Common use of PROTECTION OF OWNER’S RIGHTS Clause in Contracts

PROTECTION OF OWNER’S RIGHTS. (a) The Hirer shall not re-hire, sell, mortgage, charge, pledge, part with possession of or otherwise deal with the Plant except as provided under clause 15 and shall protect the same against distress, execution or seizure and shall indemnify the Owner against all losses, damage, costs, charges and expenses arising as a direct result of any failure to observe and perform this condition except in the event of Government requisition. (b) The Owner may terminate the Contract forthwith by written notice to the Hirer if one or more of the following events occur: (i) The Hirer defaults in punctual payment of any sum due to the Owner for hire of Plant or other charges payable pursuant to these conditions; (ii) The Hirer fails to observe and perform the terms and conditions of the Contract; (iii) The Hirer suffers, or the Owner reasonably believes that the Hirer shall suffer, any distress or execution to be levied against him; (iv) The Hirer makes or proposes to make any arrangement with his creditors or becomes insolvent within the meaning of Section 113 of the Housing Grants, Construction and Regeneration Xxx 0000 or any amendment or re-enactment thereof for the time being in force; or (v) The Hirer does or causes to be done or permit or suffer any act or thing whereby the Owner’s rights in the Plant may be prejudiced or put into jeopardy. (c) In the event of termination under sub-paragraph (b) above: (i) The Hirer must give the Owner or his agents, immediate unobstructed access to recover the Plant. (ii) The Owner shall be entitled to claim the hire charges outstanding as at the date of termination of the hire under this clause and return transport charges under clause 31. (d) The rights under sub-paragraph (b) and (c) above: (i) May be exercised notwithstanding that the Owner may have waived some previous default or matter of the same or a like nature. (ii) Shall not affect the Owner’s right to claim damages for breach of Contract or recover any sums due under the Contract as a debt. (e) If the Hirer does not make payment of a sum by the final date on which payment is due to be made, the Owner has the right to suspend performance of its obligations under the Contract. The right to suspend may not be exercised without first giving to the Hirer at least 7 days notice in writing of the Owner’s intention to suspend performance, stating the ground or grounds on which the Owner intends to suspend performance. The right to suspend performance will cease when the Hirer makes payment in full of the amount due.

PROTECTION OF OWNER’S RIGHTS. (a) The Hirer shall not re-hire, sell, mortgage, charge, pledge, part with possession of or otherwise deal with the Plant except as provided under clause 15 and shall protect the same against distress, execution or seizure and shall indemnify the Owner against all losses, damage, costs, charges and expenses arising as a direct result of any failure to observe and perform this condition except in the event of Government requisition. (b) The Owner may terminate the Contract forthwith by written notice to the Hirer if one or more of the following events occur: (i) The Hirer defaults in punctual payment of any sum due to the Owner for hire of Plant or other charges payable pursuant to these conditions; (ii) The Hirer fails to observe and perform the terms and conditions of the Contract; (iii) The Hirer suffers, or the Owner reasonably believes that the Hirer shall suffer, any distress or execution to be levied against him; (iv) The Hirer makes or proposes to make any arrangement with his creditors or becomes insolvent within the meaning of Section 113 of the Housing Grants, Construction and Regeneration Xxx 0000 Act 1996 or any amendment or re-enactment thereof for the time being in force; or (v) The Hirer does or causes to be done or permit or suffer any act or thing whereby the Owner’s rights in the Plant may be prejudiced or put into jeopardy. (c) In the event of termination under sub-paragraph (b) above: (i) The Hirer must give the Owner or his agents, immediate unobstructed access to recover the Plant. (ii) The Owner shall be entitled to claim the hire charges outstanding as at the date of termination of the hire under this clause and return transport charges under clause 31. (d) The rights under sub-paragraph (b) and (c) above: (i) May be exercised notwithstanding that the Owner may have waived some previous default or matter of the same or a like nature. (ii) Shall not affect the Owner’s right to claim damages for breach of Contract or recover any sums due under the Contract as a debt. (e) If the Hirer does not make payment of a sum by the final date on which payment is due to be made, the Owner has the right to suspend performance of its obligations under the Contract. The right to suspend may not be exercised without first giving to the Hirer at least 7 days notice in writing of the Owner’s intention to suspend performance, stating the ground or grounds on which the Owner intends to suspend performance. The right to suspend performance will cease when the Hirer makes payment in full of the amount due.

