Termination and Suspension. 4.1 The Supplier may refuse to supply, or may discontinue the supply of, Gas to the Customer in the circumstances provided under the Act. 4.2 If the Customer has not, after the expiry of 28 days from the making of a written demand by the Supplier for the payment thereof, paid the charges due from the Customer in respect of the supply of Gas, the Supplier may, after the expiry of not less than 7 days’ notice of its intention: (a) stop the Gas from entering the property either by cutting of the service pipe or by other means the Supplier thinks fit and (b) recover the cost incurred in doing so from the Customer. 4.3 Where the supply of Gas to the Property has been cut off by the Supplier, no person shall, without the Supplier’s consent or except pursuant to any directions given by the Minister for Transport and Technical Services, restore the supply. 4.4 The Supplier may, after having supplied Gas to the Property where the Customer has not given a Deposit, or has given a Deposit which has become invalid or insufficient, by notice in writing require the Customer within a week from the service of the notice to give the Supplier a Deposit for the payment of all sums which may from time to time become due in respect of the supply of Gas, and if the Customer fails to comply with the terms of the notice, the Supplier may discontinue the supply of Gas to the Property for so long as the failure continues. 4.5 The Customer may, where no amounts are owing to the Supplier, terminate the Contract on giving not less than 5 Business Days’ written notice to the Supplier. 4.6 If the Customer vacates the Property without giving at least 24 hours’ notice in writing to the Supplier the Customer shall be liable to pay the Supplier all charges in respect of the supply of Gas to the Property accruing due up to whichever of the following first occurs: (a) the next usual day on which the register of the Meter fails to be ascertained at the Property and (b) the day from which any subsequent occupier of the property requires the Supplier to supply gas to the Property. 4.7 On termination of the Contract for any reason the Supplier shall raise an invoice in respect of all charges for Gas used which has not been invoiced, any Standing Charges which have not yet been invoiced and additional charges payable. 4.8 On termination of the Contract for any reason the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices (including any invoice(s) raised in accordance with clause 4.7) and interest. 4.9 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay the balance (if any) of the Deposit held by it together with any interest (at such rate as may from time to time be fixed by the Supplier) to the Customer within 60 days of termination. 4.10 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay any credit held by it in connection with the Customer’s account with the Supplier to the Customer within 60 days of termination. 4.11 Where more than one person signs the Domestic Customer Agreement, the Supplier may pay any amounts owing to the Customer to any signatory without incurring liability to any other signatory. If the Supplier pays any amounts owing to the Customer into the bank account the details of which are notified to the Supplier by the Customer, such payment shall be an effective discharge of the Supplier’s payment obligations. 4.12 The Customer agrees that if, upon the expiry of the period of 12 months following the termination of the Contract, the Supplier is holding any money on behalf of the Customer due to the fact that a cheque which the Supplier sent to the Customer at the contact address notified to the Supplier by the Customer has been returned or cancelled by the bank or a BACS payment made to the bank account nominated by the Customer has been returned, the Supplier shall be released from its obligations to hold that money for the Customer and to pay that money to the Customer and shall become the legal and beneficial owner of that money. 4.13 Termination of the Contract, however arising, shall not affect any of the rights, remedies, obligations and/ or liabilities that have accrued to the Supplier and/ or the Customer prior to termination or which arise from termination. 4.14 If the Customer vacates the Property without paying all amounts due by way of charges in respect of the supply of Gas, the Supplier may refuse to supply Gas to the Customer until the Customer pays the amounts due. 4.15 Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
Appears in 3 contracts
Samples: Domestic Customer Agreement, Domestic Customer Agreement, Domestic Customer Agreement
Termination and Suspension. 4.1 (a) The Supplier Owner may refuse to supply, or may discontinue terminate the supply of, Gas Contract forthwith by written notice to the Customer in the circumstances provided under the Act.
4.2 If the Customer has not, after the expiry of 28 days from the making of a written demand by the Supplier for the payment thereof, paid the charges due from the Customer in respect Hirer if one or more of the supply of Gas, the Supplier may, after the expiry of not less than 7 days’ notice of its intentionfollowing events occur:
(i) The Hirer defaults in punctual payment of any sum due to the Owner for hire of Plant or other charges payable pursuant to these conditions and fails to remedy such default within 10 working days or such other period as might be considered reasonable under the circumstances upon receiving written notice requiring it to do so;
(ii) The Hirer fails to observe and perform the terms and conditions of the Contract and fails to remedy such default within 10 working days of receiving written notice requiring it to do so;
(iii) The Hirer suffers, or the Owner reasonably believes that the Hirer shall suffer, any distress or execution to be levied against them;
(iv) The Hirer makes or proposes to make any arrangement with their creditors or becomes insolvent within the meaning of Section 113 of the Housing Grants, Construction and Regeneration Xxx 0000 or any amendment or re-enactment thereof for the time being in force; or
(v) The Hirer does or causes to be done or permit or suffer any act or thing whereby the Owner’s rights in the Plant may be prejudiced or put into jeopardy.
(b) In the event of termination under sub-paragraph (a) stop above:
(i) The Hirer must give the Gas from entering Owner or the property either by cutting Owner’s agents, immediate unobstructed access to recover the Plant.
(ii) The Owner shall be entitled to claim the hire charges outstanding as at the date of termination of the service pipe or by other means the Supplier thinks fit hire under this clause and return transport charges under clause 31.
(c) The rights under sub-paragraph (a) and (b) recover above:
(i) May be exercised notwithstanding that the cost incurred in doing so from Owner may have waived some previous default or matter of the Customersame or a like nature.
4.3 Where (ii) Shall not affect the supply Owner’s right to claim damages for breach of Gas Contract or recover any sums due under the Contract as a debt.
(d) If the Hirer does not make payment of a sum by the final date on which payment is due to be made, the Owner has the right to suspend performance of its obligations under the Contract. The right to suspend may not be exercised without first giving to the Property has been cut off by the Supplier, no person shall, without the Supplier’s consent or except pursuant to any directions given by the Minister for Transport and Technical Services, restore the supply.
4.4 The Supplier may, after having supplied Gas to the Property where the Customer has not given a Deposit, or has given a Deposit which has become invalid or insufficient, by notice in writing require the Customer within a week from the service of the notice to give the Supplier a Deposit for the payment of all sums which may from time to time become due in respect of the supply of Gas, and if the Customer fails to comply with the terms of the notice, the Supplier may discontinue the supply of Gas to the Property for so long as the failure continues.
4.5 The Customer may, where no amounts are owing to the Supplier, terminate the Contract on giving not less than 5 Business Days’ written notice to the Supplier.
4.6 If the Customer vacates the Property without giving Hirer at least 24 hours7 working days’ notice in writing to the Supplier the Customer shall be liable to pay the Supplier all charges in respect of the supply of Gas Owner’s intention to suspend performance, stating the Property accruing due up to whichever of the following first occurs: (a) the next usual day ground or grounds on which the register Owner intends to suspend performance. The right to suspend performance will cease when the Hirer makes payment in full of the Meter fails to be ascertained at the Property and (b) the day from which any subsequent occupier of the property requires the Supplier to supply gas to the Property.
4.7 On termination of the Contract for any reason the Supplier shall raise an invoice in respect of all charges for Gas used which has not been invoiced, any Standing Charges which have not yet been invoiced and additional charges payable.
4.8 On termination of the Contract for any reason the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices (including any invoice(s) raised in accordance with clause 4.7) and interest.
4.9 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay the balance (if any) of the Deposit held by it together with any interest (at such rate as may from time to time be fixed by the Supplier) to the Customer within 60 days of termination.
4.10 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay any credit held by it in connection with the Customer’s account with the Supplier to the Customer within 60 days of termination.
4.11 Where more than one person signs the Domestic Customer Agreement, the Supplier may pay any amounts owing to the Customer to any signatory without incurring liability to any other signatory. If the Supplier pays any amounts owing to the Customer into the bank account the details of which are notified to the Supplier by the Customer, such payment shall be an effective discharge of the Supplier’s payment obligations.
4.12 The Customer agrees that if, upon the expiry of the period of 12 months following the termination of the Contract, the Supplier is holding any money on behalf of the Customer due to the fact that a cheque which the Supplier sent to the Customer at the contact address notified to the Supplier by the Customer has been returned or cancelled by the bank or a BACS payment made to the bank account nominated by the Customer has been returned, the Supplier shall be released from its obligations to hold that money for the Customer and to pay that money to the Customer and shall become the legal and beneficial owner of that money.
4.13 Termination of the Contract, however arising, shall not affect any of the rights, remedies, obligations and/ or liabilities that have accrued to the Supplier and/ or the Customer prior to termination or which arise from termination.
4.14 If the Customer vacates the Property without paying all amounts due by way of charges in respect of the supply of Gas, the Supplier may refuse to supply Gas to the Customer until the Customer pays the amounts amount due.
4.15 Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
Appears in 3 contracts
Samples: Plant Hire Agreement, Plant Hire Agreement, Plant Hire Agreement
Termination and Suspension. 4.1 The Supplier 11.1 Subject to Clause 11.2, this Agreement and the Customer’s receipt and/or Licence to use the Data may refuse be terminated:
11.1.1 at will, by either Party giving the other Party at least 60 days’ written notice that it wishes to supplyterminate this Agreement at any time;
11.1.2 immediately by either Party on written notice if the other Party is in material breach of this Agreement (including repeated breaches which in aggregate constitute a material breach) and (where the matter is capable of remedy) has failed to remedy such default or breach within thirty days after the date on which notice requiring such remedy is served on the defaulting Party;
11.1.3 immediately by either Party on written notice if the other Party is adjudged insolvent or bankrupt, or may discontinue upon the supply ofinstitution of any proceedings by it seeking relief, Gas reorganization, arrangement or equivalent under any laws relating to insolvency or if an involuntary petition in bankruptcy or insolvency or a receiver, manager, administrator or like person is appointed and such petition or appointment is not discharged within thirty days of being made, or upon any assignment for the benefit of a Party’s creditors; or
11.1.4 immediately by Aquis on written notice to the Customer in at any time where required to do so by a regulatory authority or when discontinuing to provide the circumstances provided under the Act.Services and/or Data to all Customers;
4.2 If the Customer has not, after the expiry of 28 days from the making of a written demand 11.1.5 by the Supplier for the payment thereofCustomer, paid the charges due from the Customer in respect of the supply of Gas, the Supplier may, after the expiry of not less than 7 days’ notice of its intentionif at any time:
(a) stop immediately if Aquis’ authorisation to operate the Gas from entering the property either by cutting of the service pipe Aquis MTF or by any other means the Supplier thinks fit and market for which it distributes Data is terminated.
(b) recover Aquis makes a material change to this Agreement and/or the cost incurred Services and/or Data in doing so accordance with Clause 13.2.2, by the provision of at least thirty (30) days’ written notice (unless such notice is not possible in which case as much notice as is reasonably possible) to Aquis, such termination to take effect on the date on which such change would have become effective.
11.2 The expiry or termination of this Agreement in accordance with its terms for any reason shall not give either Party the right to claim any compensation, indemnity or reimbursement whatsoever from the other by reason of such termination, but termination shall be without prejudice to any rights or remedies available to, or any obligations or liabilities accrued to, either Party at the effective date of termination.
11.3 Aquis may exercise its termination rights under this Agreement in whole or in part in respect of any particular part of the Data from time to time.
11.4 The Customer must inform Aquis as soon as reasonably practicable of any Change of Controller. Aquis shall be entitled to terminate this Agreement immediately by the provision of written notice following a Change of Controller by the Customer.
4.3 Where the supply of Gas to the Property has been cut off by the Supplier, no person shall, without the Supplier’s consent or except pursuant to any directions given by the Minister for Transport and Technical Services, restore the supply.
4.4 The Supplier may, after having supplied Gas to the Property where the Customer has not given a Deposit, or has given a Deposit which has become invalid or insufficient, by notice in writing require the Customer within a week from the service of the notice to give the Supplier a Deposit for the payment of all sums which 11.5 Aquis may from time to time become due either temporarily or permanently restrict, suspend, prevent access to or cease to provide the Data and/or Services, if in respect of the supply of Gas, and if the Customer fails to comply with the terms of the notice, the Supplier may discontinue the supply of Gas to the Property for so long as the failure continues.
4.5 The Customer may, where no amounts are owing to the Supplier, terminate the Contract on giving not less than 5 Business DaysAquis’ written notice to the Supplier.
4.6 If the Customer vacates the Property without giving at least 24 hours’ notice in writing to the Supplier the Customer shall be liable to pay the Supplier all charges in respect of the supply of Gas to the Property accruing due up to whichever of the following first occursreasonable opinion: (a) the next usual day on which the register Customer is or is likely to be in breach of the Meter fails to be ascertained at the Property and (b) the day from which any subsequent occupier of the property requires the Supplier to supply gas to the Property.
4.7 On termination of the Contract for any reason the Supplier shall raise an invoice in respect of all charges for Gas used which has not been invoiced, any Standing Charges which have not yet been invoiced and additional charges payable.
4.8 On termination of the Contract for any reason the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices (including any invoice(s) raised in accordance with clause 4.7) and interest.
4.9 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay the balance (if any) of the Deposit held by it together with any interest (at such rate as may from time to time be fixed by the Supplier) to the Customer within 60 days of termination.
4.10 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay any credit held by it in connection with the Customer’s account with the Supplier to the Customer within 60 days of termination.
4.11 Where more than one person signs the Domestic Customer Agreement, the Supplier may pay any amounts owing to the Customer to any signatory without incurring liability to any other signatory. If the Supplier pays any amounts owing to the Customer into the bank account the details of which are notified to the Supplier by the Customer, such payment shall be an effective discharge of the Supplier’s payment obligations.
4.12 The Customer agrees that if, upon the expiry of the period of 12 months following the termination of the Contract, the Supplier is holding any money on behalf of the Customer due to the fact that a cheque which the Supplier sent to the Customer at the contact address notified to the Supplier by the Customer has been returned or cancelled by the bank or a BACS payment made to the bank account nominated by the Customer has been returned, the Supplier shall be released from its obligations to hold that money for the Customer and to pay that money to the Customer and shall become the legal and beneficial owner of that money.
