Defaults by Customer Sample Clauses

Defaults by Customer. The occurrence of any of the following will be a “Default” by Customer: (a) Customer fails to pay, when due. any fees or charges or other amounts owing to CyberRidge under this Agreement, provided that the first such nonpayment in any twelve month period shall not be a Default unless Customer fails to pay such amount within five business days after notice from CyberRidge of such nonpayment; (b) Customer fails to comply with any material obligation under this Agreement (other than payment obligations) within thirty days after notice from CyberRidge of such failure; (c) the material breach of any representation or warranty made by Customer in this Agreement, except to the extent such breach is susceptible to cure, in which case there shall be no Default unless such breach is not cured by Customer within thirty days after receiving notice from CyberRidge of such breach; or (d) Customer’s insolvency or liquidation as a result of which Customer ceases to do business.
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Defaults by Customer. Notwithstanding anything to the contrary and in addition to all other remedies AvData may have, AvData may immediately cancel this Agreement and accelerate all remaining payments due through the respective termination dates, if (the events described in clauses (i), (ii) and (iii) below being referred to collectively as "Defaults" and individually as a "Default"): (i) (A) Customer fails to pay when due any amount due pursuant to this Agreement or pursuant to the Master Agreement within ten (10) days after AvData has delivered written notice to Customer of such non-payment, (B) Customer violates the terms and conditions of Schedule A-2 hereto or of Schedule B-2 hereto and fails to cure such violation within any applicable cure period, or (C) except as provided in the foregoing clauses (A) and (B), Customer breaches in any material respect any other obligation under this Agreement, which failure has not been cured within thirty (30) days after AvData has delivered written notice to Customer of such failure. (ii) Customer ceases doing business as a going concern, has the Case converted from Chapter 11 to a Chapter 7 proceeding or fails to pay AvData $69,342.50 on account of its filed pre-petition claim within the earlier of eighteen (18) months from the date hereof and the date specified in a plan of reorganization in the Case in accordance with the terms thereof. Following the effective date of Customer's plan of reorganization, it shall be a default hereunder if Customer makes an assignment for the benefit of creditors, admits in writings its inability to pay its debts as they become due, files a voluntary petition in bankruptcy, is adjudicated as bankrupt or an insolvent, files a petition seeking for itself any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar arrangement under any present or future statute, law or regulation or files an answer admitting the material allegations of a petition filed against it in any such proceeding, consents to or acquiesces in the appointment of a trustee, receiver or liquidator of it or of all or any substantial part of its assets or properties, or if it or its shareholders shall take any action looking to its dissolution or liquidation. (iii) With the exception of the Case, if within sixty (60) days after the commencement of any proceedings against Customer seeking reorganization, arrangement, readjustment, liquidation, dissolution or similar relief under any present or future st...
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Related to Defaults by Customer

  • Reports by Custodian The Custodian will supply to the Fund from time to time, as mutually agreed upon, statements in respect of the securities and other assets of the Fund held by foreign sub-custodians, including but not limited to an identification of entities having possession of the Fund's securities and other assets and advices or notifications of any transfers of securities to or from each custodial account maintained by a foreign banking institution for the Custodian on behalf of the Fund indicating, as to securities acquired for the Fund, the identity of the entity having physical possession of such securities.

  • Termination by Customer You may cancel your acceptance of the Agreement with XOOM at any time within three (3) business days of your enrollment authorization and receipt of this Agreement without penalty or

  • Fund Reports by Custodian The Custodian shall furnish the Trust with a daily activity statement and a summary of all transfers to or from each Fund Custody Account on the day following such transfers. At least monthly, the Custodian shall furnish the Trust with a detailed statement of the Securities and moneys held by the Custodian and the Sub-Custodians for the Fund under this Agreement.

  • Other Reports by Custodian As the Trust may reasonably request from time to time, the Custodian shall provide the Trust with reports on the internal accounting controls and procedures for safeguarding Securities which are employed by the Custodian or any Sub-Custodian.

  • TERMINATION BY MPS - BREACH BY CONTRACTOR If Contractor fails to fulfill its obligations under this Contract in a timely or proper manner, or violates any of its provisions, MPS shall thereupon have the right to terminate it by giving five (5) days written notice before the effective date of termination of the Contract, specifying the alleged violations, and effective date of termination. The Contract shall not be terminated if, upon receipt of the notice, Contractor promptly cures the alleged violation with five (5) days. In the event of termination, MPS will only be liable for services rendered through the date of termination and not for the uncompleted portion, or for any materials or services purchased or paid for by Contractor for use in completing the Contract.