PROTECTION OF OWNER’S RIGHTS. (a) The Hirer shall not re-hire, sell, mortgage, charge, pledge, part with possession of or otherwise deal with the Plant Equipment except as provided under clause 15 17 and shall protect the same against distress, execution or seizure and shall indemnify the Owner against all losses, damage, costs, charges charges, and expenses arising as a direct result of any failure to observe and perform this condition except in the event of Government requisition. (b) The Owner may terminate the Contract forthwith by written notice to the Hirer if one or more of the following events occur: (i) i. The Hirer defaults in punctual payment of any sum due to the Owner for hire of Plant Equipment or other charges payable pursuant to these conditions;. (ii) . The Hirer fails to observe and perform the terms and conditions of the Contract;. (iii) . The Hirer suffers, or the Owner reasonably believes that the Hirer shall suffer, any distress or execution to be levied against him;. (iv) . The Hirer makes or proposes to make any arrangement with his creditors or becomes insolvent within the meaning of Section 113 of the Housing Grants, Construction and Regeneration Xxx 0000 or any amendment or re-re- enactment thereof for the time being in force; or (v) v. The Hirer does or causes to be done or permit or suffer any act or thing whereby the Owner’s rights in the Plant Equipment may be prejudiced or put into jeopardy. (c) In the event of termination under sub-paragraph (b) above: (i) i. The Hirer must give the Owner or his agents, immediate unobstructed access to recover the PlantEquipment. (ii) . The Owner shall be entitled to claim the hire charges outstanding as at the date of termination of the hire under this clause and return transport charges under clause 3128. (d) The rights under sub-paragraph (b) and (c) above: (i) i. May be exercised notwithstanding that the Owner may have waived some previous default or matter of the same or a like nature. (ii) . Shall not affect the Owner’s right to claim damages for breach of Contract or recover any sums due under the Contract as a debt. (e) If the Hirer does not make payment of a sum by the final date on which payment is due to be made, the Owner has the right to suspend performance of its obligations under the Contract. The right to suspend may not be exercised without first giving to the Hirer at least 7 days day’s notice in writing of the Owner’s intention to suspend performance, stating the ground or grounds on which the Owner intends to suspend performance. The right to suspend performance will cease when the Hirer makes payment in full of the amount due.

PROTECTION OF OWNER’S RIGHTS. (a) The Hirer shall not re-hire, sell, mortgage, charge, pledge, part with possession of or otherwise deal with the Plant Equipment except as provided under clause 15 17 and shall protect the same against distress, execution or seizure and shall indemnify the Owner against all losses, damage, costs, charges and expenses arising as a direct result of any failure to observe and perform this condition except in the event of Government requisition. (b) The Owner may terminate the Contract forthwith by written notice to the Hirer if one or more of the following events occur: (i) i. The Hirer defaults in punctual payment of any sum due to the Owner for hire of Plant Equipment or other charges payable pursuant to these conditions;. (ii) . The Hirer fails to observe and perform the terms and conditions of the Contract;. (iii) . The Hirer suffers, or the Owner reasonably believes that the Hirer shall suffer, any distress or execution to be levied against him;. (iv) . The Hirer makes or proposes to make any arrangement with his creditors or becomes insolvent within the meaning of Section 113 of the Housing Grants, Construction and Regeneration Xxx 0000 or any amendment or re-re- enactment thereof for the time being in force; or (v) v. The Hirer does or causes to be done or permit or suffer any act or thing whereby the Owner’s rights in the Plant Equipment may be prejudiced or put into jeopardy. (c) In the event of termination under sub-paragraph (b) above: (i) i. The Hirer must give the Owner or his agents, immediate unobstructed access to recover the PlantEquipment. (ii) . The Owner shall be entitled to claim the hire charges outstanding as at the date of termination of the hire under this clause and return transport charges under clause 3128. (d) The rights under sub-paragraph (b) and (c) above: (i) i. May be exercised notwithstanding that the Owner may have waived some previous default or matter of the same or a like nature. (ii) . Shall not affect the Owner’s right to claim damages for breach of Contract or recover any sums due under the Contract as a debt. (e) If the Hirer does not make payment of a sum by the final date on which payment is due to be made, the Owner has the right to suspend performance of its obligations under the Contract. The right to suspend may not be exercised without first giving to the Hirer at least 7 days day’s notice in writing of the Owner’s intention to suspend performance, stating the ground or grounds on which the Owner intends to suspend performance. The right to suspend performance will cease when the Hirer makes payment in full of the amount due.

