Common use of Occurrence of an Event of Default Clause in Contracts

Occurrence of an Event of Default. Upon the occurrence of any event of default, as set forth above, WSECO may exercise the following rights and remedies: (i) declare the Rental Rate payments, and overtime charges, and the Purchase Price (as applicable pursuant to Section 3) immediately due and payable; (ii) require Customer to assemble the Equipment and make it available to WSECO at a place and time designated by WSECO; (iii) WSECO shall have full power to enter upon the property or jobsite of the Customer and take possession of and remove the Equipment; (iv) WSECO shall have full power and authority to sell, lease, transfer or otherwise deal with the Equipment or proceeds thereof, and in connection therewith WSECO may bid on the Equipment and that a commercially reasonable price for said reclaimed Equipment may be determined by WSECO based upon current national auction values, market trends relating to supply and demand, and related factors for Equipment or goods of similar type and condition; (v) if WSECO chooses to sell or lease the reclaimed Equipment, WSECO may obtain a judgment against Customer for any deficiency remaining on the Rental Rate payments, overtime charges, and the Purchase Price (as applicable pursuant to Section 3) after application of all amounts received from the exercise of its rights under this Rental Agreement; and (vi) all rights and remedies of a secured creditor under the provisions of the Idaho Uniform Commercial Code, as amended from time to time. All of WSECO’s rights and remedies, whether evidenced by this Rental Agreement or other related agreement, shall be cumulative and may be exercised singularly or concurrently. Customer agrees to pay all costs incurred by WSECO in enforcing this Rental Agreement or any of its provisions, including without limitation reasonable attorney’s fees and costs and all costs of reclaiming the Equipment, whether or not legal action is commenced.

Appears in 2 contracts

Samples: Rental Agreement, Rental Agreement

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Occurrence of an Event of Default. Upon the occurrence of any event Event of default, as set forth aboveDefault, WSECO may exercise the following rights and remedies: (i) declare the Rental Rate payments, and overtime charges, and the Purchase Price (as applicable pursuant to Section 3) sales price immediately due and payable; payable; (ii) require Customer to assemble the Equipment Goods and make it them available to WSECO at a place and time designated by WSECO; WSECO; (iii) WSECO shall have full power to enter upon the property or jobsite of the Customer and take possession of and remove the Equipment; Goods; (iv) WSECO shall have full power and authority to sell, lease, transfer or otherwise deal with the Equipment Goods or proceeds thereof, and in connection therewith WSECO may bid on the Equipment Goods and that a commercially reasonable price for said reclaimed Equipment Goods may be determined by WSECO based upon current national auction values, market trends relating to supply and demand, and related factors for Equipment or goods of similar type and condition; condition; (v) if WSECO chooses to sell or lease the reclaimed EquipmentGoods, WSECO may obtain a judgment against Customer for any deficiency remaining on the Rental Rate payments, overtime charges, and the Purchase Price (as applicable pursuant to Section 3) sales price after application of all amounts received from the exercise of its rights under this Rental Agreement; CVA; and (vi) all rights and remedies of a secured creditor under the provisions of the Idaho Uniform Commercial Code, as amended from time to time. All of WSECO’s rights and remedies, whether evidenced by this Rental Agreement CVA or other related agreement, shall be cumulative and may be exercised singularly or concurrently. Customer agrees to pay all costs incurred by WSECO in enforcing this Rental Agreement CVA or any of its provisions, including without limitation reasonable attorney’s fees and costs and all costs of reclaiming the EquipmentGoods, whether or not legal action is commenced.

Appears in 1 contract

Samples: Customer Value Agreement

Occurrence of an Event of Default. Upon the occurrence of any event of default, as set forth above, WSECO may exercise the following rights and remedies: (i) declare the Rental Rate payments, and overtime charges, and the Purchase Price (as applicable pursuant to Section 3) immediately due and payable; payable; (ii) require Customer to assemble the Equipment and make it available to WSECO at a place and time designated by WSECO; WSECO; (iii) WSECO shall have full power to enter upon the property or jobsite of the Customer and take possession of and remove the Equipment; Equipment; (iv) WSECO shall have full power and authority to sell, lease, transfer or otherwise deal with the Equipment or proceeds thereof, and in connection therewith WSECO may bid on the Equipment and that a commercially reasonable price for said reclaimed Equipment may be determined by WSECO based upon current national auction values, market trends relating to supply and demand, and related factors for Equipment or goods of similar type and condition; condition; (v) if WSECO chooses to sell or lease the reclaimed Equipment, WSECO may obtain a judgment against Customer for any deficiency remaining on the Rental Rate payments, overtime charges, and the Purchase Price (as applicable pursuant to Section 3) after application of all amounts received from the exercise of its rights under this Rental Agreement; Agreement; and (vi) all rights and remedies of a secured creditor under the provisions of the Idaho Uniform Commercial Code, as amended from time to time. All of WSECO’s rights and remedies, whether evidenced by this Rental Agreement or other related agreement, shall be cumulative and may be exercised singularly or concurrently. Customer agrees to pay all costs incurred by WSECO in enforcing this Rental Agreement or any of its provisions, including without limitation reasonable attorney’s fees and costs and all costs of reclaiming the Equipment, whether or not legal action is commenced.

