Should the Purchaser Sample Clauses

Should the Purchaser. 12.1.1 default in payment of any amount falling due in terms hereof, or fail to observe any of the terms, conditions, obligations, and provisions of this Agreement hereto, and fail to remedy such breach within 21 (twenty-one) days of delivery of a notice of such breach (or within such other period of time as may be provided for elsewhere in this Agreement); 12.1.2 then the Company shall, without prejudice to any other rights which might be available to it, be entitled to either; 12.1.2.1 cancel this Agreement by giving the Purchaser notice thereof; and 12.1.2.2 claim and recover from the Purchaser all legal charges which are actually incurred by the Company (including costs on an attorney and own client scale) pursuant to the Company exercising its rights in terms of this clause; and 12.1.2.3 claim damages from the Purchaser arising from such breach and retain any money paid until the damages have been determined and then to set off such money in part payment of the damages; and/or
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Should the Purchaser. 11.1.1 commit an Act of Insolvency before payment of the purchase price; or 11.1.2 fail to fulfil on due date any of the terms of this agreement; 11.1.3 fail to make any payment in terms hereof on due date: the Seller or his agent shall be entitled, (except for 11.1.1), after having given the Purchaser 7 (Seven) days' written notice to remedy such breach and the Purchaser having failed to remedy such breach within such time, to either: 11.2.1 cancel this agreement without further notice to the Purchaser, in which event the Seller shall be entitled to retake possession of the Immovable Property and to retain all monies already paid to the Seller or his agent, in terms hereof (inclusive of the deposit in 3.1.1), as pre-estimated damages without prejudice to the Seller's other legal rights and remedies and the right to claim damages, and the Attorneys or any agents of the Seller are hereby authorised to make payment immediately to the Seller of any monies so retained paid by the Purchaser; OR 11.2.2 to claim immediate payment of the whole of the purchase price and the fulfilment of all the terms and conditions hereof;
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Should the Purchaser. (a) breach any of the terms and conditions of the Offer Letter and Quotation, or of this Contract including any annexures hereto; or (b) compromise or attempt to compromise with any of the Purchaser's creditors; or (c) be sequestrated or voluntarily surrender the Purchaser’s estate, then the Purchaser will be in default of the Purchaser’s obligations under this Contract and all amounts owing under this Contract shall, after thirty (30) days of delivery of the notice referred to in clause 36.2 and without any further action by either party, forthwith be due, owing and payable.
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Should the Purchaser. 15.1.1 default in payment of any amount falling due in terms hereof, or fail to 15.1.2 then the Company shall, without prejudice to any other rights which might be available to it, be entitled to either; 15.1.2.1 cancel this Agreement by giving the Purchaser notice thereof; and 15.1.2.2 claim and recover from the Purchaser all legal charges which are actually incurred by the Company (including costs on an attorney and own client scale) pursuant to the Company exercising its rights in terms of this clause; and 15.1.2.3 claim damages from the Purchaser arising from such breach and retain any money paid until the damages have been determined and then to set off such money in part payment of the damages; and/or
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Should the Purchaser. (a) fail to make due payment of the Purchase Price or any other sum payable by it under the Contract; (b) commit a breach of the Terms; (c) being a natural person, commit an act of bankruptcy; or (d) being a corporation, by act or omission enable the appointment of an administrator, scheme manager, trustee, official manager, receiver, receiver and manager, liquidator or any other person authorised to enter into possession or assume control of any property of the Purchaser pursuant to a mortgage or other security, the Company may, without prejudice to any of its other accrued or contingent rights. (e) Withdraw any credit facilities which may have been extended to the Purchaser and require immediate payment of all monies owing or accrued thereunder. (f) Withhold any further deliveries of Goods or performance of Installation Services required under the Contract. (g) Demand the return of the Goods to the Company and, if the Purchaser does not comply with that demand within 48 hours of receiving it: (i) the Company is entitled to take the action specified in clauses 8.1(g) and 8.1(h); and (ii) the Purchaser is liable for all costs associated with the exercise by the Company of its rights under this clause 12.4, which are repayable on demand. (h) Suspend and/or terminate performance of any other contracts which the Company has with the Purchaser without incurring any liability for doing so. (i) Charge the Purchaser for, and the Purchaser must indemnify the Company from, all costs and expenses (including without limitation all legal costs and expenses) incurred by it resulting from the default or in taking action to enforce compliance with the Contract or to recover any Goods.
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Should the Purchaser. 6.3.1 fail to pay any amount due in terms of this agreement or sign any document which the Purchaser is required to sign in terms of this agreement; or 6.3.2 commit any other breach of the provisions of this agreement; and fail to remedy such failure and/or breach within 7 days after receipt of a written request from the Seller’s attorneys to do so, sent by registered post to the Purchaser's Domicilium set out in clause 30.1, then the interest payable by the Purchaser in terms of clause 6.2.2 above shall be the rate of 4% above the prime rate for as long as such failure and/or breach continues.
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Should the Purchaser. 11.1.1. fail to make any payments on due date of any amount due and owning, or 11.1.2. commit any other breach of the terms of any Contract and remain in default of such breach after receipt of fourteen days (14) written notice from the Company to the Purchaser calling on the Purchaser to remedy such breach; or 11.1.3. being an individual, die or is his/her estate provisionally or finally sequestrated or surrendered, or being in partnership be terminated, or being a company be placed under provisional or final order of liquidation, or 11.1.4. compromise or attempt to compromise generally with the Purchasers creditors or have any judgment granted against him/her/it then:
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Related to Should the Purchaser