PROTECTION OF OWNER’S RIGHTS. (a) The Hirer shall not re-hire, sell, mortgage, charge, pledge, part with possession of or otherwise deal with the Plant except as provided under clause 15 and shall protect the same against distress, execution or seizure and shall indemnify the Owner against all losses, damage, costs, charges and expenses arising as a direct result of any failure to observe and perform this condition except in the event of Government requisition. (b) The Owner may terminate the Contract forthwith by written notice to the Hirer if one or more of the following events occur: (i) The Hirer defaults in punctual payment of any sum due to the Owner for hire of Plant or other charges payable pursuant to these conditions; (ii) The Hirer fails to observe and perform the terms and conditions of the Contract; (iii) The Hirer suffers, or the Owner reasonably believes that the Hirer shall suffer, any distress or execution to be levied against him; (iv) The Hirer makes or proposes to make any arrangement with his creditors or becomes insolvent within the meaning of Section 113 of the Housing Grants, Construction and Regeneration Xxx 0000 or any amendment or re-enactment thereof for the time being in force; or (v) The Hirer does or causes to be done or permit or suffer any act or thing whereby the Owner’s rights in the Plant may be prejudiced or put into jeopardy. (c) In the event of termination under sub-paragraph (b) above: (i) The Hirer must give the Owner or his agents, immediate unobstructed access to recover the Plant. (ii) The Owner shall be entitled to claim the hire charges outstanding as at the date of termination of the hire under this clause and return transport charges under clause 31. (d) The rights under sub-paragraph (b) and (c) above: (i) May be exercised notwithstanding that the Owner may have waived some previous previ- ous default or matter of the same or a like nature. (ii) Shall not affect the Owner’s right to claim damages for breach of Contract or recover any sums due under the Contract as a debt. (e) If the Hirer does not make payment of a sum by the final date on which payment is due to be made, the Owner has the right to suspend performance of its obligations under the Contract. The right to suspend may not be exercised without first giving to the Hirer at least 7 days notice in writing of the Owner’s 's intention to suspend performance, stating the ground or grounds on which the Owner intends to suspend performance. The right to suspend performance will cease when the Hirer makes payment in full of the amount due.

