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DEFAULT OF THE CUSTOMER Sample Clauses

DEFAULT OF THE CUSTOMER. 12.1. If the Customer fails to pay any sum when it becomes due, PSL shall have the right, but without prejudice to any other rights or remedies, to suspend further work until payment is received with interest at the rate specified at condition 22 or to cancel the Contract so far as any Services remain to be provided in which case the Customer will indemnify PSL in accordance with condition 3 above. 12.2. If the Customer shall make default in or commit any breach of any of his obligations to PSL, or if any distress or execution shall be levied upon the Customer, his property or assets, or if the Customer shall make or offer to make any arrangement or composition with Creditors or commits any act of bankruptcy, or if any petition for bankruptcy shall be presented, or if the Customer shall be a limited company and any resolution or petition to wind up the Customer’s business or for the appointment of an Administrator shall be passed or presented otherwise than for reconstruction or amalgamation, or if an Administrative Receiver of such company’s undertaking property or assets or any part thereof shall be appointed, PSL may determine the Contract by written notice to the Customer’s registered office address or otherwise as set out in the Proposal, without prejudice to any claim or right PSL might otherwise have.
Sample 1See All (4)
DEFAULT OF THE CUSTOMER i) If the Customer shall make default in or commit a breach of the terms or conditions of any contract with the Company, or if any distress or execution shall be levied upon the Customer’s property or assets, or if the Customer shall make or offer to make any arrangement or composition with creditors, or commit any act of bankruptcy, or if any petition or receiving order in bankruptcy shall be presented or made against him, or a Statutory Demand is served on him, of if the Customer is a limited company and any resolution or petition to wind up such Company’s business shall be passed or presented, or if a Receiver of such Company’s undertaking, property or assets or any part thereof shall be appointed, the Company shall have right without notice to the Customer and without prejudice to any other claims or rights the Company may make or exercise to determine all or any of its contracts with the Customer. ii) If it should come to the notice of the Company that any work done or any goods to be supplied under this contract infringe or are alleged to infringe any patent registered design, copyright,or other rights in the manufacture of the goods then the Company shall have the right to cease the manufacture of these goods and to be bound by this contract and the Customer shall indemnify the Company against the Company for such infringement or alleged infringement or for royalties, and against all costs, expenses and other payments arising therefrom and shall pay to the Company the value of work done on and the materials used in the manufacture of the goods prior to such cessation of manufacture.
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DEFAULT OF THE CUSTOMER. If the Customer is in default according to this Terms of Sale, and the Seller early terminates this Terms of Sale (including the end of the current initial or renewal term) and/or this Terms of Sale becomes terminated due to the termination of the Merchant Contract between the “Merchant Company” (or another “Merchant Company” authorized by Seller) and the Seller due to request of the “Merchant Company” then the Customer is responsible for the Early Termination Fee (as defined in the paragraph 4.5), and the Customer immediately becomes liable for 10% (Ten percent) of the total amount of this Terms of Sale from the beginning and until the end of the then current term as liquidated damages, and also for the total costs of shipping of the POS and its components to the Customer. All other fees owed by the Customer to the Seller shall be paid additionally to the ETF.
Sample 1
DEFAULT OF THE CUSTOMER. 11.1. If any of the events set out in (a) to (f) below occur, the Company may at its option and in its absolute discretion withhold further deliveries or cancel the agreement without notice to the Customer and without prejudice to any other action or remedy which the Company has or might otherwise have had and/or open a new trading account with the Customer with cash on delivery payment terms: (a) The Customer makes default in any payments or is unable, or states that it is unable, to pay its debts as and when they fall due; (b) The Customer, being an individual, commits an act of bankruptcy or has a controller or trustee or similar officer appointed in respect of the Customer's estate or any part of the Customer's property or assets; (c) The Customer passes a resolution for its winding up or enters into liquidation or has an application for winding up filed against it; (d) A receiver, receiver and manager, controller, voluntary administrator or similar officer is appointed over any part of the property or assets of the Customer; (e) The Customer cancels its Services with the Company; (f) The Customer experiences any analogous event having substantially similar effect to any of the events specified above; (g) For any other reason that the Company deems appropriate.
Sample 1
DEFAULT OF THE CUSTOMER. 12.1 The Customer fails to make any payment as and when due and payable, commits an act of bankruptcy, has liens placed on a project or assets frozen or restrained, is insolvent or becomes subject to any form of external administration or an application for any form of external administration is made against the Customer (Default). 12.2 If the Customer continues to be in Default, the Company may issue a notice to the Customer to remedy the Default. If the Customer continues to be in Default for a period of twenty-eight (28) consecutive days or the Default is incapable of being remedied, without limiting the Company rights, the Company may at its discretion withhold further deliveries or terminate the Agreement. Where such Default occurs, this shall not in any way prejudice the right of the Company to recover any amounts due for materials previously supplied or manufactured to the Customer’s requirements.
Sample 1
DEFAULT OF THE CUSTOMER. 9.1 In the event of default in payment, ANYDESK is entitled to suspend the services at the Customer's expense. 9.2 If the Customer is in default of payment in a period exceeding two months in an amount equal to the monthly base price for two months, ANYDESK may extraordinarily terminate the contractual relationship without notice. 9.3 ANYDESK reserves the right to assert further claims due to delayed payment. 9.4 ANYDESK will not exercise its rights regarding a delay in payment and suspension of performance if overdue payments are the subject of an attempted settlement between the contracting parties and the Customer cooperates with ANYDESK.
Sample 1
DEFAULT OF THE CUSTOMER. 13.1. If the customer is not in a timely fashion, that is, within 8 days after the invoice date, is charged, the customer is in default. Unless otherwise agreed in writing, the customer from the time of default owe interest on the amount due amount, equal to the legal interest (trade), increased with an interest rate of 1.5% per month. 13.2. As from the date of default user shall be entitled to recovery of the open invoice. The associated (non-judicial) costs shall be borne by the customer. User shall be entitled to fix these costs at 15% of the outstanding principal amount, with a minimum of €40,--.
Sample 1

