Default by User. In the event of a Default by User, ADEWAP may:
(a) Notify User of the Default and require User to remedy that Default (Default Notice);
(b) if the Default is a Default in the payment of any amount and has not been remedied by the end of the third Business Day after the Default Notice was given, De-energise, or Curtail the provision of the Reference Service in respect of, all or any of User’s Connection Points whilst the Default is continuing;
(c) if the Default is any other type of Default and at the end of the fifth Business Day after the Default Notice was given:
(i) User’s Default has not been remedied; or
(ii) User has not to the reasonable satisfaction of ADEWAP begun remedying the Default or has begun remedying but is not, in the reasonable opinion of ADEWAP, diligently proceeding to remedy the Default, De-energise, or Curtail the provision of the Reference Service in respect of, all or any of User’s Connection Points whilst the Default is continuing; and
(d) if User’s Default has not been remedied at the end of the 10th Business Day after the Default Notice was given, terminate this Agreement.
Default by User. If any default is made in the payment of the required rent, or security deposit, or in any of the terms and provisions of this Agreement, the Township may at any time declare this Agreement terminated and prevent the undersigns use of the facility, as well as the use of any Township facility in the future.
Default by User. 15.1 Recognizing the importance to the City of maintaining a first-class image and operation of the Municipal Dock, User shall maintain at all times a professional relationship with the City, with other Users and with other persons visiting and using the Municipal Dock. Upon
15.2 In addition to any other default as so defined by the Use Agreement or by law, the following events shall be deemed to be events of default by the User under this Use Agreement:
(a) User’s failure to pay any installment of the use fee when such failure continues for a period of ten (10) days after the due date, or the User’s failure to pay any other expense as herein provided when such failure continues for a period of ten (10) days after written demand by the City;
(b) User’s failure to comply with any term, provision or covenant of this Use Agreement, other than the payment of the use fee or expenses;
(c) harassment, intimidation, retribution, or verbal, physical or emotional abuse directed by any person to any other person;
(d) desertion or vacation of the Slip. Actual removal of User's Vessel for more than thirty (30) consecutive days, together with the failure to pay the use fee as required herein, will constitute desertion or vacation. Vessels removed from the facility for emergency or major vessel repairs will not be considered desertion as described herein, provided the City is notified of such repairs; or
(e) User's failure to maintain a sufficient level of activity from charter business equal to at least fifty two (52) charter trips or eighteen thousand seven hundred and twenty and no/100 dollars ($18,720) annually in gross income (as determined in 2008 constant dollars) from the charter business (the “Charter Business Activity”). It shall be the express obligation of User (and not of the City) to maintain adequate records to evidence such Charter Business Activity (as determined by the City in its reasonable discretion) and User shall provide evidence of the same to the City: (i) annually on October 1 of each year of this Use Agreement; and (ii) upon ten (10) days request by the City to User.
15.3 In the event of any default by User under the Use Agreement, the City may, at its option and without limiting any other right or remedy:
(a) Recover possession of the slip on behalf of User and enter into a use agreement for the Slip to another party. User shall remain liable for and shall pay to the City all the use fee accrued to date of default, plus any accrued interest, c...
Default by User. >
(a) if there is any adverse change in the business or financial condition of <User> or an event occurs which could, in <Service Provider>’s reasonable opinion, materially affect <User>'s ability to meet its obligations to <Service Provider> under this Service Agreement; or
(b) if <User> is in default under any other agreement with <Service Provider> under which <Service Provider> provides Reference Services to <User>.
Default by User. The following acts constitute defaults by User (“Acts of Default”):
a. Failing to timely pay the RV Site use rate, outlined in Paragraph 4, above, or other lawful charges when due under this Agreement;
b. Giving false information to Campground;
c. User, User’s guests and/or occupants failing to comply with this Agreement, such as violating provisions of this Agreement or committing serious misconduct or criminal acts;
d. Remaining on the Property after giving notice of termination and intent to vacate; and/or
e. Remaining on the Property after Campground gave notice of termination at the end of the term or an Agreement Termination Notice, outlined in Paragraph 7, above.