PROTECTION OF OWNER’S RIGHTS. (a) The Hirer shall not re-hire, sell, mortgage, charge, pledge, part with possession of or otherwise deal with the Plant except as provided under clause 15 Equipment and shall protect the same against distress, execution or seizure and shall indemnify the Owner against all losses, damage, costs, charges charges, and expenses arising as a direct result of any failure to observe and perform this condition except in the event of Government requisition. (b) The Owner may terminate the Contract forthwith immediately by written notice to the Hirer if one or more of the following events occur: (i) The Hirer defaults in punctual payment of any sum due to the Owner for hire of Plant Equipment or other charges payable pursuant to these conditions;. (ii) The Hirer fails to observe and perform the terms and conditions of the Contract;. (iii) The Hirer suffers, or the Owner reasonably believes that the Hirer shall suffer, any distress or execution to be levied against him;. (iv) The Hirer makes or proposes to make any arrangement with his creditors or becomes insolvent within the meaning of Section 113 of the Housing Grants, Construction and Regeneration Xxx 0000 or any amendment or re-enactment thereof for the time being in force; orinsolvent. (v) The Hirer does or causes to be done or permit or suffer any act or thing whereby the Owner’s rights in the Plant Equipment may be prejudiced or put into jeopardy. (c) In the event of termination under sub-paragraph (b) above: (i) The Hirer must give the Owner or his agents, immediate unobstructed access to recover the PlantEquipment. (ii) The Owner shall be entitled to claim the hire charges outstanding as at the date of termination of the hire under this clause and return transport charges under clause 31charges. (d) The rights under sub-paragraph (b) and (c) above: (i) May be exercised notwithstanding that the Owner may have waived some previous default or matter of the same or a like nature. (ii) Shall not affect the Owner’s right to claim damages for breach of Contract or recover any sums due under the Contract as a debt. (e) If the Hirer does not make payment of a sum by the final date on which payment is due to be made, the Owner has the right to suspend performance of its obligations under the Contract. The right to suspend may not be exercised without first giving to the Hirer at least 7 days days’ notice in writing of the Owner’s intention to suspend performance, stating the ground or grounds on which the Owner intends to suspend performance. The right to suspend performance will cease when the Hirer makes payment (f) Payment in full of the amount due.

PROTECTION OF OWNER’S RIGHTS. (a) The Hirer shall not re-hire, sell, mortgage, charge, pledge, part with possession of or otherwise deal with the Plant plant except as provided under clause 15 and shall to protect the same against distress, execution or seizure and shall indemnify the Owner against all losses, damage, costs, charges and expenses arising as a direct result of any failure to observe and perform this condition except in the event of Government requisition. (b) The Owner may terminate the Contract forthwith by written notice to If the Hirer if one or more of the following events occur: (i) The Hirer defaults makes default in punctual payment of any sum due to the Owner for hire of Plant plant or other charges payable pursuant to these conditions; (ii) The Hirer fails or shall fail to observe and perform the terms and conditions of the this Contract; (iii) The Hirer suffers, or the Owner reasonably believes that if the Hirer shall suffer, suffer any distress or execution to be levied against him; (iv) The Hirer makes him or proposes make or propose to make any arrangement with his creditors or becomes insolvent within the meaning of Section 113 of the Housing Grants, Construction and Regeneration Xxx 0000 or any amendment or re-enactment thereof for the time being in force; or (v) The Hirer does or causes shall do or cause to be done or permit or suffer any act or thing whereby the Owner’s rights in the Plant plant may be prejudiced or put into jeopardy. (c) In the event of termination under sub-paragraph (b) above: (i) The Hirer must give , this Contract may forthwith be determined by notice from the Owner or his agents, immediate unobstructed access to recover the Plant. Hirer (ii) The Owner shall be entitled to claim the hire charges outstanding as at the date of termination of the hire under this clause and return transport charges under clause 31. (d) The rights under sub-paragraph (b) and (c) above: (i) May be exercised notwithstanding that the Owner may have waived some previous default or matter of the same or a like nature. (ii) Shall ). The Contract shall thereupon be deemed determined by reason of the Hirer’s breach and it shall be lawful for the Owner to retake possession of the said plant and for that purpose enter into or upon any premises where the same may be and the determination of the hiring under this Condition shall not affect the Owner’s right of the Owner to claim damages for breach of Contract or recover from the Hirer any sums monies due to the Owner under the Contract as a debt. (e) If the Hirer does not make payment of a sum by the final date on which payment is due to be made, the Owner has the right to suspend performance of its obligations under the Contract. The right to suspend may not be exercised without first giving to the Hirer at least 7 days notice in writing or any of the Owner’s intention to suspend performancerights and remedies. In particular, stating the ground or grounds on which without limitation, the Owner intends shall be entitled to suspend performance. The right to suspend performance will cease when claim the Hirer makes payment in full hire charges outstanding as at the date of determination of the amount duehire under this clause, return transport charges under clause 31, and damages for the Hirer’s actual or deemed breach of the Contract under this Clause.

