Common use of SUSPENSION, RESTRICTION AND TERMINATION Clause in Contracts

SUSPENSION, RESTRICTION AND TERMINATION. 16.1 Suspension or restriction by XXXX (a) Without limiting the generality of any other provision in this Participation Agreement (including XXXX'x termination rights in clause 16.2 below): (i) XXXX will suspend or restrict the Subscriber's use of the Services immediately by notice in writing if XXXX or the Subscriber receive a direction from the Registrar (or Land Registry) pursuant to the ECNL; and (ii) XXXX may, at its discretion, opt to suspend or restrict the Subscriber's use of the Services immediately by notice in writing if: (A) the Subscriber is in material breach of the Participation Agreement, the Participation Rules or any Laws relevant to the use of the Services, and such breach: (aa) cannot be remedied by the Subscriber; or (bb) if it can be remedied: (a) the Subscriber fails or refuses to do so within a period of not less than 20 Business Days of notification by XXXX, such notice specifying the nature of the breach and requiring the Subscriber to remedy the breach; and (b) the Subscriber has failed, within a reasonable period of time in all the circumstances, to agree an appropriate remediation strategy with XXXX to rectify the breach; (B) XXXX considers it reasonably necessary to do so to maintain the integrity and security of the ELN; (C) the Subscriber owes unpaid XXXX Fees which are overdue by over 30 calendar days, and/or unpaid Land Registry Fees which are overdue by more than 6 calendar days (in the case of restriction); or (D) the Subscriber owes unpaid XXXX Fees which are overdue by over 45 calendar days, and/or unpaid Land Registry Fees which are overdue by more than 20 calendar days (in the case of suspension); (iii) XXXX may, at its discretion, opt to suspend or restrict a User’s use of the Services if the User has not accessed the XXXX System for 100 days or more. (b) Where the Subscriber's use of the Services is restricted pursuant to sub-paragraphs (a)(i) or (a)(ii) above: (i) the Subscriber must either: (A) complete any Conveyancing Transactions that are Outstanding Conveyancing Transactions as at the time of the restriction; or (B) Unsign any documents or Settlement Schedules in respect of Conveyancing Transactions that are Outstanding Conveyancing Transactions as at the time of the restriction, and do anything else in connection with the ELN which they could reasonably be expected to do in order to comply with any terms of the restriction, and to minimise inconvenience to any other person; and (ii) the Subscriber's ability to Digitally Sign Electronic Workspace Documents will be suspended on such conditions as XXXX may advise the Subscriber in writing from time to time. (c) Where the Subscriber's use of the Services are suspended pursuant to sub- paragraphs (a)(i) or (a)(ii) above: (i) all Conveyancing Transactions that are Outstanding Conveyancing Transactions at the time of the suspension will not proceed; and (ii) the Subscriber's, a User’s or a Signer’s access to and use of the ELN will be suspended on such conditions as XXXX may advise the Subscriber from time to time. (d) XXXX will use its best endeavours to exercise its rights under this clause 16.1 before having recourse to its termination rights under clause 16.

Appears in 6 contracts

Samples: Participation Agreement, Participation Agreement, Participation Agreement