  • The Purchaser is not an employee benefit or other plan subject to the prohibited transaction provisions of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), or Section 4975 of the Internal Revenue Code of 1986, as amended (a "Plan"), or any other person (including an investment manager, a named fiduciary or a trustee of any Plan) acting, directly or indirectly, on behalf of or purchasing any Certificate with "plan assets" of any Plan within the meaning of the Department of Labor ("DOL") regulation at 29 C.F.R. ss.2510.3-101; or

  • Purchaser The RPA Seller shall indemnify and hold harmless the Purchaser from and against any loss, liability, expense or damage suffered or sustained by reason of any acts, omissions or alleged acts or omissions arising out of activities of the RPA Seller pursuant to this Agreement or as a result of the transactions contemplated hereby, including, but not limited to, any judgment, award, settlement, reasonable attorneys’ fees and other costs or expenses incurred in connection with the defense of any actual or threatened action, proceeding or claim; provided, however, that the RPA Seller shall not indemnify the Purchaser if such acts, omissions or alleged acts or omissions constitute negligence or willful misconduct by the Purchaser.

  • Buyer (Buyer) will take title 16 to the Property described below as Joint Tenants Tenants In Common Other .

  • Seller For each Mortgage Loan, the seller of such Mortgage Loan pursuant to the Mortgage Loan Purchase Agreement.

  • The Seller Subsection 14.01 Additional Indemnification by the Seller; Third Party Claims........................................... Subsection 14.02 Merger or Consolidation of the Seller..................

  • SELLERS 20 The member states initially anticipate that they will provide a monetary allowance to sellers 21 under Model 2 based on the following:

  • THE COMPANY AND THE MASTER SERVICER Section 6.01. Respective Liabilities of the Company and the Master Servicer. The Company and the Master Servicer shall each be liable in accordance herewith only to the extent of the obligations specifically and respectively imposed upon and undertaken by the Company and the Master Servicer herein. By way of illustration and not limitation, the Company is not liable for the servicing and administration of the Mortgage Loans, nor is it obligated by Section 7.01 or Section 10.01 to assume any obligations of the Master Servicer or to appoint a designee to assume such obligations, nor is it liable for any other obligation hereunder that it may, but is not obligated to, assume unless it elects to assume such obligation in accordance herewith. Section 6.02. Merger or Consolidation of the Company or the Master Servicer; Assignment of Rights and

  • PURCHASERS a. Contractor acknowledges that use of the Contract by any city, county, state agency, state school district, state higher education institution, public utility district, Medicaid provider, or organization that has a Master Contract Usage Agreement (MCUA) is discretionary. b. Services described herein will be requested by Purchaser as needed, based on program/policy requirements and Consumer communication needs and preferences. c. The Contractor acknowledges that payment for any services provided under this Contract is the sole responsibility of the Purchaser.

  • Indemnification of the Company and the Selling Stockholders The Underwriter agrees to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities that arise out of, or are based upon, any untrue statement or omission or alleged untrue statement or omission made in reliance upon and in conformity with any information relating to the Underwriter furnished to the Company in writing by the Underwriter expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus or any Pricing Disclosure Package, it being understood and agreed upon that the only such information furnished by the Underwriter consists of the following information in the Prospectus furnished on behalf of the Underwriter: the concession figure appearing in the sixth paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information”).

  • THE SELLER AND THE MASTER SERVICER Section 6.01 Liability of the Seller and the Master Servicer............... Section 6.02 Merger or Consolidation of the Seller or the Master Servicer..................................................

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