PROTECTION OF OWNER’S RIGHTS. (a) The Hirer Subject to clause 14 above, the Customer shall not re-hire, sell, mortgage, charge, pledge, part with possession of or otherwise deal with the Xxxxx Hire Plant except as provided under clause 15 and shall protect the same against distress, execution or seizure seizure, free from legal process or lieu, fully protected and secure and shall indemnify the Owner indemnify, keep indemnified and hold Xxxxx Hire harmless against all losses, damage, costs, charges and expenses arising as a direct result of any failure to observe and perform this condition except in the event of Government requisition. (b) The Owner may terminate If the Contract forthwith by written notice to the Hirer if one or more of the following events occur: (i) The Hirer Customer: • defaults in punctual payment of any sum due to the Owner Xxxxx Hire for hire of the Xxxxx Hire Plant or other charges payable pursuant to these conditions; (ii) The Hirer charges; or • fails to observe and perform the terms and conditions of the this Contract; (iii) The Hirer suffers, ; or the Owner reasonably believes that the Hirer shall suffer, • suffers any distress or execution to be levied against him; (iv) The Hirer it or makes or proposes to make any arrangement with his its creditors or becomes insolvent within the meaning of Section 113 of the Housing Grants, Construction and Regeneration Xxx 0000 Act 1996 or any amendment or re-enactment thereof for the time being in force; or (v) The Hirer or • does or causes to be done or permit permits or suffer suffers any act or thing whereby the OwnerXxxxx Hire’s rights in the Xxxxx Hire Plant may be prejudiced or put into jeopardy; this Contract may be terminated immediately by notice from Xxxxx Hire to the Customer. (c) In the event of termination under sub-paragraph (bclause 20(b) above: (i) The Hirer must give , the Owner Contract shall thereupon be deemed terminated by reason of the Customer’s breach and it shall be lawful for Xxxxx Hire to promptly retake possession of the Xxxxx Hire Plant and for that purpose enter into or his agents, immediate unobstructed access upon the Customer Site and/or any premises where the same may be and the determination of the hiring under this clause 20 shall not affect the right of Xxxxx Hire to recover from the Plant. (ii) The Owner Customer any monies due to Xxxxx Hire under the Contract or any of Xxxxx Hire’s rights and remedies. In particular, without limitation, Xxxxx Hire shall be entitled to claim the hire charges outstanding as at the date of termination of the hire under this clause and clause, return transport charges under clause 31charges, and any damages for the Customer’s actual or deemed breach of the Contract. (d) The rights under sub-paragraph (b) and (c) above: (i) May be exercised notwithstanding that the Owner may have waived some previous default or matter of the same or a like nature. (ii) Shall not affect the Owner’s right to claim damages for breach of Contract or recover any sums due under the Contract as a debt. (e) If the Hirer does not make payment of a sum by the final date on which payment is due to be madeapplicable, the Owner has Customer shall not remove, deface or cover up Xxxxx Hire’s name plate, Xxxxx Hire Plant number or any other mark on the right to suspend performance of its obligations under the Contract. The right to suspend may not be exercised without first giving to the Hirer at least 7 days notice in writing of the Owner’s intention to suspend performance, stating the ground or grounds on which the Owner intends to suspend performance. The right to suspend performance will cease when the Hirer makes payment in full of the amount dueXxxxx Hire Plant indicating that it is Xxxxx Hire's property.