4.13 Termination of the Contract, however arising, shall not affect any of the rights, remedies, obligations and/ or liabilities that have accrued to the Supplier and/ or the Customer prior to termination or which arise from termination.
4.14 If the Customer vacates the Property without paying all amounts due by way of charges in respect of the supply of Gas, the Supplier may refuse to supply Gas to the Customer until the Customer pays the amounts due.
4.15 Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.;
Appears in 3 contracts
Samples: Direct Data Licence, Direct Data Licence, Direct Data Licence
Termination and Suspension. 4.1 The Supplier 21.1 Without prejudice to any other rights MIDNIGHT BISTRO may refuse to supplyhave under this Agreement or at law, or MIDNIGHT BISTRO may discontinue the supply of, Gas to the Customer immediately terminate this Agreement by notice in the circumstances provided under the Act.
4.2 If the Customer has not, after the expiry of 28 days from the making of a written demand by the Supplier for the payment thereof, paid the charges due from the Customer in respect of the supply of Gas, the Supplier may, after the expiry of not less than 7 days’ notice of its intentionwriting if:
(a) stop the Gas from entering the property either by cutting you are in breach of the service pipe or by other means the Supplier thinks fit this Agreement and such breach is not remedied within thirty (30) days of MIDNIGHT BISTRO's written notice; or
(b) recover the cost incurred you shall pass a resolution for winding up or becomes, threatens or resolves to become or is in doing so from the Customerjeopardy of becoming subject to any form of insolvency administration or bankruptcy proceeding or if a receiving order is made against you or you make any arrangement or composition with your creditors.
4.3 Where 21.2 MIDNIGHT BISTRO shall be entitled to terminate your use of the supply of Gas Site for convenience by giving you at least thirty (30) days’ prior written notice and all orders made prior to the Property has been cut off date of such notice will be fulfilled unless otherwise agreed.
21.3 Upon termination of this Agreement and during any suspension, (a) all rights granted to you under this Agreement shall cease; (b) you must immediately cease all activities authorised by the Supplierthis Agreement; and (c) when requested, no person shall, without the Supplier’s consent you shall return to MIDNIGHT BISTRO or except pursuant destroy all Confidential Information.
21.4 Without prejudice to any directions given by other rights MIDNIGHT BISTRO may have under this Agreement or at law, MIDNIGHT BISTRO shall have the Minister for Transport and Technical Services, restore the supply.right to immediately (without notice):
4.4 The Supplier may, after having supplied Gas (a) suspend or cease your access to the Property where Site and/or Services;
(b) remove any Information submitted, uploaded or transmitted by you to or through the Customer has not given a Deposit, Site;
(c) suspend any or has given a Deposit which has become invalid or insufficient, by notice in writing require the Customer within a week from the service all of the notice to give the Supplier a Deposit for the activities and/or transactions in connection with your account; and/or
(d) withhold, retain or forfeit any payment of all sums which may from time to time become due in respect of the supply of Gasdue, and if the Customer fails to comply with the terms of the notice, the Supplier may discontinue the supply of Gas to the Property for so long as the failure continues.
4.5 The Customer may, where no amounts are owing to the Supplier, terminate the Contract on giving not less than 5 Business Days’ written notice to the Supplier.
4.6 If the Customer vacates the Property without giving at least 24 hours’ notice you; • • in writing to the Supplier the Customer shall be liable to pay the Supplier all charges in respect of the supply of Gas to the Property accruing due up to whichever any of the following first occurs: events:
(a) the next usual day on which the register MIDNIGHT BISTRO is of the Meter fails to be ascertained at opinion that your performance of any of the Property and Sale Contracts is not satisfactory in MIDNIGHT BISTRO’s sole discretion;
(b) the day from which any subsequent occupier MIDNIGHT BISTRO is of reasonable opinion that your use of the property requires the Supplier Site and/or Services will interfere or cause disturbances to supply gas to the Property.
4.7 On termination other user’s use or enjoyment of the Contract for any reason the Supplier shall raise an invoice Site or Services; or
(c) you are found to be in respect breach of all charges for Gas used which has not been invoiced, any Standing Charges which have not yet been invoiced and additional charges payable.
4.8 On termination of the Contract for any reason the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices (including any invoice(s) raised in accordance with clause 4.7) and interest.
4.9 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay the balance (if any) of the Deposit held by it together with any interest (at such rate as may from time to time be fixed by the Supplier) to the Customer within 60 days of termination.
4.10 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay any credit held by it in connection with the Customer’s account with the Supplier to the Customer within 60 days of termination.
4.11 Where more than one person signs the Domestic Customer Agreement, the Supplier may pay any amounts owing to the Customer to any signatory without incurring liability to any other signatory. If the Supplier pays any amounts owing to the Customer into the bank account the details of which are notified to the Supplier by the Customer, such payment shall be an effective discharge of the Supplier’s payment obligations.
4.12 The Customer agrees that if, upon the expiry of the period of 12 months following the termination of the Contract, the Supplier is holding any money on behalf of the Customer due to the fact that a cheque which the Supplier sent to the Customer at the contact address notified to the Supplier by the Customer has been returned or cancelled by the bank or a BACS payment made to the bank account nominated by the Customer has been returned, the Supplier shall be released from its obligations to hold that money for the Customer and to pay that money to the Customer and shall become the legal and beneficial owner of that money.
4.13 Termination of the Contract, however arising, shall not affect any of the rightsterms and conditions contained in this Agreement or MIDNIGHT BISTRO suspects, remedieson reasonable grounds, obligations and/ or liabilities that you may have accrued to the Supplier and/ or the Customer prior to termination or which arise from terminationcommitted any such breach.
4.14 If the Customer vacates the Property without paying all amounts due by way of charges in respect of the supply of Gas, the Supplier may refuse to supply Gas to the Customer until the Customer pays the amounts due.
4.15 Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
Appears in 2 contracts
Samples: Terms and Conditions, Terms and Conditions
Termination and Suspension. 4.1 The Supplier 11.1 Subject to Clause 11.2, this Agreement and the Distributor’s receipt and/or Licence to use the Data may refuse be terminated:
11.1.1 at will, by either Party giving the other Party at least ninety (90) days’ written notice that it wishes to supplyterminate this Agreement at any time;
11.1.2 immediately by either Party on written notice if the other Party is in material breach of this Agreement and, where the matter is capable of remedy, has failed to remedy such default or breach within thirty (30) days after the date on which written notice requiring such remedy is served on the defaulting Party;
11.1.3 immediately by either Party on written notice if the other Party is adjudged insolvent or bankrupt, or may discontinue upon the supply ofinstitution of any proceedings by it seeking relief, Gas reorganization, arrangement or equivalent under any laws relating to insolvency or if an involuntary petition in bankruptcy or insolvency or a receiver, manager, administrator or like person is appointed and such petition or appointment is not discharged within thirty days of being made, or upon any assignment for the benefit of a Party’s creditors;
11.1.4 immediately by Aquis on written notice to the Customer in Distributor at any time where required to do so by a regulatory authority or when discontinuing to provide the circumstances provided under the Act.Services and/or Data to all Customers and/or distributors;
4.2 If the Customer has not, after the expiry of 28 days from the making of a written demand 11.1.5 by the Supplier for the payment thereofDistributor, paid the charges due from the Customer in respect of the supply of Gas, the Supplier may, after the expiry of not less than 7 days’ notice of its intentionif at any time:
(a) stop Aquis’ authorisation to operate the Gas from entering the property either by cutting of the service pipe Aquis MTF or by any other means the Supplier thinks fit and market for which it or its Affiliates uses and/or distributes Data is terminated;
(b) recover Aquis makes a change to the cost incurred Services and/or Data and/or Technical Specifications and/or the Fee Schedule in doing so accordance with Clause 13.1 by the provision of at least thirty (30) days’ written notice (unless such notice is not possible in which case as much notice as is reasonably possible) to Aquis, such termination to take effect on the date on which such change would have become effective.
11.2 The expiry or termination of this Agreement for any reason shall not give either Party the right to claim any compensation, indemnity or reimbursement whatsoever from the Customerother by reason of such termination, but termination shall be without prejudice to any rights or remedies available to, or any obligations or liabilities accrued to, either Party at the effective date of termination.
11.3 Aquis may exercise its termination rights under this Agreement in whole or in part in respect of any particular part of the Data from time to time.
4.3 Where 11.4 The Distributor must inform Xxxxx as soon as reasonably practicable of any Change of Control of the supply of Gas to the Property has been cut off by the Supplier, no person shall, without the Supplier’s consent or except pursuant to any directions given by the Minister for Transport and Technical Services, restore the supplyDistributor.
4.4 The Supplier may, after having supplied Gas to the Property where the Customer has not given a Deposit, or has given a Deposit which has become invalid or insufficient, by notice in writing require the Customer within a week from the service of the notice to give the Supplier a Deposit for the payment of all sums which 11.5 Aquis may from time to time become due in respect of either temporarily or permanently restrict, suspend, prevent access to or cease to provide the supply of GasData and/or Services, and if the Customer fails to comply with the terms of the notice, the Supplier may discontinue the supply of Gas to the Property for so long as the failure continues.
4.5 The Customer may, where no amounts are owing to the Supplier, terminate the Contract on giving not less than 5 Business Days’ written notice to the Supplier.
4.6 If the Customer vacates the Property without giving at least 24 hours’ notice in writing to the Supplier the Customer shall be liable to pay the Supplier all charges in respect of the supply of Gas to the Property accruing due up to whichever of the following first occursif: (a) the next usual day Distributor is in breach of the Agreement and has failed to remedy such breach within thirty (30) days after the date on which the register of the Meter fails to be ascertained at the Property and written notice requiring such remedy is served on Distributor; (b) the day from which any subsequent occupier of the property requires the Supplier to supply gas to the Property.
4.7 On termination of the Contract for any reason the Supplier shall raise regulatory implications require such an invoice in respect of all charges for Gas used which has not been invoiced, any Standing Charges which have not yet been invoiced action; and additional charges payable.
4.8 On termination of the Contract for any reason the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices (including any invoice(sc) raised in accordance with clause 4.7) and interest.
4.9 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay the balance (if any) of the Deposit held by it together with any interest (at such rate as Aquis may from time to time be fixed by the Suppliertemporarily restrict, suspend or prevent access if system maintenance, stability or development work is required. With respect to (b) and/or (c) above, Aquis will provide reasonable prior notice of such an action unless it is not commercially practicable or permissible to the Customer within 60 days of terminationdo so.
4.10 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay any credit held by it in connection with the Customer’s account with the Supplier to the Customer within 60 days of termination.
4.11 Where more than one person signs the Domestic Customer Agreement, the Supplier may pay any amounts owing to the Customer to any signatory without incurring liability to any other signatory. If the Supplier pays any amounts owing to the Customer into the bank account the details of which are notified to the Supplier by the Customer, such payment shall be an effective discharge of the Supplier’s payment obligations.
4.12 The Customer agrees that if, upon the expiry of the period of 12 months following the termination of the Contract, the Supplier is holding any money on behalf of the Customer due to the fact that a cheque which the Supplier sent to the Customer at the contact address notified to the Supplier by the Customer has been returned or cancelled by the bank or a BACS payment made to the bank account nominated by the Customer has been returned, the Supplier shall be released from its obligations to hold that money for the Customer and to pay that money to the Customer and shall become the legal and beneficial owner of that money.
4.13 Termination of the Contract, however arising, shall not affect any of the rights, remedies, obligations and/ or liabilities that have accrued to the Supplier and/ or the Customer prior to termination or which arise from termination.
4.14 If the Customer vacates the Property without paying all amounts due by way of charges in respect of the supply of Gas, the Supplier may refuse to supply Gas to the Customer until the Customer pays the amounts due.
4.15 Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
Appears in 2 contracts
Samples: Data Distribution Licence, Data Distribution Licence
Termination and Suspension. 4.1 11.1 The Supplier Consultant may refuse to supply, or may discontinue the supply of, Gas to the Customer terminate its engagement only in the circumstances provided under the Act.
4.2 If the Customer has not, after the expiry of 28 days from the making event of a written demand material breach by the Supplier for Client of its obligations under this Agreement which is irremediable or, where remediable, which the payment thereof, paid the charges due from the Customer in respect of the supply of Gas, the Supplier may, after the expiry of Client shall have failed to remedy within a reasonable time (but not less than 7 21 days’ notice of its intention:
(a) stop the Gas from entering the property either by cutting of the service pipe or by other means the Supplier thinks fit and (b) recover the cost incurred in doing so from the Customer.
4.3 Where the supply of Gas to the Property has been cut off by the Supplier, no person shall, without the Supplier’s consent or except pursuant to any directions given by the Minister for Transport and Technical Services, restore the supply.
4.4 The Supplier may, after having supplied Gas to the Property where the Customer has not given a Deposit, or has given a Deposit which has become invalid or insufficient, by receiving notice in writing require the Customer within a week from the service of Consultant specifying the notice to give breach and requiring its remedy, in which case the Supplier a Deposit for the payment of all sums which may from time to time become due in respect of the supply of Gas, and if the Customer fails to comply with the terms of the notice, the Supplier may discontinue the supply of Gas to the Property for so long as the failure continues.
4.5 The Customer may, where no amounts are owing to the Supplier, terminate the Contract on giving not less than 5 Business Days’ Consultant shall be entitled forthwith by written notice to the SupplierClient to terminate its engagement.
4.6 If the Customer vacates the Property without giving at least 24 hours’ 11.2 The Client may forthwith by notice in writing to the Supplier Consultant suspend the Customer engagement of the Consultant. Unless otherwise agreed the Consultant’s engagement shall be liable deemed to have been terminated if the Client does not issue an instruction to the Consultant to resume work within one year after the issue of the instruction to suspend under this clause.