Related to DEFAULT OF THE CUSTOMER

  • Default of Tenant (a) It shall be a default by Tenant if: (1) the rent herein required is not paid at the time and place when and where due and Tenant fails to pay said rent within ten (10) days after written demand from Landlord; or (2) Tenant fails to comply with any material term, provision, condition, or covenant of this Lease, other than the payment of rent, and will not cure such failure within thirty (30) days after notice to Tenant of such failure to comply or such additional time period as may reasonably be necessary to effect a cure of the default provided that Tenant commences and diligently pursues a cure of the default; or (3) Tenant causes any lien to be placed against the Premises and does not cure the same within thirty (30) days after notice from Landlord to Tenant demanding cure. (b) Upon any default by Tenant referenced in Subparagraph (a) above, Landlord may, in addition to, and not in limitation of any other remedy permitted by law or by this Lease: (1) terminate this Lease, in which case Tenant shall (A) immediately surrender the Premises to Landlord, and (B) indemnify Landlord for all loss and damage that Landlord may suffer by reason of such termination, whether through inability to relet the Premises, or through decrease in rent, or otherwise; or (2) acting as Tenant's agent, without terminating this Lease, may terminate Tenant's right of possession, and, at Landlord's option, enter upon and rent the Premises at the best price obtainable by reasonable effort, without advertisement and by private negotiations and for any term Landlord deems proper, in which case Tenant will be liable to Landlord for the deficiency, if any, between Tenant's rent hereunder and the price obtained by Landlord on reletting. Pursuit of any of the foregoing remedies will not preclude pursuit of any of the other remedies herein provided or any other remedies provided by law. In any case, Landlord will use reasonable efforts to mitigate Tenant's damages. Any notice in this provision may be given by Landlord or its attorney. No termination of this Lease prior to the normal ending thereof, by lapse of time or otherwise, will affect Landlord's right to collect rent for the period prior to the termination thereof.

