Common use of Default Remedies Termination Clause in Contracts

Default Remedies Termination. A. In the event of early termination under this Agreement and/or any SOW, other than for material breach by Brink's, Customer agrees that actual damages might be sustained by Brink's which are uncertain and would be difficult to determine. Customer hereby agrees to pay Brink's, as liquidated damages and not as a penalty, all remaining charges that would have been payable to Brink's from the date of termination up to and including the date of expiration of the then current term of this Agreement, plus any capital costs incurred by Brink's as a result of entering into this Agreement. Should Customer default in the payment to Brink's of any amounts due under this Agreement, then Customer shall also be responsible for interest as provided above and all attorney's fees, costs and expenses incurred by Brink's in the collection of such past due amounts. The past due amounts, interest and collection costs constitute "Unpaid Obligations". In addition to the other remedies provided in this Agreement and under applicable law, Customer hereby agrees that Brink's shall be permitted to retain as a credit and to offset against such Unpaid Obligations, on a dollar for dollar basis, any Property which Brink's has in its possession under this Agreement.

Default Remedies Termination. A. 1. In the event of early termination under this the Agreement and/or any SOW, other than for material breach by Brink's’s, Customer Xxxxxxxx agrees that actual damages might be sustained by Brink's ’s which are uncertain and would be difficult to determine. Customer hereby agrees to pay Brink's’s, as liquidated damages and not as a penalty, all remaining charges that would have been payable to Brink's ’s from the date of termination up to and including the date of expiration of the then current term of this the Agreement, plus any capital costs incurred by Brink's ’s as a result of entering into this the Agreement. Should Customer default in the payment to Brink's ’s of any amounts due under this the Agreement, then Customer shall also be responsible for interest as provided above and all attorney's ’s fees, costs and expenses incurred by Brink's ’s in the collection of such past due amounts. The past due amounts, interest and collection costs constitute "“Unpaid Obligations"”. In addition to the other remedies provided in this the Agreement and under applicable law, Customer hereby agrees that Brink's ’s shall be permitted to retain as a credit and to offset against such Unpaid Obligations, on a dollar for dollar basis, any Property which Brink's ’s has in its possession under this the Agreement.