Appears in 1 contract

Samples: Rental Agreement

Occurrence of an Event of Default. Upon the occurrence of any event Event of default, as set forth aboveDefault, WSECO may exercise the following rights and remedies: (i) declare the Rental Rate payments, and overtime charges, and the Purchase Price (as applicable pursuant to Section 3) sales price immediately due and payable; payable; (ii) require Customer to assemble the Equipment and make it available to WSECO at a place and time designated by WSECO; WSECO; (iii) WSECO shall have full power to enter upon the property or jobsite of the Customer and take possession of and remove the Equipment; Equipment; (iv) WSECO shall have full power and authority to sell, lease, transfer or otherwise deal with the Equipment or proceeds thereof, and in connection therewith WSECO may bid on the Equipment and that a commercially reasonable price for said reclaimed Equipment may be determined by WSECO based upon current national auction values, market trends relating to supply and demand, and related factors for Equipment or goods of similar type and condition; condition; (v) if WSECO chooses to sell or lease the reclaimed Equipment, WSECO may obtain a judgment against Customer for any deficiency remaining on the Rental Rate payments, overtime charges, and the Purchase Price (as applicable pursuant to Section 3) sales price after application of all amounts received from the exercise of its rights under this Rental Agreement; Sales Agreement; and (vi) all rights and remedies of a secured creditor under the provisions of the Idaho Uniform Commercial Code, as amended from time to time. All of WSECO’s rights and remedies, whether evidenced by this Rental Sales Agreement or other related agreement, shall be cumulative and may be exercised singularly or concurrently. Customer agrees to pay all costs incurred by WSECO in enforcing this Rental Sales Agreement or any of its provisions, including without limitation reasonable attorney’s fees and costs and all costs of reclaiming the Equipment, whether or not legal action is commenced.limitation

Appears in 1 contract

Samples: Sales Agreement

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Occurrence of an Event of Default. Upon the occurrence of any event Event of default, as set forth aboveDefault, WSECO may exercise the following rights and remedies: (i) declare the Rental Rate payments, and overtime charges, and the Purchase Price (as applicable pursuant to Section 3) sales price immediately due and payable; payable; (ii) require Customer to assemble the Equipment Goods and make it them available to WSECO at a place and time designated by WSECO; WSECO; (iii) WSECO shall have full power to enter upon the property or jobsite of the Customer and take possession of and remove the Equipment; Goods; (iv) WSECO shall have full power and authority to sell, lease, transfer or otherwise deal with the Equipment Goods or proceeds thereof, and in connection therewith WSECO may bid on the Equipment Goods and that a commercially reasonable price for said reclaimed Equipment Goods may be determined by WSECO based upon current national auction values, market trends relating to supply and demand, and related factors for Equipment or goods of similar type and condition; condition; (v) if WSECO chooses to sell or lease the reclaimed EquipmentGoods, WSECO may obtain a judgment against Customer for any deficiency remaining on the Rental Rate payments, overtime charges, and the Purchase Price (as applicable pursuant to Section 3) sales price after application of all amounts received from the exercise of its rights under this Rental Agreement; the Order; and (vi) all rights and remedies of a secured creditor under the provisions of the Idaho Uniform Commercial Code, as amended from time to time. All of WSECO’s rights and remedies, whether evidenced by this Rental Agreement the Order or other related agreement, shall be cumulative and may be exercised singularly or concurrently. Customer agrees to pay all costs incurred by WSECO in enforcing this Rental Agreement the Order or any of its provisions, including without limitation reasonable attorney’s fees and costs and all costs of reclaiming the EquipmentGoods, whether or not legal action is commenced.

Appears in 1 contract

Samples: Online Terms and Conditions

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