  • Available Relief for a Force Majeure Event 11.7.1 Subject to this Article 11: (a) no Party shall be in breach of its obligations pursuant to this Agreement except to the extent that the performance of its obligations was prevented, hindered or delayed due to a Force Majeure Event; (b) every Party shall be entitled to claim relief in relation to a Force Majeure Event in regard to its obligations, including but not limited to those specified under Article 4.5; (c) For avoidance of doubt, neither Party’s obligation to make payments of money due and payable prior to occurrence of Force Majeure events under this Agreement shall be suspended or excused due to the occurrence of a Force Majeure Event in respect of such Party. (d) Provided that no payments shall be made by either Party affected by a Force Majeure Event for the period of such event on account of its inability to perform its obligations due to such Force Majeure Event.

  • Notice of Default or Event of Default promptly, and in any event within five days after a Responsible Officer becoming aware of the existence of any Default or Event of Default or that any Person has given any notice or taken any action with respect to a claimed default hereunder or that any Person has given any notice or taken any action with respect to a claimed default of the type referred to in Section 11(f), a written notice specifying the nature and period of existence thereof and what action the Company is taking or proposes to take with respect thereto;

  • Notice of Event of Default If the Mortgagee shall have Actual Knowledge of an Event of Default or of a Default arising from a failure to pay Rent, the Mortgagee shall give prompt written notice thereof to the Owner Trustee, the Owner Participant, Lessee, and each Note Holder. Subject to the terms of Sections 2.13, 4.03, 4.04, 4.08, 5.02 and 5.03 hereof, the Mortgagee shall take such action, or refrain from taking such action, with respect to such Event of Default or Default (including with respect to the exercise of any rights or remedies hereunder) as the Mortgagee shall be instructed in writing by a Majority in Interest of Note Holders. Subject to the provisions of Section 5.03, if the Mortgagee shall not have received instructions as above provided within 20 days after mailing notice of such Event of Default to the Note Holders, the Mortgagee may, subject to instructions thereafter received pursuant to the preceding provisions of this Section 5.01, take such action, or refrain from taking such action, but shall be under no duty to take or refrain from taking any action, with respect to such Event of Default or Default as it shall determine advisable in the best interests of the Note Holders; PROVIDED, HOWEVER, that the Mortgagee may not sell the Aircraft or any Engine without the consent of a Majority in Interest of Note Holders. For all purposes of this Trust Indenture, in the absence of Actual Knowledge on the part of the Mortgagee, the Owner Trustee or the Owner Participant, the Mortgagee, the Owner Trustee or the Owner Participant, as the case may be, shall not be deemed to have knowledge of a Default or an Event of Default (except, in the case of the Mortgagee, the failure of Lessee to pay any installment of Basic Rent within one Business Day after the same shall become due, if any portion of such installment was then required to be paid to the Mortgagee, which failure shall constitute knowledge of a Default) unless notified in writing by Lessee, the Owner Trustee, the Owner Participant or one or more Note Holders.

  • Default of Purchasers If any Purchaser or Purchasers default in their obligations to purchase Offered Securities hereunder and the aggregate principal amount of Offered Securities that such defaulting Purchaser or Purchasers agreed but failed to purchase does not exceed 10% of the total principal amount of Offered Securities, CSFBC may make arrangements satisfactory to the Company for the purchase of such Offered Securities by other persons, including any of the Purchasers, but if no such arrangements are made by the Closing Date, the non-defaulting Purchasers shall be obligated severally, in proportion to their respective commitments hereunder, to purchase the Offered Securities that such defaulting Purchasers agreed but failed to purchase. If any Purchaser or Purchasers so default and the aggregate principal amount of Offered Securities with respect to which such default or defaults occur exceeds 10% of the total principal amount of Offered Securities and arrangements satisfactory to CSFBC and the Company for the purchase of such Offered Securities by other persons are not made within 36 hours after such default, this Agreement will terminate without liability on the part of any non-defaulting Purchaser or the Company, except as provided in Section 9. As used in this Agreement, the term "Purchaser" includes any person substituted for a Purchaser under this Section. Nothing herein will relieve a defaulting Purchaser from liability for its default.

