Suspension and dissolution. U-CyTech shall be authorized to suspend the fulfillment of the obligations under the agreement, in the event that (a) Buyer does not fulfill or does not fully fulfill his obligations resulting from the agreement or in case of liquidation, bankruptcy, seizure or suspension of payment with respect to the Buyer; (b) after the agreement has been concluded, U-CyTech learns of circumstances giving good ground to fear that the Buyer will not fulfill his obligations. If good ground exists to fear that the Buyer will only partially or improperly fulfill his obligations, suspension shall only be allowed in so far the shortcoming justifies such action; (c) Buyer was asked to furnish security to guarantee the fulfillment of his obligations resulting from the agreement when the contract was concluded and that this security is not provided or insufficient. As soon as security is furnished, the authorization to suspend shall lapse, unless said fulfillment has been unreasonably delayed because of it. U-CyTech shall furthermore be authorized to have the agreement dissolved if circumstances arise of such a nature that fulfillment of the obligations becomes impossible or can no longer be demanded in accordance with the requirements of reasonableness and fairness, or if other circumstances arise of such a nature that the unaltered maintenance of the agreement can no longer be demanded in all reasonableness. If the agreement is dissolved, U-CyTech's claims against the Buyer shall be forthwith due and payable. If U-CyTech suspends fulfillment of his obligations, he shall retain his rights under the law and the agreement. U-CyTech shall always retain the right to claim damages.
Appears in 2 contracts
Samples: General Terms and Conditions, General Terms and Conditions
Suspension and dissolution. U-CyTech shall be authorized 12.1 The Seller reserves the right to suspend the fulfillment performance of its obligations or to dissolve the Agreement if: - The Buyer fails to fulfil all or part of its responsibilities under the Agreement, or fails to do so in good time; - After conclusion of the obligations under Agreement, the agreement, in the event that (a) Buyer does not fulfill or does not fully fulfill his obligations resulting from the agreement or in case of liquidation, bankruptcy, seizure or suspension of payment with respect to the Buyer; (b) after the agreement has been concluded, U-CyTech learns Seller becomes aware of circumstances giving good ground to fear that provide justified grounds for concern that the Buyer will not fulfill his obligationsfulfil all or part of its responsibilities under the Agreement or will fail to do so in good time. If good ground exists to fear there are justified grounds for concern that the Buyer will only partially fail to fully or improperly fulfill his adequately fulfil its obligations, suspension shall of the Agreement is only be allowed in so far permitted where the shortcoming justifies such action;
(c) ; - The Buyer was has been asked to furnish provide security to guarantee for the fulfillment fulfilment of his its obligations resulting from under the agreement when the contract was concluded Agreement and that this security is have not been provided or insufficientis inadequate. As soon as Once security is furnishedhas been provided, the authorization Seller's right to suspend the Agreement shall lapseend, unless said fulfillment the Buyer’s fulfilment of its obligations has been unreasonably delayed because as a result;
12.2 The Seller also reserves the right to suspend or order the suspension of it. U-CyTech shall furthermore be authorized to have the agreement dissolved Agreement if circumstances arise of such a nature that fulfillment would render the performance of the obligations becomes impossible Agreement impossible, or in which performance of the Agreement can no longer be demanded in accordance with the requirements of reasonableness and fairnessreasonably or fairly demanded, or if any other circumstances arise of such a nature that in which the unaltered maintenance performance of the agreement Agreement in its current form can no longer be demanded in all reasonablenessreasonably expected;
12.3 If the Agreement is dissolved, the Seller’s claims on the Buyer shall become due immediately. If the agreement is dissolved, U-CyTech's claims against Seller suspends the Buyer shall be forthwith due and payable. If U-CyTech suspends fulfillment fulfilment of his its obligations, he shall retain his its legal rights and rights under the law and the agreement. U-CyTech Agreement shall always retain be retained;