11.3 The Client may at any time by notice in writing terminate the Consultant’s engagement.
11.4 Upon any termination under clause 11.1 or 11.3 or suspension under clause 11.2 of the Consultant’s engagement the Consultant shall immediately take steps to cease the provision of the Services in an orderly manner with all reasonable speed and economy and upon request shall deliver to the Client copies of all drawings and other documents in its possession custody or control (whether in the course of preparation or completed) connected with the Project.
11.5 Upon any termination under clauses 11.1 or 11.3 or suspension under clause 11.2 of the Consultant’s engagement the Client shall pay to the Supplier Consultant such proportion of the Fee as is commensurate with the Services properly performed by the Consultant up to the date of termination or suspension having regard to all charges the circumstances surrounding the termination or suspension less the amount of any payment in respect of the supply Fee previously made. Upon resumption of Gas work after a suspension any payment under this clause 11.5 shall be on account of any payment subsequently due under clause 5.
11.6 Save as set out above, upon any termination or suspension of the Consultant’s engagement or termination of this Agreement howsoever arising the Client shall not be liable to the Property accruing due up to whichever Consultant for or in respect of the following first occurs: (a) the next usual day on which the register any loss of the Meter fails to be ascertained at the Property and (b) the day from which any subsequent occupier profit, loss of the property requires the Supplier to supply gas to the Propertycontracts or other claims, losses or expenses arising out of or in connection with such termination or suspension.
4.7 On 11.7 Subject to clause 11.6 any termination of the Contract for any reason Consultant’s engagement or of this Agreement shall not prejudice or affect the Supplier shall raise an invoice in respect of all charges for Gas used which has not been invoiced, any Standing Charges which have not yet been invoiced and additional charges payable.
4.8 On termination of the Contract for any reason the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices accrued rights (including any invoice(srights of set-off) raised in accordance with clause 4.7) or claims that either party may have and interest.
4.9 On termination the provisions of the Contract for any reasonclauses 1, 7, 8, 9, 10, 11, 13, 16, 17, 18, 19, 20, 21 and provided no amounts are owing 22 shall continue to the Supplier, the Supplier shall pay the balance (if any) of the Deposit held by it together with any interest (at such rate as may from time to time be fixed by the Supplier) to the Customer within 60 days of have effect notwithstanding termination.
4.10 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay any credit held by it in connection with the Customer’s account with the Supplier to the Customer within 60 days of termination.
4.11 Where more than one person signs the Domestic Customer Agreement, the Supplier may pay any amounts owing to the Customer to any signatory without incurring liability to any other signatory. If the Supplier pays any amounts owing to the Customer into the bank account the details of which are notified to the Supplier by the Customer, such payment shall be an effective discharge of the Supplier’s payment obligations.
4.12 The Customer agrees that if, upon the expiry of the period of 12 months following the termination of the Contract, the Supplier is holding any money on behalf of the Customer due to the fact that a cheque which the Supplier sent to the Customer at the contact address notified to the Supplier by the Customer has been returned or cancelled by the bank or a BACS payment made to the bank account nominated by the Customer has been returned, the Supplier shall be released from its obligations to hold that money for the Customer and to pay that money to the Customer and shall become the legal and beneficial owner of that money.
4.13 Termination of the Contract, however arising, shall not affect any of the rights, remedies, obligations and/ or liabilities that have accrued to the Supplier and/ or the Customer prior to termination or which arise from termination.
4.14 If the Customer vacates the Property without paying all amounts due by way of charges in respect of the supply of Gas, the Supplier may refuse to supply Gas to the Customer until the Customer pays the amounts due.
4.15 Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
Appears in 2 contracts
Samples: Lease Agreement (Gw Pharmaceuticals PLC), Agreement for Lease (Gw Pharmaceuticals PLC)
Termination and Suspension. 4.1 (a) The Supplier Owner may refuse to supply, or may discontinue terminate the supply of, Gas Contract forthwith by written notice to the Customer in the circumstances provided under the Act.
4.2 If the Customer has not, after the expiry of 28 days from the making of a written demand by the Supplier for the payment thereof, paid the charges due from the Customer in respect Hirer if one or more of the supply of Gas, the Supplier may, after the expiry of not less than 7 days’ notice of its intentionfollowing events occur:
(i) The Hirer defaults in punctual payment of any sum due to the Owner for hire of Plant or other charges payable pursuant to these conditions and fails to remedy such default within 10 working days or such other period as might be considered reasonable under the circumstances upon receiving written notice requiring it to do so;
(ii) The Hirer fails to observe and perform the terms and conditions of the Contract and fails to remedy such default within 10 working days of receiving written notice requiring it to do so;
(iii) The Hirer suffers, or the Owner reasonably believes that the Hirer shall suffer, any distress or execution to be levied against them;
(iv) The Hirer makes or proposes to make any arrangement with their creditors or becomes insolvent within the meaning of Section 113 of the Housing Grants, Construction and Regeneration Act 1996 or any amendment or re-enactment thereof for the time being in force; or
(v) The Hirer does or causes to be done or permit or suffer any act or thing whereby the Owner’s rights in the Plant may be prejudiced or put into jeopardy.
(b) In the event of termination under sub-paragraph (a) stop above:
(i) The Hirer must give the Gas from entering Owner or the property either by cutting Owner’s agents, immediate unobstructed access to recover the Plant.
(ii) The Owner shall be entitled to claim the hire charges outstanding as at the date of termination of the service pipe or by other means the Supplier thinks fit hire under this clause and return transport charges under clause 31.
(c) The rights under sub-paragraph (a) and (b) recover above:
(i) May be exercised notwithstanding that the cost incurred in doing so from Owner may have waived some previous default or matter of the Customersame or a like nature.
4.3 Where (ii) Shall not affect the supply Owner’s right to claim damages for breach of Gas Contract or recover any sums due under the Contract as a debt.
(d) If the Hirer does not make payment of a sum by the final date on which payment is due to be made, the Owner has the right to suspend performance of its obligations under the Contract. The right to suspend may not be exercised without first giving to the Property has been cut off by the Supplier, no person shall, without the Supplier’s consent or except pursuant to any directions given by the Minister for Transport and Technical Services, restore the supply.
4.4 The Supplier may, after having supplied Gas to the Property where the Customer has not given a Deposit, or has given a Deposit which has become invalid or insufficient, by notice in writing require the Customer within a week from the service of the notice to give the Supplier a Deposit for the payment of all sums which may from time to time become due in respect of the supply of Gas, and if the Customer fails to comply with the terms of the notice, the Supplier may discontinue the supply of Gas to the Property for so long as the failure continues.
4.5 The Customer may, where no amounts are owing to the Supplier, terminate the Contract on giving not less than 5 Business Days’ written notice to the Supplier.
4.6 If the Customer vacates the Property without giving Hirer at least 24 hours7 working days’ notice in writing to the Supplier the Customer shall be liable to pay the Supplier all charges in respect of the supply of Gas Owner’s intention to suspend performance, stating the Property accruing due up to whichever of the following first occurs: (a) the next usual day ground or grounds on which the register Owner intends to suspend performance. The right to suspend performance will cease when the Hirer makes payment in full of the Meter fails to be ascertained at the Property and (b) the day from which any subsequent occupier of the property requires the Supplier to supply gas to the Property.
4.7 On termination of the Contract for any reason the Supplier shall raise an invoice in respect of all charges for Gas used which has not been invoiced, any Standing Charges which have not yet been invoiced and additional charges payable.
4.8 On termination of the Contract for any reason the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices (including any invoice(s) raised in accordance with clause 4.7) and interest.
4.9 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay the balance (if any) of the Deposit held by it together with any interest (at such rate as may from time to time be fixed by the Supplier) to the Customer within 60 days of termination.
4.10 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay any credit held by it in connection with the Customer’s account with the Supplier to the Customer within 60 days of termination.
4.11 Where more than one person signs the Domestic Customer Agreement, the Supplier may pay any amounts owing to the Customer to any signatory without incurring liability to any other signatory. If the Supplier pays any amounts owing to the Customer into the bank account the details of which are notified to the Supplier by the Customer, such payment shall be an effective discharge of the Supplier’s payment obligations.
4.12 The Customer agrees that if, upon the expiry of the period of 12 months following the termination of the Contract, the Supplier is holding any money on behalf of the Customer due to the fact that a cheque which the Supplier sent to the Customer at the contact address notified to the Supplier by the Customer has been returned or cancelled by the bank or a BACS payment made to the bank account nominated by the Customer has been returned, the Supplier shall be released from its obligations to hold that money for the Customer and to pay that money to the Customer and shall become the legal and beneficial owner of that money.
4.13 Termination of the Contract, however arising, shall not affect any of the rights, remedies, obligations and/ or liabilities that have accrued to the Supplier and/ or the Customer prior to termination or which arise from termination.
4.14 If the Customer vacates the Property without paying all amounts due by way of charges in respect of the supply of Gas, the Supplier may refuse to supply Gas to the Customer until the Customer pays the amounts amount due.
4.15 Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
Appears in 2 contracts
Samples: Plant Hire Agreement, Plant Hire Agreement
Termination and Suspension. 4.1 The Supplier Westinghouse may refuse terminate or suspend the Purchase Agreement for its convenience, in whole or in part, at any time by written notice. In such event, Seller shall promptly comply with the directions contained in such notice and shall, subject to supplysuch direction, (1) take all necessary action to terminate or may discontinue suspend the supply ofWork as provided in the notice, Gas minimizing costs and liabilities, (2) protect, preserve and deliver any property related to the Customer Purchase Agreement that is in Seller's possession pursuant to Westinghouse's direction; and (3) continue the performance of such part of the Work, if any, as may not have been terminated or suspended by the notice; failure to continue the performance of such part of the Work, if any, as may not have been suspended shall be deemed to be a material breach of the Purchase Agreement. If Seller at the time of such termination or suspension has in stock or on firm order any completed or uncompleted items or any raw, semi-processed or completed materials for use in fulfilling the Purchase Agreement that cannot be used by Seller for any other purpose, then: (1) in the circumstances case of completed items or materials, Westinghouse may either require delivery of all or part of the completed items or materials and make payment thereof at the purchase price or, without taking delivery thereof, pay Seller the difference, if any, of the purchase price over the market price at the time of termination, and (2) in the case of uncompleted items or raw or semi-processed materials, Westinghouse shall, at its option, either require Seller to deliver all or part of such items or materials at the portion of the purchase price representing their stage of completion or, without taking delivery thereof, pay Seller with respect to such items or materials as are properly allocable to the Purchase Agreement, a portion of the purchase price representing the state of completion of such items or materials, reduced by the higher of the market or scrap value of such items or materials at such stage of completion; and (3) in the case of items or materials which Seller has on firm order, Westinghouse shall, at its option, either take an assignment of Seller's right under such order or pay the costs, if any, of settling or discharging Seller's obligation under the Purchase Agreement. Westinghouse shall have the right, by written notice to Seller, to terminate the whole or any part of the Purchase Agreement for default: (1) if Seller fails to deliver items and materials or to perform the services within the time or in the manner provided under the Act.
4.2 If the Customer has notPurchase Order, (2) if reasonable grounds for insecurity arise with respect to Seller's performance and Seller fails to furnish adequate assurances within 10 days after the expiry of 28 days from the making of a written demand by the Supplier Westinghouse for such assurance or (3) if Seller becomes insolvent or makes an assignment for the payment thereofbenefit of creditors, paid the charges due from the Customer in respect commits an act of the supply of Gas, the Supplier may, after the expiry of not less than 7 days’ notice of its intention:
(a) stop the Gas from entering the property either by cutting of the service pipe bankruptcy or by other means the Supplier thinks fit and (b) recover the cost incurred in doing so from the Customer.
4.3 Where the supply of Gas to the Property has been cut off by the Supplier, no person shall, without the Supplier’s consent or except pursuant to any directions given by the Minister for Transport and Technical Services, restore the supply.
4.4 The Supplier may, after having supplied Gas to the Property where the Customer has not given a Deposit, files or has given filed against it a Deposit which has become invalid petition in bankruptcy or insufficientreorganization proceedings. In the event Westinghouse terminates the Purchase Agreement, by notice in writing require the Customer within a week from the service of the notice to give the Supplier a Deposit whole or in part, for the payment of all sums which may from time to time become due in respect of the supply of Gasdefault, and if the Customer fails to comply with the terms of the notice, the Supplier may discontinue the supply of Gas to the Property for so long as the failure continues.
4.5 The Customer may, where no amounts are owing to the Supplier, terminate the Contract on giving not less than 5 Business Days’ written notice to the Supplier.
4.6 If the Customer vacates the Property without giving at least 24 hours’ notice in writing to the Supplier the Customer Westinghouse shall be liable entitled to pay the Supplier all charges in respect of the supply of Gas to the Property accruing due up to whichever of the following first occurs: (a) the next usual day on which the register of the Meter fails to be ascertained at the Property rights and (b) the day from which any subsequent occupier of the property requires the Supplier to supply gas to the Propertyremedies provided by law.
4.7 On termination of the Contract for any reason the Supplier shall raise an invoice in respect of all charges for Gas used which has not been invoiced, any Standing Charges which have not yet been invoiced and additional charges payable.
4.8 On termination of the Contract for any reason the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices (including any invoice(s) raised in accordance with clause 4.7) and interest.
4.9 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay the balance (if any) of the Deposit held by it together with any interest (at such rate as may from time to time be fixed by the Supplier) to the Customer within 60 days of termination.
4.10 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay any credit held by it in connection with the Customer’s account with the Supplier to the Customer within 60 days of termination.
4.11 Where more than one person signs the Domestic Customer Agreement, the Supplier may pay any amounts owing to the Customer to any signatory without incurring liability to any other signatory. If the Supplier pays any amounts owing to the Customer into the bank account the details of which are notified to the Supplier by the Customer, such payment shall be an effective discharge of the Supplier’s payment obligations.
4.12 The Customer agrees that if, upon the expiry of the period of 12 months following the termination of the Contract, the Supplier is holding any money on behalf of the Customer due to the fact that a cheque which the Supplier sent to the Customer at the contact address notified to the Supplier by the Customer has been returned or cancelled by the bank or a BACS payment made to the bank account nominated by the Customer has been returned, the Supplier shall be released from its obligations to hold that money for the Customer and to pay that money to the Customer and shall become the legal and beneficial owner of that money.