PROTECTION OF OWNER’S RIGHTS. (a) The Hirer shall not re-hire, sell, mortgage, charge, pledge, part with possession of or otherwise deal with the Plant except as provided under clause 15 and shall protect the same against distress, execution or seizure and shall indemnify the Owner against all losses, damage, costs, charges and expenses arising as a direct result of any failure to observe and perform this condition except in the event of Government requisition. (b) The Owner may terminate the Contract forthwith by written notice to the Hirer if one or more of the following events occur: (i) The Hirer defaults in punctual payment of any sum due to the Owner for hire of Plant or other charges payable pursuant to these conditions;. (ii) The Hirer fails to observe and perform the terms and conditions of the Contract;. (iii) The Hirer suffers, or the Owner reasonably believes that the Hirer shall suffer, any distress or execution to be levied against him;. (iv) The Hirer makes or proposes to make any arrangement with his creditors or becomes insolvent within the meaning of Section 113 of the Housing Grants, Construction and Regeneration Xxx 0000 or any amendment or re-re- enactment thereof for the time being in force; or (v) The Hirer does or causes to be done or permit or suffer any act or thing whereby the Owner’s rights in the Plant may be prejudiced or put into jeopardy. (c) In the event of termination under sub-paragraph (b) above: (i) The Hirer must give the Owner or his agents, immediate unobstructed access to recover the Plant. (ii) The Owner shall be entitled to claim the hire charges outstanding as at the date of termination of the hire under this clause and return transport charges under clause 31. (d) The rights under sub-paragraph (b) and (c) above: (i) May be exercised notwithstanding that the Owner may have waived some previous default or matter of the same or a like nature. (ii) Shall not affect the Owner’s right to claim damages for breach of Contract or recover any sums due under the Contract as a debt.Contract (e) If the Hirer does not make payment of a sum by the final date on which payment is due to be made, the Owner has the right to suspend performance of its obligations under the Contract. The right to suspend may not be exercised without first giving to the Hirer at least 7 days days’ notice in writing of the Owner’s intention to suspend performance, stating the ground or grounds on which the Owner intends to suspend performance. The right to suspend performance will cease when the Hirer makes payment in full of the amount due.suspend

PROTECTION OF OWNER’S RIGHTS. (a) The Hirer shall not re-hire, sell, mortgage, charge, pledge, part with possession of or otherwise deal with the Plant except as provided under clause 15 and shall protect the same against distress, execution or seizure and shall indemnify the Owner against all losses, damage, costs, charges and expenses arising as a direct result of any failure to observe and perform this condition except in the event of Government requisition. (b) The Owner may terminate the Contract forthwith by written notice to the Hirer if one or more of the following events occur: (i) The Hirer defaults in punctual payment of any sum due to the Owner for hire of Plant or other charges payable pursuant to these conditions; (ii) The Hirer fails to observe and perform the terms and conditions of the Contract; (iii) The Hirer suffers, or the Owner reasonably believes that the Hirer shall suffer, any distress or execution to be levied against him; (iv) The Hirer makes or proposes to make any arrangement with his creditors or becomes insolvent within the meaning of Section 113 of the Housing Grants, Construction and Regeneration Xxx 0000 Act 1996 or any amendment or re-enactment thereof for the time being in force; or (v) The Hirer does or causes to be done or permit or suffer any act or thing whereby the Owner’s rights in the Plant may be prejudiced or put into jeopardy. (c) In the event of termination under sub-paragraph (b) above: (i) The Hirer must give the Owner or his agents, immediate unobstructed access to recover the Plant. (ii) The Owner shall be entitled to claim the hire charges outstanding as at the date of termination of the hire under this clause and return transport charges under clause 31. (d) The rights under sub-paragraph (b) and (c) above: (i) May be exercised notwithstanding that the Owner may have waived some previous default or matter of the same or a like nature. . (ii) Shall not affect the Owner’s right to claim damages for breach of Contract or recover any sums due under the Contract as a debt. (e) If the Hirer does not make payment of a sum by the final date on which payment is due to be made, the Owner has the right to suspend performance of its obligations under the Contract. The right to suspend may not be exercised without first giving to the Hirer at least 7 days notice in writing of the Owner’s intention to suspend performance, stating the ground or grounds on which the Owner intends to suspend performance. The right to suspend performance will cease when the Hirer makes payment in full of the amount due.