Default by User. In the event of the User’s Default, Horizon Power Pilbara Network may notify the User of the User’s Default, which notice must:
(1) state that the notice is a notice of Default; and
(2) require the User to remedy the User’s Default. If the User’s Default is a payment Default under clause 27.1(a), the User must remedy that Default within 3 Business Days after receiving a notice under clause 27.2(a). If the User’s Default is a Default other than a payment Default under clause 27.1(a), the User must, within 5 Business Days after receiving a notice under clause 27.2(a), either:
(1) remedy that Default; or
(2) have commenced remedying that Default, and be diligently proceeding with that remedy (in each case to Horizon Power Pilbara Network’s reasonable satisfaction). If the User:
(1) fails to remedy a Default; or
(2) where applicable, fails to have commenced remedying a Default, and be diligently proceeding with that remedy (in each case, to Horizon Power Pilbara Network’s reasonable satisfaction), within the time required by clauses 27.2(b) or 27.2(c) (as applicable), without limiting its right under clause 27.2(e), Horizon Power Pilbara Network may De- energise, or Curtail the provision of Services in respect of, all or any of the User’s Connection Points while the User’s Default is continuing. Notwithstanding anything else in this clause 27.2, if the User’s Default has not been remedied by the User within 20 Business Days after receiving a notice under clause 27.2(a), Horizon Power Pilbara Network may terminate this Contract by written notice, with immediate effect.
Default by User. An Event of Default by User occurs when User:
(a) suffers an Insolvency Event;
(b) defaults in performance of a material obligation under this Agreement (Default) and, where the Default is capable of being remedied, does not remedy the Default within a period of 21 Days from the date of User's receipt of Notice from Service Provider requiring the Default to be remedied; or
(c) fails to pay any amount due to Service Provider and that amount, plus interest accrued at the Interest Rate plus 2% per annum, is still outstanding 7 Days after the date of User's receipt of Notice of the outstanding amount from Service Provider (Payment Default).
Default by User. 15.1 Recognizing the importance to the City of maintaining a first-class image and operation of the Municipal Dock, User shall maintain at all times a professional relationship with the City, with other Users and with other persons visiting and using the Municipal Dock. Upon conviction of User for any felonious activity, User shall be in default, and must vacate the Slip immediately.
15.2 In addition to any other default as so defined by the Use Agreement or by law, the following events shall be deemed to be events of default by the User under the Use Agreement:
(a) User’s failure to pay any installment of the use fee when such failure continues for a period of ten (10) days after the due date, or the User’s failure to pay any other expense as herein provided when such failure continues for a period of ten
Default by User. >
(a) if there is any adverse change in the business or financial condition of <User> or an event occurs which could, in the reasonable opinion of <Service Provider> if there is any adverse change in the business or financial condition of <User> or an event occurs which could, in <Service Provider>’s reasonable opinion, materially affect <User>'s ability to meet its obligations to <Service Provider> under this Haulage Contract; or
(a) if <User> is in default under any other agreement with <Service Provider> under which <Service Provider> provides Pipeline Services to <User>. under which <Service Provider>, provides Pipeline Services to <User>.
Default by User. An Event of Default by User occurs when:
(a) a Solvency Default occurs in relation to User;
(b) User fails to pay any amount due to Service Provider and that amount, plus interest accrued at the Interest Rate plus 2% per annum, is still outstanding 10 Business Days after the date of User's receipt of notice of the outstanding amount from Service Provider (Payment Default); or
(c) User defaults in performance of a material obligation (other than a Payment Default) under this Agreement (Other Default) and, where the Default is capable of being remedied, does not remedy the Default within a period of 20 Business Days from the date of User's receipt of notice from Service Provider requiring the Default to be remedied.
