Remedies for Customer Default. In the event of a Default by Customer under the Agreement, Provider may, at its option:
(i) suspend any applicable Services until such time as the Customer Default has been corrected (provided, however, that any suspension shall not relieve Customer’s on-going obligation to pay Provider all Fees and other amounts due under the Agreement as if such suspension of Services had not taken place); (ii) terminate the applicable Service(s) and/or the applicable Service Order(s); (iii) after the occurrence of any two Customer Defaults in any twelve (12) month period, terminate all Service Orders entered into with Customer; and/or (iv) pursue any other remedy available to Provider under the Agreement or applicable law. In the event of early termination for Customer Default pursuant to this Section 5.2, Customer shall pay to Provider the Termination Charge described in Section 6.3 below.
Remedies for Customer Default. Upon the occurrence of a Customer Default, in addition to any other remedies available to Provider at law or in equity, Provider may take one or more of the following actions:
(a) Provider may suspend the provision of further Services until Customer shall have (i) fully remedied the Customer Default and (ii) provided Provider with such further assurances as Provider may determine to ensure that Customer will thereafter promptly pay the Fees owed hereunder in accordance with the terms hereof;
(b) Where the Customer Default involves its unjustified failure to pay all or any part of the Fees, and such failure continues for more than ten (10) Business Days following the due date thereof, Provider shall have the right to terminate this Agreement by the delivery of 5 Days prior written notice to Customer; and Proceed by appropriate court action or actions either at law or in equity to enforce performance of the applicable covenants of this Agreement or to recover damages for the breach of this Agreement to the extent permitted under the provisions hereof.
Remedies for Customer Default. Upon the occurrence of any one or more Events of Customer Default, DirecPC, at its option, may (1) proceed by appropriate court action or actions either at law or in equity to enforce performance by Customer of the applicable terms of this Agreement, or to recover from Customer any and all damages or expenses, including reasonable attorneys fees, which DirecPC shall have sustained by reason of Customers default or on account of DirecPC' enforcement of its remedies hereunder, or (2) without written notice, declare immediately due and payable all monies to be paid during the term of this Agreement. Customer shall in any event remain fully liable for reasonable damages as provided by law and for all costs and expenses incurred by DirecPC on account of such default including all court costs and reasonable attorneys feet and DirecPC shall have the right to the extent permitted by law: (i) to recover all sums so due thereunder; (ii) to retake immediate possession of any System not previously purchased by Customer without any process of law and for such purpose DirecPC may enter upon premises where such System may be located and may remove the same therefrom without notice, and without being liable to Customer therefor, except that DirecPC shall be liable for damages resulting from the fault or negligence of DirecPC, DirecPC' Assignee or their respective agents and representatives in any such entry or repossession; (iii) to sell, rent or otherwise dispose of all or any portion of such non-Customer-purchased System, with the privilege of becoming the purchaser thereof, at public or private sale, for cash or on credit without notice of its intention to do so or of its doing so, in which event DirecPC shall apply the cash proceeds from any sale or other disposition, less all costs and expenses incurred in connection with the recovery, repair or storage of such System or the transaction itself, against all sums due from Customer and to the extent and in the manner permitted by law, Customer shall be liable to DirecPC for the amount by which the Proceeds of any such transaction, less the expenses of retaking, storing, repairing and the transaction itself, including reasonable attorney's fees incurred by DirecPC, is less than all sums due from Customer hereunder; and (iv) to pursue any other remedy permitted by law or equity.
Remedies for Customer Default. In the event of a Default by Customer under the Agreement, Provider may, at its option: (i) suspend any applicable Services until such time as the Customer Default has been corrected (provided, however, that any suspension shall not relieve Customer’s on-going obligation to pay Provider all Fees and other amounts due under the Agreement as if such suspension of Services had not taken place); (ii) terminate the applicable Service(s) and/or the applicable Service Order(s); (iii) after the occurrence of any two Customer Defaults in any twel ve ( 12) month period, terminate all Service Orders entered into with Customer; and/or (iv) pursue any other remedy available to Provider under the Agreement or applicable law. In the event of early termination for Customer Default pursuant to this Section 5.2, Customer shall pay to Provider the Termination Charge described in Section 6.3 below.
Remedies for Customer Default. Upon the occurrence of a Customer Default, in addition to any other remedies available to Contractor at Law or in equity, Contractor may take one or more of the following actions: (i) Contractor may suspend the provision of further Services until Customer shall have fully remedied the Customer Default to Contractor’s satisfaction and provided Contractor with such further assurances as Contractor may determine to ensure that Customer will thereafter promptly pay the Fees owed hereunder in accordance with the terms hereof; (ii) where the Contractor Default involves its failure to pay all or any part of the Fees, Contractor shall have the right to terminate this Agreement by the delivery of five Days prior written notice to Contractor; and (iii) proceed by appropriate court action or actions either at Law or in equity to recover all amounts then owed to Contractor and to recover damages for the breach of this Agreement to the extent permitted hereunder.
Remedies for Customer Default. Section 16.5 Remedies Not Exclusive
Remedies for Customer Default. In the event of a Default by Customer under this Agreement, Provider may, at its option:
(i) suspend any applicable Services until such time as the Customer Default has been corrected (provided, however, that any suspension shall not relieve Customer’s on-going obligation to pay Provider all Fees and other amounts due under the Agreement as if such suspension of Services had not taken place); (ii) terminate the applicable Service(s) and/or the applicable Service Order(s); (iii) after the occurrence of any two Customer Defaults in any twelve (12) month period, terminate this MSA and all Service Orders entered into pursuant to this MSA; and/or (iv) pursue any other remedy available to Provider under this Agreement or applicable law. If Provider terminates one or more Service Orders due to Customer Default, Customer shall pay a “Termination Charge” to Provider equal to the sum of the following: (a) all unpaid amounts for Services actually provided prior to the termination date for the Service Order at issue; and (b) a percentage of all remaining MRCs Customer was to pay Provider for the remainder of the applicable Service Term (the “Remaining Monthly Service Charges”). If a Termination Charge is incurred during the first year of the Service Term, the percentage of the Remaining Monthly Service Charges due shall be one hundred percent (100%). If a Termination Charge is incurred during the second or third year of the Service Term, the percentage of the Remaining Monthly Service Charges due shall be seventy-five percent (75%). If a Termination Charge is incurred during or after the fourth year of the Service Term, the percentage of the Remaining Monthly Service Charges due shall be fifty percent (50%). If incurred, the Termination Charge will be due and payable within thirty (30) days after the termination date of the Service at issue. Customer acknowledges that the calculation of the Termination Charge is a genuine estimate of Provider’s actual damages and is not a penalty.
