If You. (a) remedy the non-compliance or inability specified in the notice to Our satisfaction, or We conclude that the concern is unsubstantiated, We may direct You to recommence performing the Activity; or
(b) fail to remedy the non-compliance or inability within the time specified, or We conclude that the concern is likely to be substantiated, We may reduce the scope of this Agreement in accordance with clause 35.1 or terminate this Agreement immediately by giving a second notice in accordance with clause 35.3.
If You return the Vehicle after the Return Time without the permission of Apollo, You will be charged for the late return according to clause 30.6
If You. (a) remedy the non-compliance or inability specified in the notice to the Commonwealth’s reasonable satisfaction, or the Commonwealth reasonably concludes that the concern is unsubstantiated, the Commonwealth may direct You to recommence performing the Activity; or
(b) fail to remedy the non-compliance or inability within the time specified, or the Commonwealth reasonably concludes that the concern is likely to be substantiated, the Commonwealth may reduce the scope of this Agreement in accordance with clause 35.1 or terminate this Agreement immediately by giving a second notice in accordance with clause 35.3.
If You. (a) deliver less than 5% of the quantity of Goods specified in the Purchaser Order, whg may reject the Goods; or
(b) deliver more than 5% of the quantity of Goods ordered, whg may at its discretion reject the Goods or the excess Goods, or accept the excess free of charge. Any rejected Goods shall be returnable at Your risk and expense.
If You. 16.1.1 do not pay Your Bill within twenty-one (21) days of the date shown on Your Bill (see paragraph 14) and You do not make payment of the overdue amounts when required by both: (a) a late payment reminder letter and (b) a final demand letter reminding You that payment is due; OR
16.1.2 commit another Material Breach of this Contract (for example, a breach that puts the safety of any person at risk or a breach of the requirements of paragraph 7), We may disconnect the Heat Supply. This means We may cease to make available the Heat Supply to Your Heating System.
If You. 36.1 commit a material breach of this Agreement and fail to remedy such breach within the time period specified in terms of this Agreement or as may be specified by NSS by way of written notice to the You, as the case may be; or
36.2 go into provisional or final liquidation or have a petition presented for Your winding up or liquidation; or
36.3 commit a material breach of this Agreement that is not remediable then (and in any such case) NSS may, without prejudice to any other rights or remedies in law, including the right to claim damages and the right to require specific performance, and without being liable to You for any loss or damage which may be occasioned as a result of early termination of the Agreement, give written notice to You to terminate this Agreement;
36.4 are in arrears with Rental and/or any other amounts due and payable to NSS on or after the 7 t h day of the month in respect of which such Rentals or other amounts fall due, then You agree that NSS shall be entitled to deny You access to the Container and the Storage Facility by removing the Cell Phone Number specified by You for access, until the amount in arrears has been paid in full.
If You. 9.2.1. Fail to make a payment of any invoice by a due date;
9.2.2. breach any of these Terms of Business (including, without limitation, by non-payment of any Fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
9.2.3. breach any of these Terms of Business and the breach is not capable of being remedied (which includes (without limitation) any breach of these Terms of Business or any payment of Fees that are more than 30 days overdue); or
9.2.4. You or Your business become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction, we may take any or all of the following actions, at its sole discretion:
9.2.5. Terminate these Terms of Business and Your use of the Software or Services;
9.2.6. Suspend for any definite or indefinite period of time, Your use of the Software or Services;
9.2.7. Take either of the actions in sub-clauses 9.2.5 or 9.2.6 in respect of any or all other persons whom You have authorised to have access to Your information or Data.
If You. 10.1.1 fail to make any payment to us when due;
10.1.2 breach the terms of this Agreement and fail to remedy such breach after having been given 14 days to remedy the breach by us;
10.1.3 persistently breach any one or more terms of this Agreement;
10.1.4 pledge or charge any Goods which are our property, or cease or threaten to cease to carry on business, or propose to compound with your creditors, apply for an interim order under Section 252 Insolvency Act 1986 or have a Bankruptcy Petition presented against you, enter into voluntary or compulsory liquidation, have a receiver, administrator or administrative receiver appointed over all or any of your assets, or take or suffer any similar action in any jurisdiction;
10.1.5 appear to us due to your credit rating to be financially inadequate to meet your obligations under the Agreement; and/or
10.1.6 appear reasonably to Us to be about to suffer any of the above events; then we shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in clause 10.2 below.
If You. 14.1.1 fail to make any payment to Us when due; exclude or limit as a matter of law.
If You. 16.1.1 do not pay Your Bill within twenty-one (21) days of the date shown on Your Bill (see paragraph 14) and You do not make payment of the overdue amounts when required by both: (a) a late payment reminder letter and (b) a final demand letter reminding You that payment is due; OR
16.1.2 commit another Material Breach of this Contract (for example, a breach that puts the safety of any person at risk or a breach of the requirements of paragraph 7), We may disconnect the Heat Supply. We will not disconnect Your Property without speaking to Your Landlord. Disconnection means We may cease to make available the Heat Supply to Your Heating System.