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SUSPENSION, RESTRICTION AND TERMINATION. 16.1 Suspension or restriction by XXXX (a) Without limiting the generality of any other provision in this Participation Agreement (including XXXX'x termination rights in clause 16.2 below): (i) XXXX will suspend or restrict the Subscriber's use of the Services immediately by notice in writing if XXXX or the Subscriber receive a direction from the Registrar (or Land Registry) pursuant to the ECNL; and (ii) XXXX may, at its discretion, opt to suspend or restrict the Subscriber's use of the Services immediately by notice in writing if: (A) the Subscriber is in material breach of the Participation Agreement, the Participation Rules or any Laws relevant to the use of the Services, and such breach: (aa) cannot be remedied by the Subscriber; or (bb) if it can be remedied: (a) the Subscriber fails or refuses to do so within a period of not less than 20 Business Days of notification by XXXX, such notice specifying the nature of the breach and requiring the Subscriber to remedy the breach; and (b) the Subscriber has failed, within a reasonable period of time in all the circumstances, to agree an appropriate remediation strategy with XXXX to rectify the breach; (B) XXXX considers it reasonably necessary to do so to maintain the integrity and security of the ELN; (C) the Subscriber owes unpaid XXXX Fees which are overdue by over 30 calendar days, and/or unpaid Land Registry Fees which are overdue by more than 6 calendar days (in the case of restriction); or (D) the Subscriber owes unpaid XXXX Fees which are overdue by over 45 calendar days, and/or unpaid Land Registry Fees which are overdue by more than 20 calendar days (in the case of suspension); (iii) XXXX may, at its discretion, opt to suspend or restrict a User’s use of the Services if the User has not accessed the XXXX System for 100 days or more. (b) Where the Subscriber's use of the Services is restricted pursuant to sub-paragraphs (a)(i) or (a)(ii) above: (i) the Subscriber must either: (A) complete any Conveyancing Transactions that are Outstanding Conveyancing Transactions as at the time of the restriction; or (B) Unsign any documents or Settlement Schedules in respect of Conveyancing Transactions that are Outstanding Conveyancing Transactions as at the time of the restriction, and do anything else in connection with the ELN which they could reasonably be expected to do in order to comply with any terms of the restriction, and to minimise inconvenience to any other person; and (ii) the Subscriber's ability to Digitally Sign Electronic Workspace Documents will be suspended on such conditions as XXXX may advise the Subscriber in writing from time to time. (c) Where the Subscriber's use of the Services are suspended pursuant to sub- paragraphs (a)(i) or (a)(ii) above: (i) all Conveyancing Transactions that are Outstanding Conveyancing Transactions at the time of the suspension will not proceed; and (ii) the Subscriber's, a User’s or a Signer’s access to and use of the ELN will be suspended on such conditions as XXXX may advise the Subscriber from time to time. (d) XXXX will use its best endeavours to exercise its rights under this clause 16.1 before having recourse to its termination rights under clause 16.

Appears in 6 contracts

Samples: Participation Agreement, Participation Agreement, Participation Agreement

SUSPENSION, RESTRICTION AND TERMINATION. 16.1 Suspension or restriction by XXXXPEXA (a) Without limiting the generality of any other provision in this Participation Agreement (including XXXX'x termination rights in clause 16.2 below): (i) XXXX PEXA will suspend or restrict the Subscriber's use of the Services immediately by notice in writing if XXXX or the Subscriber receive a direction from the Registrar (or Land Registry) pursuant to the ECNL; and (ii) XXXX may, at its discretion, opt to suspend or restrict the Subscriber's use of the Services immediately by notice in writing if: (A) the Subscriber is in material breach of the Participation Agreement, the Participation Rules or any Laws relevant to the use of the Services, and such breach: (aa) cannot be remedied by the Subscriber; or (bb) if it can be remedied: (a) the Subscriber fails or refuses to do so within a period of not less than 20 Business Days of notification by XXXXPEXA, such notice specifying the nature of the breach and requiring the Subscriber to remedy the breach; and (b) the Subscriber has failed, within a reasonable period of time in all the circumstances, to agree an appropriate remediation strategy with XXXX PEXA to rectify the breach; (B) XXXX PEXA considers it reasonably necessary to do so to maintain the integrity and security of the ELN; (C) the Subscriber owes unpaid XXXX Fees which are overdue by over 30 calendar days, and/or unpaid Land Registry Fees which are overdue by more than 6 calendar days (in the case of restriction); or (D) the Subscriber owes unpaid XXXX Fees which are overdue by over 45 calendar days, and/or unpaid Land Registry Fees which are overdue by more than 20 calendar days (in the case of suspension); (iii) XXXX may, at its discretion, opt to suspend or restrict a User’s use of the Services if the User has not accessed the XXXX System for 100 days or more. (b) Where the Subscriber's use of the Services is restricted pursuant to sub-paragraphs (a)(i) or (a)(ii) above: (i) the Subscriber must either: (A) complete any Conveyancing Transactions that are Outstanding Conveyancing Transactions as at the time of the restriction; or (B) Unsign any documents or Settlement Schedules in respect of Conveyancing Transactions that are Outstanding Conveyancing Transactions as at the time of the restriction, and do anything else in connection with the ELN which they could reasonably be expected to do in order to comply with any terms of the restriction, and to minimise inconvenience to any other person; and (ii) the Subscriber's ability to Digitally Sign Electronic Workspace Documents will be suspended on such conditions as XXXX may advise the Subscriber in writing from time to time. (c) Where the Subscriber's use of the Services are suspended pursuant to sub- paragraphs (a)(i) or (a)(ii) above: (i) all Conveyancing Transactions that are Outstanding Conveyancing Transactions at the time of the suspension will not proceed; and (ii) the Subscriber's, a User’s or a Signer’s access to and use of the ELN will be suspended on such conditions as XXXX may advise the Subscriber from time to time. (d) XXXX PEXA will use its best endeavours to exercise its rights under this clause 16.1 before having recourse to its termination rights under clause 16.