4.13 Termination of the Contract, however arising, shall not affect any of the rights, remedies, obligations and/ or liabilities that have accrued to the Supplier and/ or the Customer prior to termination or which arise from termination.
4.14 If the Customer vacates the Property without paying all amounts due by way of charges in respect of the supply of Gas, the Supplier may refuse to supply Gas to the Customer until the Customer pays the amounts due.
4.15 Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
Appears in 2 contracts
Samples: Purchase Agreement, Purchase Agreement
Termination and Suspension. 4.1 12.1 The Supplier may refuse to supply, or may discontinue the supply of, Gas to the Customer in the circumstances provided under the Act.
4.2 If the Customer has not, after the expiry of 28 days from the making of a written demand Employer shall be entitled by the Supplier for the payment thereof, paid the charges due from the Customer in respect of the supply of Gas, the Supplier may, after the expiry of not less than 7 fourteen days’ notice of its intention:
(a) stop the Gas from entering the property either by cutting of the service pipe or by other means the Supplier thinks fit and (b) recover the cost incurred in doing so from the Customer.
4.3 Where the supply of Gas to the Property has been cut off by the Supplier, no person shall, without the Supplier’s consent or except pursuant to any directions given by the Minister for Transport and Technical Services, restore the supply.
4.4 The Supplier may, after having supplied Gas to the Property where the Customer has not given a Deposit, or has given a Deposit which has become invalid or insufficient, by notice in writing require the Customer within a week from the service of the notice to give the Supplier a Deposit for the payment of all sums which may from time to time become due in respect of the supply of Gas, and if the Customer fails to comply with the terms of the notice, the Supplier may discontinue the supply of Gas to the Property for so long as the failure continues.
4.5 The Customer may, where no amounts are owing to the Supplier, terminate the Contract on giving not less than 5 Business Days’ written notice to the Supplier.
4.6 If the Customer vacates the Property without giving at least 24 hours’ notice in writing to the Supplier Consultant at any time to terminate the Customer Consultant’s engagement made under this Agreement.
12.2 Upon such termination the Consultant shall cause to be liable to pay the Supplier all charges in respect of the supply of Gas delivered to the Property accruing due up Employer all documents and information in the Consultant’s control or possession and relating to whichever of the following first occurs: (a) the next usual day on which the register of the Meter fails to be ascertained Project at the Property and (b) date of termination which are necessary for the day from which any subsequent occupier of Employer to continue the property requires the Supplier to supply gas to the PropertyProject.
4.7 On termination of the Contract for any reason the Supplier 12.3 The Employer shall raise an invoice in respect of all charges for Gas used which has not been invoiced, any Standing Charges which have not yet been invoiced and additional charges payable.
4.8 On termination of the Contract for any reason the Customer shall immediately pay to the Supplier all Consultant any reasonable and necessary costs due under the terms of the Supplier’s outstanding unpaid invoices (including any invoice(s) raised in accordance with clause 4.7) and interest.
4.9 On termination of the Contract for any reason, and provided no amounts are owing this Agreement prior to the Supplier, the Supplier shall pay the balance (if any) date of the Deposit held by it together with any interest (at such rate as may from time to time be fixed by the Supplier) to the Customer within 60 days of termination.
4.10 On termination of the Contract for any reason12.4 In addition, and provided no amounts are owing to the Supplier, the Supplier shall pay any credit held by it in connection with the Customer’s account with the Supplier to the Customer within 60 days of termination.
4.11 Where more than one person signs the Domestic Customer Agreement, the Supplier may pay any amounts owing to the Customer to any signatory without incurring liability to any other signatory. If the Supplier pays any amounts owing to the Customer into the bank account the details of which are notified to the Supplier by the Customer, such payment shall be an effective discharge of the Supplier’s payment obligations.
4.12 The Customer agrees that if, upon the expiry of the period of 12 months following the termination of the Contractappointment under this Agreement was not due to any breach by the Consultant of the terms of this Agreement, the Supplier is holding any money on behalf Employer shall in addition pay to the Consultant a fair and reasonable abortive fee in respect of work in hand but not completed assuming that such work was necessary and required by the Employer for the satisfactory outcome of the Customer due Project.
12.5 If the Consultant's engagement under this agreement is terminated by the Employer in circumstances where the Consultant is in breach of this Agreement or becomes insolvent, bankrupt, goes into liquidation, has a receiving order made against it, compounds with its creditors, or carries on a business under a receiver, trustee or manager for the benefit of his creditors, then the Employer shall not be obliged to make any further payment to the fact that a cheque which Consultant until the Supplier sent Employer’s losses consequent upon such termination have been fully determined.
12.6 Upon any termination of the appointment howsoever arising the Employer shall not be liable, save as is exclusively set out herein, to the Customer at the contact address notified to the Supplier by the Customer has been returned Consultant for any loss of profit, loss of contracts or cancelled by the bank other costs, losses and/or expenses arising out of or a BACS payment made to the bank account nominated by the Customer has been returned, the Supplier shall be released from its obligations to hold that money for the Customer and to pay that money to the Customer and shall become the legal and beneficial owner of that money.
4.13 Termination of the Contract, however arising, shall not affect any of the rights, remedies, obligations and/ or liabilities that have accrued to the Supplier and/ or the Customer prior to termination or which arise from in connection with such termination.
4.14 If 12.7 The provisions of this Agreement shall continue to bind both parties notwithstanding such termination and in particular the Customer vacates the Property without paying provisions relating to conflicts of interest.
12.8 The Employer may suspend all amounts due by way of charges in respect or part of the supply of GasServices immediately by written notice. If a suspension lasts more than 6 months, the Supplier Consultant may refuse make a written request for the Services to supply Gas be resumed and if no instructions to resume the Customer until the Customer pays the amounts due.
4.15 Clauses which expressly or by implication survive termination Services are given within 28 days of the Contract Consultant’s request, the Consultant’s employment shall continue in full force then terminate, and effectclauses 12.1 to 12.7 shall apply to such termination.
Appears in 2 contracts
Samples: Consulting Agreement, Consulting Agreement
Termination and Suspension. 4.1 The Supplier may refuse to supply, or may discontinue the supply of, Gas to the Customer in the circumstances provided under the Act.
4.2 If the Customer has not, after the expiry of 28 days from the making of a written demand by the Supplier for the payment thereof, paid the charges due from the Customer in respect of the supply of Gas, the Supplier may, after the expiry of not less than 7 days’ notice of its intention:
(a) stop the Gas from entering the property either This Agreement may be terminated at any time by cutting of the service pipe or by other means the Supplier thinks fit and (b) recover the cost incurred in doing so from the Customer.
4.3 Where the supply of Gas to the Property has been cut off by the Supplier, no person shall, without the Supplier’s consent or except pursuant to any directions given by the Minister for Transport and Technical Services, restore the supply.
4.4 The Supplier may, after having supplied Gas to the Property where the Customer has not given a Deposit, or has given a Deposit which has become invalid or insufficient, by notice in writing require the Customer within a week from the service of the notice to give the Supplier a Deposit for the payment of all sums which may from time to time become due in respect of the supply of Gas, and if the Customer fails to comply with the terms of the notice, the Supplier may discontinue the supply of Gas to the Property for so long as the failure continues.
4.5 The Customer may, where no amounts are owing to the Supplier, terminate the Contract on PACE giving not less than 5 Business Days’ written notice to the Supplier.
4.6 If the Customer vacates the Property without giving at least 24 hours’ notice in writing to the Supplier the Customer shall Subcontractor. XXXX will not be liable to pay the Supplier all charges Subcontractor for any payment, damages or compensation whatsoever in respect the event of the supply of Gas to the Property accruing due up to whichever of the following first occurs: (asuch termination, other than as set out in clauses 6(b) the next usual day on which the register of the Meter fails to be ascertained at the Property and 6(c).
(b) If the day from which any subsequent occupier of termination is without cause and not connected with a Termination Event then the property requires the Supplier to supply gas Subcontractor shall be paid a reasonable amount as determined by PACE having regard to the Property.
4.7 On termination of the Contract for any reason the Supplier shall raise an invoice in respect of all charges for Gas used which has not been invoiced, any Standing Charges which have not yet been invoiced Sum and additional charges payable.
4.8 On termination of the Contract for any reason the Customer shall immediately pay commensurate to the Supplier all of Goods and/or Services provided by the Supplier’s outstanding unpaid invoices (including any invoice(s) raised in accordance with clause 4.7) and interest.
4.9 On termination of the Contract for any reason, and provided no amounts are owing Subcontractor to the Supplier, the Supplier shall pay the balance (if any) of the Deposit held by it together with any interest (at such rate as may from time to time be fixed by the Supplier) to the Customer within 60 days date of termination.
4.10 On (c) If the termination is due to a Termination Event, then PACE will not be required to make any further payment under the Agreement (if any is so payable) and may apply any Security held by PACE:
(i) against any moneys due and payable from the Subcontractor to PACE; and
(ii) progressively to meet the costs incurred by PACE in obtaining any substitute or completing any incomplete Goods and/or Services or rectifying any defective Goods and/or Services. XXXX’x rights pursuant to this clause 6(c) are additional to, and do not derogate from, XXXX’x other rights and remedies, which PACE may pursue and recover as if the Agreement was repudiated at common law by the Subcontractor and PACE accepted that repudiation
(d) PACE shall account to the Subcontractor for all costs and expenses incurred by it in obtaining any substitute or completing any incomplete Goods and/or Services or rectifying any defective Goods and/or Services (“completion cost”). If after PACE applies any Security, the completion cost is:
(i) greater than the balance of the Contract for any reason, and provided no amounts are Sum owing to the SupplierSubcontractor pursuant to this Agreement, then PACE may recover such difference from the Supplier Subcontractor as a debt due and payable; or
(ii) less than the balance of the Contract Sum owing to the Subcontractor pursuant to this agreement, then PACE shall pay any credit held by it in connection with the Customer’s account with the Supplier such surplus money to the Customer within 60 days Subcontractor in full and final settlement of any and all claims that the Subcontractor has or but for this clause may have had arising from the termination.
4.11 Where more than one person signs the Domestic Customer Agreement(e) If this Agreement is terminated, the Supplier may pay Subcontractor must immediately deliver to PACE all Documentation.
(f) PACE may, without reason or cause and without any amounts owing to the Customer to any signatory without incurring liability to any other signatory. If the Supplier pays any amounts owing to the Customer into the bank account the details of which are notified to the Supplier claim for extra cost or otherwise by the CustomerSubcontractor, such payment shall be an effective discharge direct the Subcontractor to suspend the provision of Goods and/or Services. PACE may direct the Supplier’s payment obligationsSubcontractor to resume the provision of Goods and/or Services which have been suspended pursuant to this clause.
4.12 The Customer agrees that if, upon the expiry of the period of 12 months following the termination of the Contract, the Supplier is holding any money on behalf of the Customer due to the fact that a cheque which the Supplier sent to the Customer at the contact address notified to the Supplier by the Customer has been returned or cancelled by the bank or a BACS payment made to the bank account nominated by the Customer has been returned, the Supplier shall be released from its obligations to hold that money for the Customer and to pay that money to the Customer and shall become the legal and beneficial owner of that money.
4.13 Termination of the Contract, however arising, shall not affect any of the rights, remedies, obligations and/ or liabilities that have accrued to the Supplier and/ or the Customer prior to termination or which arise from termination.
4.14 If the Customer vacates the Property without paying all amounts due by way of charges in respect of the supply of Gas, the Supplier may refuse to supply Gas to the Customer until the Customer pays the amounts due.
4.15 Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
Appears in 1 contract
Samples: Purchase Order Terms and Conditions
Termination and Suspension. 4.1 The Supplier may refuse to supply, or may discontinue the supply of, Gas to the Customer in the circumstances provided under the Act.
4.2 If the Customer has not, after the expiry of 28 days from the making of a written demand by the Supplier for the payment thereof, paid the charges due from the Customer in respect of the supply of Gas, the Supplier may, after the expiry of not less than 7 days’ notice of its intention:
(a) stop the Gas from entering the property either by cutting of the service pipe or by other means the Supplier thinks fit and (b) recover the cost incurred in doing so from the Customer.
4.3 Where the supply of Gas to the Property has been cut off by the Supplier, no person shall, without the Supplier’s consent or except pursuant to any directions given by the Minister for Transport and Technical Services, restore the supply.
4.4 The Supplier may, after having supplied Gas to the Property where the Customer has not given a Deposit, or has given a Deposit which has become invalid or insufficient, by notice in writing require the Customer within a week from the service of the notice to give the Supplier a Deposit for the payment of all sums which Owner may from time to time become due in respect of the supply of Gas, and if the Customer fails to comply with the terms of the notice, the Supplier may discontinue the supply of Gas to the Property for so long as the failure continues.
4.5 The Customer may, where no amounts are owing to the Supplier, terminate the Contract on giving not less than 5 Business Days’ forthwith by written notice to the Supplier.
4.6 If the Customer vacates the Property without giving at least 24 hours’ notice in writing to the Supplier the Customer shall be liable to pay the Supplier all charges in respect of the supply of Gas to the Property accruing due up to whichever Hirer if one or more of the following first occurs: events occur:
(ai) The Hirer defaults in punctual payment of any sum due to the next usual day on which Owner for hire of Plant or other charges payable pursuant to these conditions and fails to remedy such default within 10 working days or such other period as might be considered reasonable under the register circumstances upon receiving written notice requiring it to do so;
(ii) The Hirer fails to observe and perform the terms and conditions of the Meter Contract and fails to remedy such default within 10 working days of receiving written notice requiring it to do so;
(iii) The Hirer suffers, or the Owner reasonably believes that the Hirer shall suffer, any distress or execution to be ascertained at levied against them;
(iv) The Hirer makes or proposes to make any arrangement with their creditors or becomes insolvent within the Property meaning of Section 113 of the Housing Grants, Construction and Regeneration Act 1996 or any amendment or re-enactment thereof for the time being in force; or
(v) The Hirer does or causes to be done or permit or suffer any act or thing whereby the Owner’s rights in the Plant may be prejudiced or put into jeopardy.