12.4 The Seller reserves the right to claim damagesdemand compensation for vdamage at any time.
Appears in 1 contract
Samples: General Terms and Conditions
Suspension and dissolution. U-CyTech 1. User shall be authorized authorised to suspend the fulfillment fulfilment of the obligations under the agreement, in the event that (a) Buyer that: - client does not fulfill fulfil or does not fully fulfill fulfil his obligations resulting from the agreement or in case of liquidation, bankruptcy, seizure or suspension of payment with respect to the Buyer; (b) - after the agreement has been concluded, U-CyTech user learns of circumstances giving good ground to fear that the Buyer client will not fulfill fulfil his obligations. If good ground exists to fear that the Buyer client will only partially or improperly fulfill fulfil his obligations, suspension shall only be allowed in so far the shortcoming justifies such action;
(c) Buyer . - client was asked to furnish security to guarantee the fulfillment fulfilment of his obligations resulting from the agreement when the contract was concluded and that this security is not provided or insufficient.
2. As soon as security is furnished, the authorization to suspend shall lapse, unless said fulfillment has been unreasonably delayed because of it. U-CyTech User shall furthermore be authorized authorised to dissolve the agreement (have the agreement dissolved dissolved) if circumstances arise of such a nature that fulfillment fulfilment of the obligations becomes impossible or can no longer be demanded in accordance with the requirements of reasonableness and fairness, or if other circumstances arise of such a nature that the unaltered maintenance of the agreement can no longer be demanded in all reasonableness.
3. The commission granted to user does not expire on the decease of the client, unless otherwise expressly agreed, in which case the agreement shall expire upon the date on which user has taken cognizance of the decease.
4. Where the client is a legal entity or a partnership, the decision to dissolve and also the loss of the legal entity will mean the commission will be seen as having ended at the moment upon which user is notified of the occurrence of one of the events. In such case, the provisions of article (11) apply.
5. If the agreement is dissolved, U-CyTechthe user's claims against the Buyer client shall be forthwith due and payable. If U-CyTech user suspends fulfillment fulfilment of his obligations, he shall retain his rights under the law and the agreement.
6. U-CyTech User shall always retain the right to claim damages.
Appears in 1 contract
Samples: General Terms and Conditions
Suspension and dissolution. U-CyTech 14.1. POLSPOTTEN shall be authorized authorised to suspend the fulfillment fulfilment of the obligations under the agreementAgreement or to dissolve the Agreement, in the event that (a) that: - Buyer does not fulfill fulfil or does not fully fulfill fulfil his obligations resulting from the agreement or in case of liquidation, bankruptcy, seizure or suspension of payment with respect to the BuyerAgreement; (b) after the agreement has been concluded, U-CyTech - XXXXXXXXXX learns of circumstances giving good ground to fear that the Buyer will not fulfill fulfil his obligations. If good ground exists to fear that the Buyer will only partially or improperly fulfill his obligations, suspension shall only be allowed in so far the shortcoming justifies such action;
(c) ; - Buyer was asked to furnish security to guarantee the fulfillment fulfilment of his obligations resulting from the agreement Agreement when the contract Agreement was concluded and that this security is not provided or insufficient. As soon as security is furnished, the authorization authorisation to suspend shall lapse, unless said fulfillment fulfilment has been unreasonably delayed because of it.
14.2. U-CyTech POLSPOTTEN shall furthermore be authorized authorised to dissolve the Agreement (have the agreement dissolved dissolved) with immediate effect if circumstances arise of such a nature that fulfillment fulfilment of the obligations becomes impossible or can no longer be demanded in accordance with the requirements of reasonableness and fairness, or if other circumstances arise of such a nature that the unaltered maintenance of the agreement Agreement can no longer be demanded in all reasonableness, or if the Buyer remains unwilling to remedy its default of the Agreement after being requested thereto by POLSPOTTEN. In the even the of a severe default of Buyer, POLSPOTTEN shall be entitled to immediate termination without written notice.
14.3. If the agreement Agreement is dissolved, U-CyTechPOLSPOTTEN's claims against the Buyer shall be forthwith due and payable. If U-CyTech POLSPOTTEN suspends fulfillment fulfilment of his obligations, he shall retain his rights under the law and the agreementAgreement.
14.4. U-CyTech POLSPOTTEN shall always retain the right to claim damages.
14.5. POLSPOTTEN's claims against Buyer shall become due on demand in the event that Buyer is wound up, attached, declared bankrupt, or if a suspension of payment is granted.
Appears in 1 contract
Samples: Reseller Agreement