Appears in 2 contracts

Samples: Participation Agreement, Participation Agreement

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SUSPENSION, RESTRICTION AND TERMINATION. 16.1 Suspension or restriction by XXXXPEXA (a) Without limiting the generality of any other provision in this Participation Agreement (including XXXX'x termination rights in clause 16.2 below): (i) XXXX PEXA will suspend or restrict the Subscriber's use of the Services immediately by notice in writing if XXXX or the Subscriber receive a direction from the Registrar (or Land Registry) pursuant to the ECNL; and (ii) XXXX may, at its discretion, opt to suspend or restrict the Subscriber's use of the Services immediately by notice in writing if: (A) the Subscriber is in material breach of the Participation Agreement, the Participation Rules or any Laws relevant to the use of the Services, and such breach: (aa) cannot be remedied by the Subscriber; or (bb) if it can be remedied: (a) the Subscriber fails or refuses to do so within a period of not less than 20 Business Days of notification by XXXXPEXA, such notice specifying the nature of the breach and requiring the Subscriber to remedy the breach; and (b) the Subscriber has failed, within a reasonable period of time in all the circumstances, to agree an appropriate remediation strategy with XXXX PEXA to rectify the breach; (B) XXXX PEXA considers it reasonably necessary to do so to maintain the integrity and security of the ELN; (C) the Subscriber owes unpaid XXXX Fees which are overdue by over 30 calendar days, and/or unpaid Land Registry Fees which are overdue by more than 6 calendar days (in the case of restriction); or (D) the Subscriber owes unpaid XXXX Fees which are overdue by over 45 calendar days, and/or unpaid Land Registry Fees which are overdue by more than 20 calendar days (in the case of suspension); (iii) XXXX may, at its discretion, opt to suspend or restrict a User’s use of the Services if the User has not accessed the XXXX System for 100 days or more. (b) Where the Subscriber's use of the Services is restricted pursuant to sub-paragraphs (a)(i) or (a)(ii) above: (i) the Subscriber must either: (A) complete any Conveyancing Transactions that are Outstanding Conveyancing Transactions as at the time of the restriction; or (B) Unsign any documents or Settlement Schedules in respect of Conveyancing Transactions that are Outstanding Conveyancing Transactions as at the time of the restriction, and do anything else in connection with the ELN which they could reasonably be expected to do in order to comply with any terms of the restriction, and to minimise inconvenience to any other person; and (ii) the Subscriber's ability to Digitally Sign Electronic Workspace Documents will be suspended on such conditions as XXXX may advise the Subscriber in writing from time to time. (c) Where the Subscriber's use of the Services are suspended pursuant to sub- paragraphs (a)(i) or (a)(ii) above: (i) all Conveyancing Transactions that are Outstanding Conveyancing Transactions at the time of the suspension will not proceed; and (ii) the Subscriber's, a User’s or a Signer’s access to and use of the ELN will be suspended on such conditions as XXXX may advise the Subscriber from time to time. (d) XXXX PEXA will use its best endeavours to exercise its rights under this clause 16.1 before having recourse to its termination rights under clause 16.

Appears in 1 contract

Samples: Participation Agreement

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