(b) In the day from which any subsequent occupier event of termination under sub-paragraph (b) above:
(i) The Hirer must give the property requires Owner or the Supplier Owner’s agents, immediate unobstructed access to supply gas to recover the PropertyPlant.
4.7 On (ii) The Owner shall be entitled to claim the hire charges outstandingas at the date of termination of the Contract for any reason the Supplier shall raise an invoice in respect of all hire under this clause and return transport charges for Gas used which has not been invoiced, any Standing Charges which have not yet been invoiced and additional charges payableunder clause 31.
4.8 On termination of the Contract for any reason the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices (including any invoice(s) raised in accordance with clause 4.7) and interest.
4.9 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay the balance (if any) of the Deposit held by it together with any interest (at such rate as may from time to time be fixed by the Supplier) to the Customer within 60 days of termination.
4.10 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay any credit held by it in connection with the Customer’s account with the Supplier to the Customer within 60 days of termination.
4.11 Where more than one person signs the Domestic Customer Agreement, the Supplier may pay any amounts owing to the Customer to any signatory without incurring liability to any other signatory. If the Supplier pays any amounts owing to the Customer into the bank account the details of which are notified to the Supplier by the Customer, such payment shall be an effective discharge of the Supplier’s payment obligations.
4.12 The Customer agrees that if, upon the expiry of the period of 12 months following the termination of the Contract, the Supplier is holding any money on behalf of the Customer due to the fact that a cheque which the Supplier sent to the Customer at the contact address notified to the Supplier by the Customer has been returned or cancelled by the bank or a BACS payment made to the bank account nominated by the Customer has been returned, the Supplier shall be released from its obligations to hold that money for the Customer and to pay that money to the Customer and shall become the legal and beneficial owner of that money.
4.13 Termination of the Contract, however arising, shall not affect any of the rights, remedies, obligations and/ or liabilities that have accrued to the Supplier and/ or the Customer prior to termination or which arise from termination.
4.14 If the Customer vacates the Property without paying all amounts due by way of charges in respect of the supply of Gas, the Supplier may refuse to supply Gas to the Customer until the Customer pays the amounts due.
4.15 Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
Appears in 1 contract
Samples: Plant Hire Agreement
Termination and Suspension. 4.1 The Supplier may refuse 13.1 Buyer shall have the right to supplyterminate the Contract (or any portion thereof) for cause in the event that Seller: (i) becomes insolvent, makes an assignment for the benefit of its creditors, has a receiver or trustee appointed for the benefit of its creditors, or may discontinue files for protection from creditors under any bankruptcy or insolvency laws; or (ii) substantially breaches and fails to comply or perform its material obligations hereunder (but only with respect to a material obligation for which the supply ofContract does not provide exclusive remedies), Gas provided that: (a) Buyer shall first have provided Seller with written notice of the nature of such breach and of Buyer’s intention to terminate the Contract as a result of such breach, and ( b) Seller shall have failed, within thirty (30) days after receipt of such notice (or such extended period as is considered reasonable by the parties), to either (1) commence to cure such breach and diligently thereafter to pursue such cure, or (2) provide reasonable evidence that no such breach has occurred. Any other reason for termination of the Contract will be considered a full breach of the Contract by Xxxxx. If Buyer terminates the Contract as provided in this Section 13.1, Buyer shall pay to Seller (i) that portion of the Contract price allocable to Products completed or partially completed prior to the Customer termination and (ii) all hours for Services performed at the Seller’s then-current standard time and material rates.
13.2 Seller shall have the right to terminate the Contract (or any portion thereof) immediately for cause in the circumstances provided under the Act.
4.2 If the Customer has not, after the expiry of 28 days from the making of a written demand by the Supplier for the payment thereof, paid the charges due from the Customer in respect of the supply of Gas, the Supplier may, after the expiry of not less than 7 days’ notice of its intentionevent that:
(i) Buyer becomes insolvent, makes an assignment for the benefit of its creditors, has a receiver or trustee appointed for the benefit of its creditors, or files for protection from creditors under any bankruptcy or insolvency laws; (ii) there is an excusable delay (as per Section 5 above) lasting longer than one hundred and twenty (120) days; or (iii) Buyer fails to comply with any terms of the Contract, including but not limited to, failure to make any payment when due or to fulfill any payment conditions.
13.3 If the Contract (or any portion thereof) is terminated for any reason other than those set forth in Section 13.1 above, Seller shall be paid for all Products completed or partially completed and Services performed prior to the date of termination, plus a cancellation charge equal to twenty five percent (25%) of the Contract price allocable to the uncompleted Products and unperformed Services. The following shall apply when determining the amount due from Buyer for Services performed prior to the date of termination: (i) for Services performed under time and material pricing, Buyer shall pay for all hours performed at Seller’s then- current standard time and material rates and (ii) for Services performed under a firm fixed price, Buyer shall pay (a) stop the Gas from entering the property either by cutting of the service pipe or by other means the Supplier thinks fit applicable price for all milestones achieved and (b) recover the cost incurred in doing so from the Customer.
4.3 Where the supply of Gas to the Property has been cut off by the Supplier, no person shall, without the Supplier’s consent or except pursuant to any directions given by the Minister for Transport and Technical Services, restore the supply.
4.4 The Supplier may, after having supplied Gas to the Property where the Customer has not given a Deposit, or has given a Deposit which has become invalid or insufficient, by notice in writing require the Customer within a week from the service of the notice to give the Supplier a Deposit for the payment of all sums which may from time to time become due in respect of the supply of Gas, and if the Customer fails to comply with the terms of the notice, the Supplier may discontinue the supply of Gas to the Property for so long as the failure continues.
4.5 The Customer may, where no amounts are owing to the Supplier, terminate the Contract on giving not less than 5 Business Days’ written notice to the Supplier.
4.6 If the Customer vacates the Property without giving at least 24 hours’ notice in writing to the Supplier the Customer shall be liable to pay the Supplier all charges in respect of the supply of Gas to the Property accruing due up to whichever of the following first occurs: (a) the next usual day on which the register of the Meter fails to be ascertained at the Property and (b) the day from which any subsequent occupier of the property requires the Supplier to supply gas to the Property.
4.7 On termination of the Contract for any reason the Supplier shall raise an invoice in respect of all charges for Gas used which has not been invoiced, any Standing Charges which have milestone not yet been invoiced and additional charges payable.
4.8 On termination of the Contract for any reason the Customer shall immediately pay to the Supplier achieved, all of the Supplier’s outstanding unpaid invoices (including any invoice(s) raised in accordance with clause 4.7) and interest.
4.9 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay the balance (if any) of the Deposit held by it together with any interest (at such rate as may from time to time be fixed by the Supplier) to the Customer within 60 days of termination.
4.10 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay any credit held by it hours performed in connection with the Customerunachieved milestone(s) at Seller’s account with the Supplier to the Customer then-current standard time and material rates. Contract must be cancelled within 60 30 days of terminationreceipt of product or service. Return of custom built products are not accepted.
4.11 Where more than one person signs 13.4 The Seller shall have the Domestic Customer Agreement, right to suspend any work immediately upon the Supplier may pay failure of Buyer to make any amounts owing to the Customer to any signatory without incurring liability to any other signatorypayment when due. If the Supplier pays any amounts owing to the Customer into the bank account the details of which are notified to the Supplier Any expenses incurred by the Customer, such payment Seller in accordance with a suspension under this Section 13.4 (including storage costs) shall be an effective discharge payable by Buyer upon submission of the SupplierSeller’s payment obligations.
4.12 The Customer agrees that if, upon the expiry invoice(s). Performance of the Seller’s obligations shall be extended for a period of 12 months following time reasonably necessary to overcome the termination effects of the Contract, the Supplier is holding any money on behalf of the Customer due to the fact that a cheque which the Supplier sent to the Customer at the contact address notified to the Supplier by the Customer has been returned or cancelled by the bank or a BACS payment made to the bank account nominated by the Customer has been returned, the Supplier shall be released from its obligations to hold that money for the Customer and to pay that money to the Customer and shall become the legal and beneficial owner of that moneysuch suspension.
4.13 Termination of the Contract, however arising, shall not affect any of the rights, remedies, obligations and/ or liabilities that have accrued to the Supplier and/ or the Customer prior to termination or which arise from termination.
4.14 If the Customer vacates the Property without paying all amounts due by way of charges in respect of the supply of Gas, the Supplier may refuse to supply Gas to the Customer until the Customer pays the amounts due.
4.15 Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
Appears in 1 contract
Samples: Terms and Conditions for Sale of Products and Services
Termination and Suspension. 4.1 The Supplier may refuse 8.1. Termination for Cause by Owne r: If, through any cause, either the A/E fails to supplyfulfill in a timely and proper manner its material obligations under this Agreement; or the A/E violates any of the material covenants, agreements, or may discontinue stipulations of this Agreement; or the supply ofA/E becomes insolvent or the subject of any proceeding under bankruptcy, Gas to the Customer in the circumstances provided under the Act.
4.2 If the Customer has notinsolvency, after the expiry of 28 days from the making of a written demand by the Supplier or receivership law or makes an assignment for the payment thereof, paid benefit of creditors; or if the charges due from A/E’s Representative ceases to be personally involved with the Customer in respect of the supply of GasProject, the Supplier may, after Owner shall have the expiry of right (but not less than 7 days’ the obligation) to terminate this Agreement by giving written notice of its intention:
such termination and specifying the effective date thereof at least seven (a7) stop the Gas from entering the property either by cutting of the service pipe or by other means the Supplier thinks fit and (b) recover the cost incurred in doing so from the Customer.
4.3 Where the supply of Gas to the Property has been cut off by the Supplier, no person shall, without the Supplier’s consent or except pursuant to any directions given by the Minister for Transport and Technical Services, restore the supply.
4.4 The Supplier may, days after having supplied Gas to the Property where the Customer has not given a Deposit, or has given a Deposit which has become invalid or insufficient, by notice in writing require the Customer within a week from the service of the notice to give the Supplier a Deposit for the payment of all sums which may from time to time become due in respect of the supply of Gas, and if the Customer fails to comply with the terms of the notice, during which period the Supplier may discontinue A/E shall have the supply right to cure the default. If the default is not cured by the termination date, the Owner shall have the right (but not the obligation) to take over performance of Gas the Services and prosecute the same to completion, by contract or otherwise, and all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by or for the Property for so long as benefit of the failure continuesA/E shall, at the option of the Owner, become the Owner’s property. These rights and remedies of the Owner are cumulative with and in addition to any other rights and remedies provided by law or this Agreement.
4.5 The Customer may8.1.1. In the event that the Owner terminates for cause, where no amounts are owing to the Supplier, terminate the Contract on giving not less than 5 Business Days’ written notice to the Supplier.
4.6 If the Customer vacates the Property without giving at least 24 hours’ notice in writing to the Supplier the Customer Owner shall be liable to pay the Supplier all charges A/E for the A/E’s just and equitable compensation for any satisfactorily completed Services, but in respect no event shall this compensation exceed the percentage of total Services satisfactorily completed at the supply time of Gas termination times the Maximum Compensation payable under this Agreement. The Owner may withhold any payments to the Property accruing A/E for the purpose of setoff until such time as the exact amount of damages due up to whichever of the following first occurs: (a) Owner from the next usual day on which the register of the Meter fails to be ascertained at the Property and (b) the day from which any subsequent occupier of the property requires the Supplier to supply gas to the Property.
4.7 On termination of the Contract for any reason the Supplier shall raise an invoice in respect of all charges for Gas used which has not been invoiced, any Standing Charges which have not yet been invoiced and additional charges payable.
4.8 On termination of the Contract for any reason the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices (including any invoice(s) raised in accordance with clause 4.7) and interest.
4.9 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay the balance (if any) of the Deposit held by it together with any interest (at such rate as may from time to time be fixed by the Supplier) to the Customer within 60 days of termination.
4.10 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay any credit held by it in connection with the Customer’s account with the Supplier to the Customer within 60 days of termination.
4.11 Where more than one person signs the Domestic Customer Agreement, the Supplier may pay any amounts owing to the Customer to any signatory without incurring liability to any other signatoryA/E is determined. If the Supplier pays any amounts owing Owner purports to the Customer into the bank account the details terminate all or a part of which are notified this Agreement for cause, and it is later determined that insufficient cause existed, such termination shall be deemed to the Supplier have been a termination for convenience by the CustomerOwner pursuant to Section 8.2, such payment and the rights of the parties shall be an effective discharge of the Supplier’s payment obligationsdetermined accordingly.
4.12 The Customer agrees that if, upon the expiry of the period of 12 months following the termination of the Contract, the Supplier is holding any money on behalf of the Customer due to the fact that a cheque which the Supplier sent to the Customer at the contact address notified to the Supplier by the Customer has been returned or cancelled by the bank or a BACS payment made to the bank account nominated by the Customer has been returned, the Supplier shall be released from its obligations to hold that money for the Customer and to pay that money to the Customer and shall become the legal and beneficial owner of that money.
4.13 Termination of the Contract, however arising, shall not affect any of the rights, remedies, obligations and/ or liabilities that have accrued to the Supplier and/ or the Customer prior to termination or which arise from termination.
4.14 If the Customer vacates the Property without paying all amounts due by way of charges in respect of the supply of Gas, the Supplier may refuse to supply Gas to the Customer until the Customer pays the amounts due.
4.15 Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
Appears in 1 contract
Samples: Master Agreement
Termination and Suspension. 4.1 The Supplier may refuse (a) Notwith-standing Section 5, if any party fails or refuses to supplycomply 22 with one or more of its material obligations hereunder, resulting in a material default which is incapable of being cured or may discontinue the supply of, Gas to the Customer in the circumstances provided under the Act.
