Common use of Remedies on Carrier Default Clause in Contracts

Remedies on Carrier Default. Upon the occurrence of a Carrier Default, Shipper may provide written notice to Carrier, describing the Carrier Default in reasonable detail and requiring Carrier to cure the Carrier Default (the “Carrier Default Notice”). If (a) a Carrier Default comprising Carrier’s failure to make any payment due hereunder has not been cured within ten (10) Business Days following receipt by Carrier of a Carrier Default Notice, or (b) a Carrier Default comprising Carrier’s failure to comply with any obligation under this Agreement or the Tariff, other than a payment obligation, has not been cured within thirty (30) Days after receipt by Carrier of a Carrier Default Notice, or, if such failure is not reasonably capable of being cured within a thirty (30) Day period, but Carrier expeditiously commences to cure the same following its receipt of a Carrier Default Notice and diligently proceeds with such cure, within such longer period of time as shall be reasonably necessary to cure such failure, but such longer period of time not to exceed sixty (60) Days, then in any such case, Shipper may not terminate this Agreement on account of such Carrier Default, but Shipper may, by written notice to Carrier, inform Carrier of its intention to suspend this Agreement if such Carrier Default is not cured within a further thirty (30) Day period, and if any such Carrier Default has not been cured within such further period of thirty (30) Days, Shipper may, by written notice to Carrier, suspend this Agreement, any such suspension to be effective upon receipt of such notice by Carrier, effective until the applicable Carrier Default is cured. The rights and remedies under this Section 6.4 shall be in addition to all of Shipper’s other rights and remedies under this Agreement (including, but not limited to, the rights and remedies described in Section 4.6) or the Tariff or which Shipper may otherwise have at law, in equity or by statute or regulation, and the exercise of one or more rights or remedies shall not prejudice or impair the concurrent or subsequent exercise by Shipper of other rights or remedies, provided that Shipper may not terminate this Agreement on account of a Carrier Default.

Remedies on Carrier Default. ‌ 9.04.1 Upon the occurrence of a Carrier Default, Shipper may provide written notice to Carrier, describing the Carrier Default in reasonable detail and requiring Carrier to cure the Carrier Default (the “"Carrier Default Notice”"). If. 9.04.2 If (a) a Carrier Default comprising Carrier’s failure to make any payment due hereunder has not been cured within ten (10) Business Days following receipt by Carrier of a Carrier Default Notice, or (b) a Carrier Default comprising Carrier’s failure to comply with any obligation under this Agreement or the TariffAgreement, other than a payment obligation, has not been cured within thirty (30) Days days after receipt by Carrier of a Carrier Default Notice, or, if such failure is not reasonably capable of being cured within a thirty (30) Day day period, but Carrier expeditiously commences to cure the same following its receipt of a Carrier Default Notice and diligently proceeds with such cure, within such longer period of time as shall be reasonably necessary to cure such failure, but such longer period of time not to exceed sixty (60) Days, then in any such case, Shipper may not terminate this Agreement on account of such Carrier Default, but Shipper may, by written notice to Carrier, inform Carrier of its intention to suspend terminate this Agreement if such Carrier Default is not cured within a further thirty ten (3010) Day day period, and if any such Carrier Default has not been cured within such further period of thirty (30) Days, Shipper may, by written notice to Carrier, suspend this Agreement, any such suspension to be effective upon receipt of such notice by Carrier, effective until the applicable Carrier Default is cured. The rights and remedies under this Section 6.4 shall be in addition to all of Shipper’s other rights and remedies under this Agreement (including, but not limited to, the rights and remedies described in Section 4.6) or the Tariff or which Shipper may otherwise have at law, in equity or by statute or regulation, and the exercise of one or more rights or remedies shall not prejudice or impair the concurrent or subsequent exercise by Shipper of other rights or remedies, provided that Shipper may not terminate this Agreement on account of a Carrier Default.ten

Remedies on Carrier Default. Upon becoming aware of the occurrence of a Carrier Default, Shipper may provide written notice to Carrier, describing the Carrier Default in reasonable detail and requiring Carrier to cure the Carrier Default (the “Carrier Default Notice”). If (a) a Carrier Default comprising Carrier’s failure to make any payment due hereunder has not been cured within ten (10) Business Days following receipt by Carrier of a Carrier Default Notice, or (b) a Carrier Default comprising Carrier’s failure to comply with any obligation under this Agreement or the Tariff, other than a payment obligation, has not been cured within thirty ninety (3090) Days after receipt by Carrier of a Carrier Default Notice, or, if such failure is not reasonably capable of being cured within a thirty ninety (3090) Day period, but Carrier expeditiously commences to cure the same following its receipt of a Carrier Default Notice and diligently proceeds with such cure, within such longer period of time as shall be reasonably necessary to cure such failure, but such longer period of time not to exceed sixty (60) Days, then in any such case, Shipper may not terminate this Agreement on account of such Carrier Default, but Shipper may, by written notice to Carrier, inform Carrier of its intention to suspend terminate this Agreement if such Carrier Default is not cured within a further thirty ninety (3090) Day period, and if any such Carrier Default has not been cured within such further period of thirty ninety (3090) Days, Shipper may, by written notice to Carrier, suspend terminate this Agreement, any such suspension termination to be effective upon receipt of such termination notice by Carrier, effective until the applicable Carrier Default is cured. The rights and remedies under this Section 6.4 8.4 shall be in addition to all of Shipper’s other rights and remedies under this Agreement (including, but not limited to, the rights and remedies described in Section 4.6) or the Tariff or which Shipper may otherwise have at law, in equity or by statute or regulation, and the exercise of one or more rights or remedies shall not prejudice or impair the concurrent or subsequent exercise by Shipper of other rights or remedies, provided that Shipper may not terminate this Agreement on account of a Carrier Default.