  • Xxxxxx of Default The happening of any of the following events or conditions shall constitute default hereunder which is herein referred to as ‘default’ or an ‘Event of Default’: (1) The Debtor fails to satisfy or perform any of the Obligations when due; (2) The non-payment when due, whether by acceleration or otherwise, of any principal or interest forming part of the indebtedness or the failure of Debtor to observe or perform any obligation, covenant, term, provision or condition contained in this Agreement or any other agreement between Debtor and Secured Party and such failure has not been waived or cured within any applicable period of grace; (3) The bankruptcy or insolvency of Debtor or any guarantor of the indebtedness; the filing against Debtor or any guarantor of the indebtedness of a petition in bankruptcy; the making of an authorized assignment for the benefit of creditors by Xxxxxx or any guarantor of the indebtedness; the appointment of a receiver or trustee for Debtor or any guarantor of the indebtedness or for any assets of Debtor or any guarantor of the indebtedness; or the institution by or against Debtor or any guarantor of the indebtedness of any other type of insolvency proceeding under the Bankruptcy and Insolvency Act or otherwise; (4) The institution by or against the Debtor or any guarantor of the indebtedness of any formal or informal proceeding for the dissolution or liquidation of, settlement of claims against or winding up of affairs of Debtor or any guarantor of the indebtedness; (5) If any encumbrance affecting the Collateral becomes enforceable against the Collateral; (6) If Debtor or any guarantor of the indebtedness ceases or threatens to cease to carry on business or makes or agrees to make a bulk sale of assets without complying with applicable law or commits or threatens to commit an act of bankruptcy; (7) If any execution, sequestration, extent or other process of any court becomes enforceable against Debtor or any guarantor of the indebtedness or if a distress or analogous process is levied upon the assets of Debtor or any guarantor of the indebtedness or any part thereof; (8) If any certificate, statement, representation, warranty or audit report heretofore or hereafter furnished by or on behalf of Debtor pursuant to or in connection with this Agreement, or otherwise (including, without limitation, the representations and warranties contained herein) or as an inducement to Secured Party to enter into this or any other agreement with Debtor, proves to have been false in any material respect at the time as of which the facts therein set forth were stated or certified or becomes incorrect in any respect at any time or proves to have omitted any substantial contingent or unliquidated liability or claim against Debtor; or if upon the date of execution of this Agreement, there shall have been any material adverse change in any of the facts disclosed by any such certificate, representation, statement, warranty or audit report, which change shall not have been disclosed to Secured Party at or prior to the time of such execution; and (9) If Secured Party, in good faith, believes and has commercially reasonable grounds to believe that the prospect of payment of any indebtedness or performance of the Obligations is or is about to be placed in jeopardy.

  • Additional Event of Default The following will constitute an additional Event of Default with respect to Party B: "NOTE ACCELERATION NOTICE. A Note Acceleration Notice is served on Party B in relation to the Relevant Notes."

  • Default or Event of Default No Default or Event of Default hereunder has occurred or is continuing or will occur as a result of the giving effect hereto.

  • Default of Indebtedness No Borrower is in default in the payment of the principal of or interest on any Indebtedness or under any instrument or agreement under or subject to which any Indebtedness has been issued and no event has occurred under the provisions of any such instrument or agreement which with or without the lapse of time or the giving of notice, or both, constitutes or would constitute an event of default thereunder.

  • Action if Other Event of Default If any Event of Default (other than any Event of Default described in clauses (i) through (iv) of Section 9.1(h)) shall occur for any reason, whether voluntary or involuntary, and be continuing, the Lender may, by notice to the Borrower declare all or any portion of the outstanding principal amount of the Loans and other Obligations to be due and payable and/or the Commitments (if not theretofore terminated) to be terminated, whereupon the full unpaid amount of the Loans and other Obligations which shall be so declared due and payable shall be and become immediately due and payable, without further notice, demand or presentment, and the Commitments shall terminate.

Most Referenced Clauses

Most Referenced Definitions