4.2 If the Customer has not, after the expiry which is capable of 28 days being cured and is not cured within a reasonable period following its receipt of oral or written notice of such default from the making of Company (a "Breach"), the nonbreaching party shall provide the breaching party written demand by the Supplier for the payment notice thereof, paid describing the charges due from the Customer in respect of the supply of GasBreach and specifying a date, the Supplier may, after the expiry of not less than 7 days’ notice thirty (30) days following the breaching party's receipt of its intention:
(a) stop such notice, on which this Agreement shall be terminable at the Gas from entering the property either by cutting option of the service pipe or nonbreaching party unless the Breach has by other means that date been substantially cured. If the Supplier thinks fit and Breach has been substantially cured by the date so specified this Agreement shall not be terminable as a result of such substantially cured Breach.
(b) recover The Company may temporarily suspend Distributor's designation as an Approved Distributor and the cost incurred in doing so from the Customer.
4.3 Where the supply of Gas to the Property has been cut off by the Supplier, no person shall, without the Supplier’s consent or except Company's obligations pursuant to any directions given by the Minister for Transport and Technical ServicesSection 3 with respect to a particular Product (each such temporary suspension, restore the supply.
4.4 The Supplier maya "Suspension") if, after having supplied Gas to the Property where the Customer has not given a Depositbut only so long as, or has given a Deposit which has become invalid or insufficient, by notice in writing require the Customer within a week from the service of the notice to give the Supplier a Deposit for the payment of all sums which may from time to time become due in respect of the supply of Gas, and if the Customer fails Distributor shall fail to comply with its obligations under this Agreement with respect to such Product and such failure presents or is likely to present in the immediate future a danger of imminent harm to consumers or to restaurant employees or is in material violation of the requirements of applicable government health, safety or sanitation standards.
(c) Any party's failure to terminate this Agreement upon the occurrence of one or more Breaches shall not constitute a waiver or otherwise affect the right of such party to terminate the Agreement for any subsequent Breach. Any party's failure to exercise any of its rights or remedies hereunder or to insist on strict compliance by any other party with any of the terms hereof shall not constitute a waiver of any of the notice, terms or conditions hereof with respect to any other or subsequent Breach nor shall it constitute a waiver by such party of its right at any time thereafter to require compliance with the Supplier may discontinue the supply of Gas terms hereof as provided herein. The rights or remedies granted to the Property for so long as the failure continuesparties herein are in addition to any other rights or remedies which may be granted by law.
4.5 (d) The Customer may, where no amounts are owing obligations of Distributor pursuant to the Supplier, terminate the Contract on giving not less than 5 Business Days’ written notice to the Supplier.
4.6 If the Customer vacates the Property without giving at least 24 hours’ notice in writing to the Supplier the Customer this Agreement shall be liable to pay the Supplier all charges in respect of the supply of Gas to the Property accruing due up to whichever terminable, at Distributor's option, if any of the following first occursevents shall occur and be continuing: (ai) if a proceeding is instituted (and not dismissed within 60 days) by or against the Company under any applicable federal or state bankruptcy, insolvency, reorganization or other similar law to be adjudicated a bankrupt or insolvent; (ii) the next usual day on which the register appointment of or taking possession by a custodian, receiver, liquidator, assignee, trustee or similar official of all or a substantial part of the Meter fails assets of the Company; (iii) any assignment for the benefit of creditors of the Company; or (iv) if the Company shall admit in writing its inability to pay its debts as they become due.
(e) The obligations of the Company pursuant to this Agreement shall be ascertained terminable, at the Property and (b) the day from which any subsequent occupier of the property requires the Supplier to supply gas to the Property.
4.7 On termination of the Contract for any reason the Supplier shall raise an invoice in respect of all charges for Gas used which has not been invoicedCompany's option, any Standing Charges which have not yet been invoiced and additional charges payable.
4.8 On termination of the Contract for any reason the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices (including any invoice(s) raised in accordance with clause 4.7) and interest.
4.9 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay the balance (if any) of the Deposit held by it together with any interest (at such rate as may from time to time be fixed by the Supplier) to the Customer within 60 days of termination.
4.10 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay any credit held by it in connection with the Customer’s account with the Supplier to the Customer within 60 days of termination.
4.11 Where more than one person signs the Domestic Customer Agreement, the Supplier may pay any amounts owing to the Customer to any signatory without incurring liability to any other signatory. If the Supplier pays any amounts owing to the Customer into the bank account the details of which are notified to the Supplier by the Customer, such payment shall be an effective discharge of the Supplier’s payment obligations.
4.12 The Customer agrees that if, upon the expiry of the period of 12 months following the termination of the Contract, the Supplier is holding any money on behalf of the Customer due to the fact that a cheque which the Supplier sent to the Customer at the contact address notified to the Supplier by the Customer has been returned or cancelled by the bank or a BACS payment made to the bank account nominated by the Customer has been returned, the Supplier shall be released from its obligations to hold that money for the Customer and to pay that money to the Customer and shall become the legal and beneficial owner of that money.
4.13 Termination of the Contract, however arising, shall not affect any of the rightsfollowing events shall occur and be continuing: (i) if a proceeding is instituted (and not dismissed within 60 days) by or against Distributor under any applicable federal or state bankruptcy, remediesinsolvency, obligations and/ reorganization or liabilities that have accrued other similar law to be adjudicated a bankruptcy or insolvent; (ii) the Supplier and/ appointment of or the Customer prior to termination taking possession by a custodian, receiver, liquidator, assignee, trustee or which arise from termination.
4.14 If the Customer vacates the Property without paying similar official of all amounts due by way of charges in respect or a substantial part of the supply assets of Gas, Distributor; (iii) any assignment for the Supplier may refuse benefit of creditors of Distributor; or (iv) if Distributor shall admit in writing its inability to supply Gas to the Customer until the Customer pays the amounts pay its debts as they become due.
4.15 Clauses which expressly (f) Upon termination or by implication survive termination expiration of the Contract this Agreement, (i) Distributor's designation as an Approved Distributor shall continue in full terminate and be of no further force and effect; (ii) Distributor shall not thereafter identify itself as an Approved Distributor to the Hardee's(R) System or use any of the Company's trade secrets, the Confidential Information and/or other proprietary information of the Company; (iii) Distributor shall cease to use, in any manner whatsoever, any of the Trademarks; and (iv) Distributor shall sell to the Company, and the Company shall purchase from Distributor, within 30 days of such termination or expiration, all Products in Distributor's inventory, at the 24 Cost of such Products, plus applicable freight F.O.B. Distributor's distribution center(s); provided, however, that the Company shall not be required to purchase the amount of Distributor's stock which exceeds three (3) weeks' inventory of such Product (based on total sales of such Product to the Restaurants during the immediately preceding 12-month period) if such stock as exceeds such three (3) weeks' inventory was not purchased to fill orders placed by the Company Restaurants.
Appears in 1 contract
Termination and Suspension. 4.1 12.1 The Supplier may refuse to supply, or may discontinue the supply of, Gas to the Customer in the circumstances provided under the Act.
4.2 If the Customer has not, after the expiry of 28 days from the making of a written demand Employer shall be entitled by the Supplier for the payment thereof, paid the charges due from the Customer in respect of the supply of Gas, the Supplier may, after the expiry of not less than 7 fourteen days’ notice of its intention:
(a) stop the Gas from entering the property either by cutting of the service pipe or by other means the Supplier thinks fit and (b) recover the cost incurred in doing so from the Customer.
4.3 Where the supply of Gas to the Property has been cut off by the Supplier, no person shall, without the Supplier’s consent or except pursuant to any directions given by the Minister for Transport and Technical Services, restore the supply.
4.4 The Supplier may, after having supplied Gas to the Property where the Customer has not given a Deposit, or has given a Deposit which has become invalid or insufficient, by notice in writing require the Customer within a week from the service of the notice to give the Supplier a Deposit for the payment of all sums which may from time to time become due in respect of the supply of Gas, and if the Customer fails to comply with the terms of the notice, the Supplier may discontinue the supply of Gas to the Property for so long as the failure continues.
4.5 The Customer may, where no amounts are owing to the Supplier, terminate the Contract on giving not less than 5 Business Days’ written notice to the Supplier.
4.6 If the Customer vacates the Property without giving at least 24 hours’ notice in writing to the Supplier Consultant at any time to terminate the Customer Consultant’s engagement made under this Agreement.
12.2 Upon such termination the Consultant shall cause to be liable to pay the Supplier all charges in respect of the supply of Gas delivered to the Property accruing due up Employer all docume nts and information in the Consultant’s control or possession and relating to whichever of the following first occurs: (a) the next usual day on which the register of the Meter fails to be ascertained Project at the Property and (b) date of termination which are necessary for the day from which any subsequent occupier of Employer to continue the property requires the Supplier to supply gas to the PropertyProject.
4.7 On termination of the Contract for any reason the Supplier 12.3 The Employer shall raise an invoice in respect of all charges for Gas used which has not been invoiced, any Standing Charges which have not yet been invoiced and additional charges payable.
4.8 On termination of the Contract for any reason the Customer shall immediately pay to the Supplier all Consultant any reasonable and necessary costs d ue under the terms of the Supplier’s outstanding unpaid invoices (including any invoice(s) raised in accordance with clause 4.7) and interest.
4.9 On termination of the Contract for any reason, and provided no amounts are owing this Agreement prior to the Supplier, the Supplier shall pay the balance (if any) date of the Deposit held by it together with any interest (at such rate as may from time to time be fixed by the Supplier) to the Customer within 60 days of termination.
4.10 On termination of the Contract for any reason12.4 In addition, and provided no amounts are owing to the Supplier, the Supplier shall pay any credit held by it in connection with the Customer’s account with the Supplier to the Customer within 60 days of termination.
4.11 Where more than one person signs the Domestic Customer Agreement, the Supplier may pay any amounts owing to the Customer to any signatory without incurring liability to any other signatory. If the Supplier pays any amounts owing to the Customer into the bank account the details of which are notified to the Supplier by the Customer, such payment shall be an effective discharge of the Supplier’s payment obligations.
4.12 The Customer agrees that if, upon the expiry of the period of 12 months following the termination of the Contractappointment under this Agreement was not due to any breach by the Consultant of the terms of this Agreement, the Supplier is holding any money on behalf Employer shall in addition pay to the Consultant a fair and reasonable abortive fee in respect of work in hand but not completed assuming that such work was necessary and required by the Employer for the satisf actory outcome of the Customer due Project.
12.5 If the Consultant's engagement under this agreement is terminated by the Employer in circumstances where the Consultant is in breach of this Agreement or becomes insolvent, bankrupt, goes into liquidation, has a receiving order made against it, compounds with its creditors, or carries on a business under a receiver, trustee or manager for the benefit of his creditors, then the Employer shall not be obliged to make any further payment to the fact that a cheque which Consultant until the Supplier sent Employer’s losses consequent upon such termination have been fully determined.
12.6 Upon any termination of the appointment howsoever arising the Employer shall not be liable, save as is exclusively set out herein, to the Customer at the contact address notified to the Supplier by the Customer has been returned Consultant for any loss of profit, loss of contracts or cancelled by the bank other costs, losses and/or expenses arising out of or a BACS payment made to the bank account nominated by the Customer has been returned, the Supplier shall be released from its obligations to hold that money for the Customer and to pay that money to the Customer and shall become the legal and beneficial owner of that money.
4.13 Termination of the Contract, however arising, shall not affect any of the rights, remedies, obligations and/ or liabilities that have accrued to the Supplier and/ or the Customer prior to termination or which arise from in connection with such termination.
4.14 If 12.7 The provisions of this Agreement shall continue to bind both parties notwithstanding such termination and in particular the Customer vacates the Property without paying provisions relating to conflicts of interest.
12.8 The Employer may suspend all amounts due by way of charges in respect or part of the supply of GasServices immediately by written notice. If a suspension lasts more than 6 months, the Supplier Consultant may refuse make a written request for the Services to supply Gas be resumed and if no instructions to resume the Customer until the Customer pays the amounts due.
4.15 Clauses which expressly or by implication survive termination Services are given within 28 days of the Contract Consultant’s request, the Consultant’s employment shall continue in full force then terminate, and effectclauses 12.1 to 12.7 shall apply to such termination.
Appears in 1 contract
Samples: Consulting Agreement
Termination and Suspension. 4.1 17.1. The Supplier Center may refuse immediately terminate the Grant by written Notice to supplythe Grant Recipient if
a. the Grant Recipient is in breach of any of its obligations arising from the Grant and fails to remedy such breach (if remediable) within 30 days of receipt of a Notice from the Center requiring such remedy; or
b. the Grant Recipient fails to find within the period Notified by the Center a replacement satisfactory to the Center of the Principal Investigator, a Participating Partner, any Sub Grantee or any Key Personnel; or
c. the Grant Recipient or any Participating Partner becomes in accordance with the laws and regulations of their domicile or residence insolvent or bankrupt, or may discontinue is the supply ofsubject of a winding up or other process of dissolution unless a voluntary one for the purposes of reorganization; or
d. the Center has reasonable cause to believe that, Gas after reasonable notice to the Customer Grant Recipient a Final Project Report which meets the expressed or implied requirements of the Center arising from the Grant will not be produced by the Grant Recipient in accordance with the Budget and/or Grant Program (otherwise than by reason of any delay on the part of the Center or agreement between the Parties); or
e. the Parties are unable to agree a revised Budget in the circumstances provided under event of the Actextreme currency fluctuations referred to Sub Clause 8.4.
4.2 17.2. If the Customer has not, after the expiry of 28 days either Party is prevented from performing any obligation arising from the making Grant by reason of a written demand by Force Majeure, then it shall immediately give Notice to the Supplier for other Party, specifying the payment thereof, paid circumstances that it is believed constitute Force Majeure and estimating the charges due from the Customer in respect likely duration of such circumstances. Both Parties shall be excused further performance of the supply of Gas, the Supplier may, after the expiry of not less than 7 days’ notice of its intention:
(a) stop the Gas from entering the property either by cutting of the service pipe or by other means the Supplier thinks fit and (b) recover the cost incurred in doing so from the Customer.
4.3 Where the supply of Gas to the Property has been cut off by the Supplier, no person shall, without the Supplier’s consent or except pursuant to any directions given by the Minister for Transport and Technical Services, restore the supply.
