Common use of KIT FUND Clause in Contracts

KIT FUND. 6.9.1 The Client may from time to time be allocated a credit limit by Digital Origin (the “Kit Fund”) which is set out in the Order Form. 6.9.2 Subject to the written approval of a director of Digital Origin, Digital Origin may at its sole discretion allocate an amount equivalent to the value in the Kit Fund for the Client to purchase Equipment through Digital Origin from a network distributor or to offset Charges. 6.9.3 Digital Origin reserves the right to refuse a Client’s request to purchase Equipment. 6.9.4 Digital Origin will not agree to purchase Equipment for the Client’s use following the 12th month after the Go-Live Date unless a Client Review Meeting has taken place between the Client and Digital Origin. 6.9.5 The Kit Fund remains the property of Digital Origin at all times. 6.9.6 Digital Origin reserves the right to reduce and/or apply a charge to the Kit Fund in any of the following circumstances: (a) the Client is in breach of a material term of these Conditions including but not limited to the Client’s failure to pay the Price and/or the Charges (or any of them) to Digital Origin on the due date (which shall include, without limitation, where cancellation of a direct debit instruction results in payment not being made on the due date); (b) Digital Origin has reasonable grounds to believe that the Network Services are being used fraudulently or unlawfully; (c) any licence under which the Client has the right to run its telecommunciations system and connect to the Network Services is revoked; (d) Digital Origin is entitled to suspend provision of any other telecommunications service under the terms of any other agreement with the Client; (e) Digital Origin reasonably suspects that the Client is in breach of its obligations under the Contract; (f) Digital Origin reasonably suspects that the Client is intending to terminate the Contract in breach of its obligations; or (g) the Carrier charges Digital Origin as a result of the Client’s conduct, including if the Client pays a Xxxxxxx’x xxxx late or does not use the Network Services. 6.9.7 Any Kit Fund remaining at the expiry of the Minimum Term or the termination of the Contract will not be paid to the Client but will be retained by Digital Origin.

KIT FUND. 6.9.1 The Client may from time to time be allocated a credit limit by Digital Origin Pericom (the “Kit Fund”) which is set out in the Order Form. 6.9.2 Subject to the written approval of a director of Digital OriginPericom, Digital Origin Pericom may at its sole discretion allocate an amount equivalent to the value in the Kit Fund for the Client to purchase Equipment through Digital Origin Pericom from a network distributor or to offset Charges. 6.9.3 Digital Origin Pericom reserves the right to refuse a Client’s request to purchase Equipment. 6.9.4 Digital Origin Pericom will not agree to purchase Equipment for the Client’s use following the 12th month after the Go-Live Date unless a Client Review Meeting has taken place between the Client and Digital OriginPericom. 6.9.5 The Kit Fund remains the property of Digital Origin Pericom at all times. 6.9.6 Digital Origin Pericom reserves the right to reduce and/or apply a charge to the Kit Fund in any of the following circumstances: (a) the Client is in breach of a material term of these Conditions including but not limited to the Client’s failure to pay the Price and/or the Charges (or any of them) to Digital Origin Pericom on the due date (which shall include, without limitation, where cancellation of a direct debit instruction results in payment not being made on the due date); (b) Digital Origin Pericom has reasonable grounds to believe that the Network Services are being used fraudulently or unlawfully; (c) any licence under which the Client has the right to run its telecommunciations system and connect to the Network Services is revoked; (d) Digital Origin Pericom is entitled to suspend provision of any other telecommunications service under the terms of any other agreement with the Client; (e) Digital Origin Pericom reasonably suspects that the Client is in breach of its obligations under the Contract; (f) Digital Origin Pericom reasonably suspects that the Client is intending to terminate the Contract in breach of its obligations; or (g) the Carrier charges Digital Origin Pericom as a result of the Client’s conduct, including if the Client pays a Xxxxxxx’x xxxx late or does not use the Network Services. 6.9.7 Any Kit Fund remaining at the expiry of the Minimum Term or the termination of the Contract will not be paid to the Client but will be retained by Digital OriginPericom.