PROTECTION OF OWNER’S RIGHTS. (a) The Hirer shall not re-hire, sell, mortgage, charge, pledge, part with possession of or otherwise deal with the Plant except as provided under clause 15 and shall protect the same against distress, execution or seizure and shall indemnify the Owner against all losses, damage, costs, charges and expenses arising as a direct result of any failure to observe and perform perfor m this condition except in the event of Government requisition. (b) The Owner may terminate the Contract forthwith by written notice to the Hirer if one or more of the following events occur: (i) The Hirer defaults in punctual payment of any sum due to the Owner for hire of Plant or other charges payable pursuant to these conditions; (ii) The Hirer fails to observe and perform the terms and conditions of the Contract; (iii) The Hirer suffers, or the Owner reasonably believes that the Hirer shall suffer, any distress or execution to be levied against him; (iv) The Hirer makes or proposes to make any arrangement with his creditors or becomes insolvent within the meaning of Section 113 of the Housing Grants, Construction and Regeneration Xxx 0000 Act 1996 or any amendment or re-enactment thereof for the time being in force; or (v) The Hirer does or causes to be done or permit or suffer any act or thing whereby the Owner’s rights in the Plant may be prejudiced or put into jeopardy. (c) In the event of termination under sub-paragraph (b) above: (i) The Hirer must give the Owner or his agents, immediate unobstructed access to recover the Plant. (ii) The Owner shall be entitled to claim the hire charges outstanding as at the date of termination of the hire under this clause and return transport charges under clause 31. (d) The rights under sub-paragraph (b) and (c) above: (i) May be exercised notwithstanding that the Owner may have waived some previous default or matter of the same or a like nature. . (ii) Shall not affect the Owner’s right to claim damages for breach of Contract or recover any sums due under the Contract as a debt.) (e) If the Hirer does not make payment of a sum by the final date on which payment is due to be made, the Owner has the right to suspend performance of its obligations under the Contract. The right to suspend may not be exercised without first giving to the Hirer at least 7 days notice in writing of the Owner’s intention to suspend performance, stating the ground or grounds on which the Owner intends to suspend performance. The right to suspend performance will cease when the Hirer makes payment in full of the amount due.

PROTECTION OF OWNER’S RIGHTS. (a) The Hirer shall not re-hire, sell, mortgage, charge, pledge, part with possession of or otherwise deal with the Plant except as provided under clause 15 and shall protect the same against distress, execution or seizure and shall indemnify the Owner against all losses, damage, costs, charges and expenses arising as a direct result of any failure to observe and perform this condition except in the event of Government requisition. (b) The Owner may terminate the Contract forthwith by written notice (with subsequent confirmation in writing of such termination) to the Hirer if one or more of the following events occur: (i) The Hirer defaults in punctual payment of any sum due to the Owner for hire of Plant or other charges payable pursuant to these conditions; (ii) The Hirer fails to observe and perform the terms and conditions of the Contract; (iii) The Hirer suffers, or the Owner reasonably believes that the Hirer shall suffer, any distress or execution to be levied against him; (iv) The Hirer makes or proposes to make any arrangement with his creditors or becomes insolvent within the meaning of Section 113 of the Housing Grants, Construction and Regeneration Xxx 0000 or any amendment or re-enactment thereof for the time being in force; or (v) The Hirer does or causes to be done or permit or suffer any act or thing whereby the Owner’s rights in the Plant may be prejudiced or put into jeopardy. (c) In the event of termination under sub-paragraph (b) above: (i) The Hirer must give the Owner or his agents, immediate unobstructed access to recover the Plant. (ii) The Owner shall be entitled to claim the hire charges outstanding as at the date of termination of the hire under this clause and return transport charges under clause 31. (d) The rights under sub-paragraph (b) and (c) above: (i) May be exercised notwithstanding that the Owner may have waived some previous default or matter of the same or a like nature. (ii) Shall not affect the Owner’s right to claim damages for breach of Contract or recover any sums due under the Contract as a debt. (e) If the Hirer does not make payment of a sum by the final date on which payment is due to be made, the Owner (if it hasn’t exercised its rights under (b) above) has the immediate right to suspend performance of its obligations under the Contract. The right to suspend may not be exercised without first giving to the Hirer at least 7 days notice in writing of the Owner’s intention to suspend performance, stating the ground or grounds on which the Owner intends to suspend performance. The right to suspend performance will cease when the Hirer makes payment in full of the amount due.