4.4 The Supplier may, after having supplied Gas to the Property where the Customer has not given a Deposit, or has given a Deposit which has become invalid or insufficient, by notice in writing require the Customer within a week from the service of the notice to give the Supplier a Deposit for the payment of all sums which may from time to time become due in respect of the supply of Gas, and if the Customer fails to comply with the terms of the notice, the Supplier may discontinue the supply of Gas to the Property Grant for so long as such circumstances endure; always provided that should such circumstances endure for longer than six months, then either Party may by Notice to the failure continuesother terminate the Grant.
4.5 The Customer may, where no amounts are owing 17.3. If the Grant is terminated pursuant to Sub Clause 17.1 then without prejudice to such other remedies as may be available to the Supplier, terminate Center expressed or implied in the Contract on giving not less than 5 Business Days’ written notice Grant or arising otherwise:
a. all Jointly Owned Intellectual Property shall become the Center’s Intellectual Property and the Grant Recipient hereby irrevocably appoints the Project Manager as its authorized representative and attorney to take all necessary steps and to execute all necessary documents to effect such a transfer; and
b. the Center shall have no further liability to the Supplier.
4.6 If Grant Recipient arising from the Customer vacates the Property without giving at least 24 hours’ notice Grant and in writing particular shall have no liability to make any further payment to the Supplier the Customer shall be liable to pay the Supplier all charges Grant Recipient whether in respect of a period arising before or after the supply date of Gas termination stated in the Notice served in accordance with Sub Clause 17.1.
17.4. If the Grant is terminated pursuant to Sub Clause 17.2 then the Grant Recipient shall as soon as reasonably possible, but no later than 21 calendar days, send to the Property accruing due up to whichever of the following first occurs: (a) the next usual day on which the register of the Meter fails to be ascertained Center a final account as provided for in Clause 9. The Grant Recipient shall at the Property same time return any funds not committed to non-cancelable obligations. If, following the review by the Center and (b) any independent audit the day from which any subsequent occupier of the property requires the Supplier to supply gas Center may require, it is found that sums are due to the Property.
4.7 On termination of the Contract for any reason the Supplier shall raise an invoice Grant Recipient in respect of all charges for Gas used which has not been invoiced, any Standing Charges which have not yet been invoiced and additional charges payable.
4.8 On termination payments accruing before the Force Majeure arose then such sums shall be paid immediately to the Grant Recipient. Upon the satisfactory conclusion of the Contract for any reason review or audit, the Customer Center shall immediately pay to the Supplier all issue a Completion Certificate. The issue of the Supplier’s outstanding unpaid invoices (including any invoice(s) raised Completion Certificate under this Clause shall have the same effect as the issue of the Certificate in accordance with clause 4.7) and interestClause 9.
4.9 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay the balance (if any) of the Deposit held by it together with any interest (at such rate as may from time to time be fixed by the Supplier) to the Customer within 60 days of termination.
4.10 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay any credit held by it in connection with the Customer’s account with the Supplier to the Customer within 60 days of termination.
4.11 Where more than one person signs the Domestic Customer Agreement, the Supplier may pay any amounts owing to the Customer to any signatory without incurring liability to any other signatory. If the Supplier pays any amounts owing to the Customer into the bank account the details of which are notified to the Supplier by the Customer, such payment shall be an effective discharge of the Supplier’s payment obligations.
4.12 The Customer agrees that if, upon the expiry of the period of 12 months following the termination of the Contract, the Supplier is holding any money on behalf of the Customer due to the fact that a cheque which the Supplier sent to the Customer at the contact address notified to the Supplier by the Customer has been returned or cancelled by the bank or a BACS payment made to the bank account nominated by the Customer has been returned, the Supplier shall be released from its obligations to hold that money for the Customer and to pay that money to the Customer and shall become the legal and beneficial owner of that money.
4.13 Termination of the Contract, however arising, shall not affect any of the rights, remedies, obligations and/ or liabilities that have accrued to the Supplier and/ or the Customer prior to termination or which arise from termination.
4.14 If the Customer vacates the Property without paying all amounts due by way of charges in respect of the supply of Gas, the Supplier may refuse to supply Gas to the Customer until the Customer pays the amounts due.
4.15 Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
Appears in 1 contract
Samples: Project Funding Agreement
Termination and Suspension. 4.1 The Supplier 7.1 Except where Xxxxx has caused or contributed to any delay, Buyer may refuse (as Buyer’s sole remedy, without affecting the balance of the contract quantity) terminate the contract by notice to supply, or may discontinue the supply of, Gas to the Customer in the circumstances provided under the Act.
4.2 If the Customer has not, after the expiry of 28 days from the making of a written demand by the Supplier for the payment thereof, paid the charges due from the Customer Seller in respect of any instalment of Products which is not despatched by any date stated in writing to be “guaranteed” by Seller or within 60 days after any date indicated by Seller or quoted on Seller’s written quotation unless the goods have been specially manufactured or adapted for Buyer.
7.2 Seller may (without prejudice to its other rights or remedies) terminate or suspend Seller’s performance of the whole or any outstanding part of the contract in the relevant circumstances. Seller may also suspend deliveries or supply of Gas, the Supplier may, after the expiry Services while investigating any claim relating to prior shipments (under any contract) of Products. Clause 2.7 shall not less than 7 days’ notice of its intentionapply in these circumstances. The relevant circumstances are:
(a) stop Buyer materially or consistently breaches the Gas from entering the property either by cutting of the service pipe or by other means the Supplier thinks fit and contract;
(b) recover Buyer failing to take delivery of or to pay for Products and/or Services (if any) by the cost incurred due date, or breaches any other term of the contract; or
(c) Buyer undergoes a change of control as defined in doing section 416 or 840 of Income and Corporation Taxes Xxx 0000;
(x) Xxxxx becoming, or reasonably likely to become, bankrupt or insolvent or if a receiver, administrator or encumbrancer takes possession of any material part of Buyer’s assets, or Buyer suffers any equivalent of the foregoing;
(e) Seller having reasonable grounds for suspecting that an event in clause 7.2(d) has occurred or will occur, or that Buyer will not pay for Products or Services on the due date, and so notifies Buyer; or
(f) where the contract is for a fixed price, there has been a substantial increase in Seller’s costs of manufacture and supply of Products and/or Services between the date of contract and date of despatch arising from circumstances beyond Seller’s reasonable control and Seller and Buyer have failed within 30 days of Seller notifying Buyer of such increase, to reach agreement on a reasonable adjustment in the Customerprice for remaining deliveries to recognise such increase.
4.3 Where 7.3 If Buyer provides Seller with security for the supply of Gas contract price, reasonably acceptable to the Property Seller, within 3 working days after a notice has been cut off by given under clause 7.2(e), Seller shall withdraw the Supplier, no person shall, without the Supplier’s consent or except pursuant to any directions given by the Minister for Transport and Technical Services, restore the supplynotice.
4.4 The Supplier may, after having supplied Gas to the Property where the Customer has not given a Deposit, or has given a Deposit which has become invalid or insufficient, by notice in writing require the Customer within a week from the service of the notice to give the Supplier a Deposit for the payment of all sums which may from time to time become due in respect of the supply of Gas, and if the Customer fails to comply with the terms of the notice, the Supplier may discontinue the supply of Gas to the Property for so long as the failure continues.
4.5 The Customer may, where no amounts are owing to the Supplier, terminate the Contract on giving not less than 5 Business Days’ written notice to the Supplier.
4.6 If the Customer vacates the Property without giving at least 24 hours’ notice in writing to the Supplier the Customer shall be liable to pay the Supplier all charges in respect of the supply of Gas to the Property accruing due up to whichever of the following first occurs: (a) the next usual day on which the register of the Meter fails to be ascertained at the Property and (b) the day from which any subsequent occupier of the property requires the Supplier to supply gas to the Property.
4.7 7.4 On termination termination/suspension of the Contract for any reason the Supplier whatever reason:
(a) all amounts invoiced by Seller to Buyer, whether or not due for payment, shall raise an invoice in respect of all charges for Gas used which has not been invoiced, any Standing Charges which have not yet been invoiced and additional charges payable.become due immediately;
4.8 On termination (b) Xxxxx’s right to possession of the Contract for any reason the Customer Seller’s Goods shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices terminate immediately; and
(including any invoice(sc) raised in accordance with clause 4.7) and interest.
4.9 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay the balance Seller may (if any) of the Deposit held by it together with any interest (at such rate as may from time to time be fixed by the Supplier) to the Customer within 60 days of termination.
4.10 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay any credit held by it in connection with the Customer’s account with the Supplier to the Customer within 60 days of termination.
4.11 Where more than one person signs the Domestic Customer Agreement, the Supplier may pay any amounts owing to the Customer without prejudice to any signatory without incurring liability to any of Seller’s other signatory. If rights) recover or resell the Supplier pays any amounts owing to the Customer into the bank account the details of which are notified to the Supplier by the Customer, such payment shall be an effective discharge of the SupplierSeller’s payment obligationsGoods and may enter Buyer’s premises for that purpose.
4.12 The Customer agrees that if, upon the expiry of the period of 12 months following the termination of the Contract, the Supplier is holding any money on behalf of the Customer due to the fact that a cheque which the Supplier sent to the Customer at the contact address notified to the Supplier by the Customer has been returned or cancelled by the bank or a BACS payment made to the bank account nominated by the Customer has been returned, the Supplier shall be released from its obligations to hold that money for the Customer and to pay that money to the Customer and shall become the legal and beneficial owner of that money.
4.13 Termination of the Contract, however arising, shall not affect any of the rights, remedies, obligations and/ or liabilities that have accrued to the Supplier and/ or the Customer prior to termination or which arise from termination.
4.14 If the Customer vacates the Property without paying all amounts due by way of charges in respect of the supply of Gas, the Supplier may refuse to supply Gas to the Customer until the Customer pays the amounts due.
4.15 Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
Appears in 1 contract
Samples: General Conditions of Sale
Termination and Suspension. 4.1 The Supplier 7.1 Except where Buyer has caused or contributed to any delay, Buyer may refuse (as Buyer’s sole remedy, without affecting the balance of the contract quantity) terminate the contract by notice to supply, or may discontinue the supply of, Gas to the Customer in the circumstances provided under the Act.
4.2 If the Customer has not, after the expiry of 28 days from the making of a written demand by the Supplier for the payment thereof, paid the charges due from the Customer Seller in respect of any instalment of Products which is not despatched by any date stated in writing to be “guaranteed” by Seller or within 60 days after any date indicated by Seller or quoted on Seller’s written quotation unless the goods have been specially manufactured or adapted for Buyer.
7.2 Seller may (without prejudice to its other rights or remedies) terminate or suspend Seller’s performance of the whole or any outstanding part of the contract in the relevant circumstances. Seller may also suspend deliveries or supply of Gas, the Supplier may, after the expiry Services while investigating any claim relating to prior shipments (under any contract) of Products. Clause 2.7 shall not less than 7 days’ notice of its intentionapply in these circumstances. The relevant circumstances are:
(a) stop Buyer materially or consistently breaches the Gas from entering the property either by cutting of the service pipe or by other means the Supplier thinks fit and contract;
(b) recover Buyer failing to take delivery of or to pay for Products and/or Services (if any) by the cost incurred due date, or breaches any other term of the contract; or
(c) Buyer undergoes a change of control as defined in doing section 416 or 840 of Income and Corporation Taxes Xxx 0000;
(d) Buyer becoming, or reasonably likely to become, bankrupt or insolvent or if a receiver, administrator or encumbrancer takes possession of any material part of Buyer’s assets, or Buyer suffers any equivalent of the foregoing;
(e) Seller having reasonable grounds for suspecting that an event in clause 7.2(d) has occurred or will occur, or that Buyer will not pay for Products or Services on the due date, and so notifies Buyer; or
(f) where the contract is for a fixed price, there has been a substantial increase in Seller’s costs of manufacture and supply of Products and/or Services between the date of contract and date of despatch arising from circumstances beyond Seller’s reasonable control and Seller and Buyer have failed within 30 days of Seller notifying Buyer of such increase, to reach agreement on a reasonable adjustment in the Customerprice for remaining deliveries to recognise such increase.
4.3 Where 7.3 If Buyer provides Seller with security for the supply of Gas contract price, reasonably acceptable to the Property Seller, within 3 working days after a notice has been cut off by given under clause 7.2(e), Seller shall withdraw the Supplier, no person shall, without the Supplier’s consent or except pursuant to any directions given by the Minister for Transport and Technical Services, restore the supplynotice.
4.4 The Supplier may, after having supplied Gas to the Property where the Customer has not given a Deposit, or has given a Deposit which has become invalid or insufficient, by notice in writing require the Customer within a week from the service of the notice to give the Supplier a Deposit for the payment of all sums which may from time to time become due in respect of the supply of Gas, and if the Customer fails to comply with the terms of the notice, the Supplier may discontinue the supply of Gas to the Property for so long as the failure continues.
4.5 The Customer may, where no amounts are owing to the Supplier, terminate the Contract on giving not less than 5 Business Days’ written notice to the Supplier.
4.6 If the Customer vacates the Property without giving at least 24 hours’ notice in writing to the Supplier the Customer shall be liable to pay the Supplier all charges in respect of the supply of Gas to the Property accruing due up to whichever of the following first occurs: (a) the next usual day on which the register of the Meter fails to be ascertained at the Property and (b) the day from which any subsequent occupier of the property requires the Supplier to supply gas to the Property.
4.7 7.4 On termination termination/suspension of the Contract for any reason the Supplier whatever reason:
(a) all amounts invoiced by Seller to Buyer, whether or not due for payment, shall raise an invoice in respect of all charges for Gas used which has not been invoiced, any Standing Charges which have not yet been invoiced and additional charges payable.become due immediately;
4.8 On termination (b) Buyer’s right to possession of the Contract for any reason the Customer Seller’s Goods shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices terminate immediately; and
(including any invoice(sc) raised in accordance with clause 4.7) and interest.
4.9 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay the balance Seller may (if any) of the Deposit held by it together with any interest (at such rate as may from time to time be fixed by the Supplier) to the Customer within 60 days of termination.