Remedies on Carrier Default. Upon the occurrence of a Carrier Default, Shipper may provide written notice to Carrier, describing the Carrier Default in reasonable detail and requiring Carrier to cure the Carrier Default (the “Carrier Default Notice”). If (a) a Carrier Default comprising Carrier’s failure to make any payment due hereunder has not been cured within ten (10) Business Days following receipt by Carrier of a Carrier Default Notice, or (b) a Carrier Default comprising Carrier’s failure to comply with any obligation under this Agreement or the Tariff, other than a payment obligation, has not been cured within thirty (30) Days after receipt by Carrier of a Carrier Default Notice, or, if such failure is not reasonably capable of being cured within a thirty (30) Day period, but Carrier expeditiously commences to cure the same following its receipt of a Carrier Default Notice and diligently proceeds with such cure, within such longer period of time as shall be reasonably necessary to cure such failure, but such longer period of time not to exceed sixty (60) Days, then in any such case, Shipper may not terminate this Agreement on account of such Carrier Default, but Shipper may, by written notice to Carrier, inform Carrier of its intention to suspend this Agreement if such Carrier Default is not cured within a further thirty (30) Day period, and if any such Carrier Default has not been cured within such further period of thirty (30) Days, Shipper may, by written notice to Carrier, suspend this Agreement, any such suspension to be effective upon receipt of such notice by Carrier, effective until the applicable Carrier Default is cured. The rights and remedies under this Section 6.4 shall be in addition to all of Shipper’s other rights and remedies under this Agreement (including, but not limited to, the rights and remedies described in Section 4.6) or the Tariff or which Shipper may otherwise have at law, in equity or by statute or regulation, and the exercise of one or more rights or remedies shall not prejudice or impair the concurrent or subsequent exercise by Shipper of other rights or remedies, provided that Shipper may not terminate this Agreement on account of a Carrier Default.

Remedies on Carrier Default. i. Upon the occurrence of a Carrier DefaultDefault by Carrier, Shipper may will provide written notice to Carrier, Carrier describing the Carrier Default in reasonable detail and requiring Carrier to cure the Carrier Default (the “Carrier Default Notice”). If (a) If a Default by Carrier Default comprising Carrier’s failure to make any payment due hereunder has not been cured within ten (10) Business Days -- unless such Default (other than a payment default) cannot reasonably be cured within then (10) Business Days in which case such period shall extend for so long as the defaulting Party is diligently working to cure such default -- following receipt by Carrier of a Carrier Default Notice, or (b) a then in addition to all Shipper’s right to enforce its rights and remedies provided for in this Agreement, the Tariff and under Applicable Law, Shipper may terminate this Agreement. In the event of such termination, Carrier Default comprising Carrier’s failure shall be liable to comply with any obligation Shipper for all of its accrued obligations under this Agreement up to and including the effective date of termination, and Shipper may pursue all its rights at law and equity to recover from Carrier the direct losses and damages sustained by Shipper as a result of or arising out of such termination. ii. If the Tariff, other than a payment obligation, has not been cured within thirty (30) Days after receipt by Carrier of a Carrier Default Notice, or, if such failure is not reasonably capable of being cured within continues for a thirty (30) Day period, but Carrier expeditiously commences to cure the same following its receipt of a Carrier Default Notice and diligently proceeds with such cure, within such longer period of time as more than ninety (90) days, Shipper shall be reasonably necessary to cure such failure, but such longer period of time not to exceed sixty (60) Days, then in any such case, Shipper may not terminate this Agreement on account of such Carrier Default, but Shipper mayentitled, by written notice in writing to CarrierCarrier (“Second Default Notice”), inform Carrier to do any one or more of its intention to suspend this Agreement if such Carrier Default is not cured within a further thirty the following: (30a) Day period, and if any such Carrier Default has not been cured within such further period of thirty (30) Days, Shipper may, by written notice to Carrier, suspend terminate this Agreement, any such suspension termination to be effective upon receipt of such notice the Second Default Notice by CarrierShipper, effective until the applicable in which event Carrier Default is cured. The rights and remedies under this Section 6.4 shall be in addition liable to Shipper for all of Shipper’s other rights and remedies its accrued obligations under this Agreement up to and including the effective date of termination, and Shipper may pursue all its rights at law and equity to recover from Carrier its direct losses and damages sustained by Shipper as a result of or arising out of such termination; and/or (includingb) draw on any guaranty, but not limited toletter of credit or other financial assurance provided by Carrier pursuant to Section XI. If Shipper terminates this Agreement pursuant to subpart (a) of this Section, Shipper shall be entitled to apply the rights proceeds of such financial assurance to Carrier’s unmet obligations under this Agreement, as well as Shipper’s direct and remedies described immediate losses referenced in Section 4.6X.C. that are legally determined to be owed by Carrier to Shipper. In all other circumstances in which Shipper calls on any financial assurance provided by Carrier pursuant to Section XI following a Carrier Default, Shipper shall be entitled to apply the proceeds of such financial assurance to cure such Carrier Default and to hold the remaining proceeds (if any) or as additional security for the payment and performance of Carrier’s future obligations under this Agreement and the Tariff or which Shipper may otherwise have at law, in equity or by statute or regulation, and the exercise of one or more rights or remedies shall not prejudice or impair the concurrent or subsequent exercise by Shipper of other rights or remedies, provided that Shipper may has not terminate terminated this Agreement on account and continues to require the services provided by Carrier pursuant to the terms of a Carrier Defaultthis Agreement.