4.10 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay any credit held by it in connection with the Customer’s account with the Supplier to the Customer within 60 days of termination.
4.11 Where more than one person signs the Domestic Customer Agreement, the Supplier may pay any amounts owing to the Customer without prejudice to any signatory without incurring liability to any of Seller’s other signatory. If rights) recover or resell the Supplier pays any amounts owing to the Customer into the bank account the details of which are notified to the Supplier by the Customer, such payment shall be an effective discharge of the SupplierSeller’s payment obligationsGoods and may enter Buyer’s premises for that purpose.
4.12 The Customer agrees that if, upon the expiry of the period of 12 months following the termination of the Contract, the Supplier is holding any money on behalf of the Customer due to the fact that a cheque which the Supplier sent to the Customer at the contact address notified to the Supplier by the Customer has been returned or cancelled by the bank or a BACS payment made to the bank account nominated by the Customer has been returned, the Supplier shall be released from its obligations to hold that money for the Customer and to pay that money to the Customer and shall become the legal and beneficial owner of that money.
4.13 Termination of the Contract, however arising, shall not affect any of the rights, remedies, obligations and/ or liabilities that have accrued to the Supplier and/ or the Customer prior to termination or which arise from termination.
4.14 If the Customer vacates the Property without paying all amounts due by way of charges in respect of the supply of Gas, the Supplier may refuse to supply Gas to the Customer until the Customer pays the amounts due.
4.15 Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
Appears in 1 contract
Samples: General Conditions of Sale
Termination and Suspension. 4.1 11.1 The Supplier may refuse to supply, or may discontinue the supply of, Gas to the Customer Employment will continue until terminated by either party giving written notice as set out in the circumstances provided under the Actclause 11.2.
4.2 If the Customer has not, after the expiry of 28 days from the making of a written demand by the Supplier for the payment thereof, paid the charges due from the Customer in respect of the supply of Gas, the Supplier may, after the expiry of not less than 7 days’ notice of its intention:
(a) stop the Gas from entering the property either by cutting of the service pipe or by other means the Supplier thinks fit and (b) recover the cost incurred in doing so from the Customer.
4.3 Where the supply of Gas to the Property has been cut off by the Supplier, no person shall, without the Supplier’s consent or except pursuant to any directions given by the Minister for Transport and Technical Services, restore the supply.
4.4 The Supplier may, after having supplied Gas to the Property where the Customer has not given a Deposit, or has given a Deposit which has become invalid or insufficient, by notice in writing require the Customer within a week from the service of the notice to give the Supplier a Deposit for the payment of all sums which 11.2 Either party may from time to time become due in respect of the supply of Gas, and if the Customer fails to comply with the terms of the notice, the Supplier may discontinue the supply of Gas to the Property for so long as the failure continues.
4.5 The Customer may, where no amounts are owing to the Supplier, terminate the Contract on Employment by giving not less than 5 Business Daystwelve months’ written notice to the Supplierother.
4.6 If 11.3 The Company reserves the Customer vacates right, exercisable at any time and in its absolute discretion, to terminate the Property without giving at least 24 hours’ Executive’s employment with immediate effect by notice in writing to the Supplier the Customer shall be liable that it is exercising its right to pay the Supplier all charges Executive in respect lieu of the supply Executive’s notice period (or the remainder of Gas to such notice period). In such event, the Property accruing due up to whichever Company shall pay the Executive the sums or sum calculated and payable in accordance with clause 11.4 (the Post-Employment Notice Pay). Such Post-Employment Notice Pay shall not constitute a debt payable by the Company. From the Termination Date until the date of expiry of the following first occursnotice period under 11.2 (if notice had been served), the Executive shall be obliged to mitigate losses flowing from such termination subject only to abiding by the obligations as set out in clause 13. For the purposes of this clause and clause 11.4, the Executive’s obligation to mitigate shall be to take all reasonable steps to obtain (and commence) an Alternative Executive Position.
11.4 For the purposes of this clause 11, “Alternative Executive Position” shall mean any position under a contract of employment or otherwise whereby the Executive is directly or indirectly remunerated, whether by way of salary, bonus, pension, fees, equity or otherwise, save it shall not include any: (a) the next usual day non-executive directorship(s), (b) employment in a role below board level (other than on an executive committee or top management team or similar body), (c) employment, engagement or trusteeship with or in respect of any charity, (d) engagement pursuant to which the register Executive provides his services on a limited consultancy basis only, and (e) income derived from the proceeds of sale of any items or products designed and produced directly by the Executive.
11.5 The amount of the Meter fails to Post-Employment Notice Pay shall be ascertained such sum as the Executive would have received in base salary (at the Property rate in force at the Termination Date) throughout the remainder of the notice period (if it had been served) less the aggregate of (a) any sums earned or received by the Executive from the Alternative Executive Position during the remainder of the notice period (if it had been served) and (b) deductions for income tax and employee’s national insurance contributions. The Post-Employment Notice Pay shall be payable in installments at the day same intervals and on the same dates as salary payments would have been made to the Executive had the employment continued. The Executive shall provide to the Company a statement of all sums earned on a monthly basis from which any subsequent occupier Alternative Executive Position and such other information as the Company may reasonably request in relation to the Executive’s search for an Alternative Executive Position.
11.6 The Company may terminate the Employment with immediate effect by giving written notice if the Executive does not perform the duties of the property requires Employment for a period of 130 days (whether or not consecutive) in any period of 365 days because of sickness, injury or other incapacity. This notice can be given whilst the Supplier Executive continues not to supply gas perform their duties or on expiry of the 130-day period. In this clause, ‘days’ includes Saturdays, Sundays and public holidays.
11.7 The Company may terminate the Employment with immediate effect by giving written notice if the Executive:
11.7.1 After due notice, has not performed their duties under this agreement to the Property.
4.7 On termination of standard required by the Contract for any reason the Supplier shall raise an invoice in respect of all charges for Gas used which has Board or does not been invoiced, any Standing Charges which have not yet been invoiced and additional charges payable.
4.8 On termination of the Contract for any reason the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices (including any invoice(s) raised in accordance with clause 4.7) and interest.
4.9 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay the balance (if any) of the Deposit held by it together comply with any interest (at such rate as may from time to time be fixed lawful order or direction given by the Supplier) to the Customer within 60 days Board; or
11.7.2 commits any serious or persistent breach of termination.their obligations under or does not comply with any material term of this agreement; or
4.10 On termination 11.7.3 is guilty of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay any credit held by it gross misconduct or conducts themselves (whether in connection with the Customer’s account Employment or not) in a way which is harmful to any Group Company; or
11.7.4 is guilty of dishonesty or is convicted of a criminal offence (other than a motoring offence which does not result in imprisonment) whether in connection with the Supplier Employment or not; or
11.7.5 commits (or is reasonably believed by the Board to have committed) a breach of any legislation in force which may affect or relate to the Customer within 60 days business of terminationany Group Company; or
11.7.6 becomes of unsound mind, is bankrupted or has a receiving order made against them or makes any general composition with their creditors or takes advantage of any statute affording relief for insolvent debtors; or
11.7.7 becomes disqualified from being a director of a company.
4.11 Where more than one person signs 11.8 When the Domestic Customer AgreementCompany terminates the Employment by giving written notice to take immediate effect in accordance with either clause 11.6 or 11.7, for the Supplier may pay any amounts owing avoidance of doubt there is no obligation to the Customer to any signatory without incurring liability to give notice as set out in clause 11.1 or any other signatory. If period of notice to make any payment in lieu of notice.
11.9 The Executive will have no claim for damages or any other remedy against the Supplier pays Company if the Employment is terminated for any amounts owing to the Customer into the bank account the details of which are notified to the Supplier by the Customer, such payment shall be an effective discharge of the Supplier’s payment obligationsreasons set out in clause 11.6 or 11.7.
4.12 The Customer agrees that if, upon 11.10 When the expiry of Employment terminates the period of 12 months following the termination of the Contract, the Supplier is holding Company may deduct from any money on behalf of the Customer due to the fact that a cheque Executive (including remuneration) any amount which the Supplier sent Executive owes to any Group Company.
11.11 The Company may suspend the Customer Executive from the Employment on full salary at any time, and for any reason for a reasonable period to investigate any matter in which the contact address notified to the Supplier by the Customer has been returned Executive is implicated or cancelled by the bank involved (whether directly or a BACS payment made to the bank account nominated by the Customer has been returned, the Supplier shall be released from its obligations to hold that money for the Customer indirectly) and to pay that money to the Customer and shall become the legal and beneficial owner of that moneyconduct any related disciplinary proceedings (including any appeals).
4.13 Termination of the Contract, however arising, shall not affect any of the rights, remedies, obligations and/ or liabilities that have accrued to the Supplier and/ or the Customer prior to termination or which arise from termination.
4.14 If the Customer vacates the Property without paying all amounts due by way of charges in respect of the supply of Gas, the Supplier may refuse to supply Gas to the Customer until the Customer pays the amounts due.
4.15 Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
Appears in 1 contract
Termination and Suspension. 4.1 (a) The Supplier Owner may refuse to supply, or may discontinue terminate the supply of, Gas Contract forthwith by written notice to the Customer in the circumstances provided under the Act.
4.2 If the Customer has not, after the expiry of 28 days from the making of a written demand by the Supplier for the payment thereof, paid the charges due from the Customer in respect Hirer if one or more of the supply of Gas, the Supplier may, after the expiry of not less than 7 days’ notice of its intentionfollowing events occur:
(i) The Hirer defaults in punctual payment of any sum due to the Owner for hire of Plant or other charges payable pursuant to these conditions and fails to remedy such default within 10 working days or such other period as might be considered reasonable under the circumstances upon receiving written notice requiring it to do so;
(ii) The Hirer fails to observe and perform the terms and conditions of the Contract and fails to remedy such default within 10 working days of receiving written notice requiring it to do so;
(iii) The Hirer suffers, or the Owner reasonably believes that the Hirer shall suffer, any distress or execution to be levied against them;
(iv) The Hirer makes or proposes to make any arrangement with their creditors or becomes insolvent within the meaning of Section 113 of the Housing Grants, Construction and Regeneration Act 1996 or any amendment or re-enactment thereof for the time being in force; or
(v) The Hirer does or causes to be done or permit or suffer any act or thing whereby the Owner’s rights in the Plant may be prejudiced or put into jeopardy.
(b) In the event of termination under sub-paragraph (a) stop above:
(i) The Hirer must give the Gas from entering Owner or the property either by cutting Owner’s agents immediate unobstructed access to recover the Plant.
(ii) The Owner shall be entitled to claim the hire charges outstanding as at the date of termination of the service pipe or by other means the Supplier thinks fit hire under this clause and return transport charges under clause 31.
(c) The rights under sub-paragraph (a) and (b) recover above:
(i) May be exercised notwithstanding that the cost incurred in doing so from Owner may have waived some previous default or matter of the Customersame or a like nature.
4.3 Where (ii) Shall not affect the supply Owner’s right to claim damages for breach of Gas Contract or recover any sums due under the Contract as a debt.
(d) If the Hirer does not make payment of a sum by the final date on which payment is due to be made, the Owner has the right to suspend performance of its obligations under the Contract. The right to suspend may not be exercised without first giving to the Property has been cut off by the Supplier, no person shall, without the Supplier’s consent or except pursuant to any directions given by the Minister for Transport and Technical Services, restore the supply.
4.4 The Supplier may, after having supplied Gas to the Property where the Customer has not given a Deposit, or has given a Deposit which has become invalid or insufficient, by notice in writing require the Customer within a week from the service of the notice to give the Supplier a Deposit for the payment of all sums which may from time to time become due in respect of the supply of Gas, and if the Customer fails to comply with the terms of the notice, the Supplier may discontinue the supply of Gas to the Property for so long as the failure continues.
4.5 The Customer may, where no amounts are owing to the Supplier, terminate the Contract on giving not less than 5 Business Days’ written notice to the Supplier.
4.6 If the Customer vacates the Property without giving Hirer at least 24 hours7 working days’ notice in writing to the Supplier the Customer shall be liable to pay the Supplier all charges in respect of the supply of Gas Owner’s intention to suspend performance, stating the Property accruing due up to whichever of the following first occurs: (a) the next usual day ground or grounds on which the register Owner intends to suspend performance. The right to suspend performance will cease when the Hirer makes payment in full of the Meter fails to be ascertained at the Property and (b) the day from which any subsequent occupier of the property requires the Supplier to supply gas to the Property.
4.7 On termination of the Contract for any reason the Supplier shall raise an invoice in respect of all charges for Gas used which has not been invoiced, any Standing Charges which have not yet been invoiced and additional charges payable.
4.8 On termination of the Contract for any reason the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices (including any invoice(s) raised in accordance with clause 4.7) and interest.
4.9 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay the balance (if any) of the Deposit held by it together with any interest (at such rate as may from time to time be fixed by the Supplier) to the Customer within 60 days of termination.
4.10 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay any credit held by it in connection with the Customer’s account with the Supplier to the Customer within 60 days of termination.
4.11 Where more than one person signs the Domestic Customer Agreement, the Supplier may pay any amounts owing to the Customer to any signatory without incurring liability to any other signatory. If the Supplier pays any amounts owing to the Customer into the bank account the details of which are notified to the Supplier by the Customer, such payment shall be an effective discharge of the Supplier’s payment obligations.
4.12 The Customer agrees that if, upon the expiry of the period of 12 months following the termination of the Contract, the Supplier is holding any money on behalf of the Customer due to the fact that a cheque which the Supplier sent to the Customer at the contact address notified to the Supplier by the Customer has been returned or cancelled by the bank or a BACS payment made to the bank account nominated by the Customer has been returned, the Supplier shall be released from its obligations to hold that money for the Customer and to pay that money to the Customer and shall become the legal and beneficial owner of that money.
4.13 Termination of the Contract, however arising, shall not affect any of the rights, remedies, obligations and/ or liabilities that have accrued to the Supplier and/ or the Customer prior to termination or which arise from termination.
4.14 If the Customer vacates the Property without paying all amounts due by way of charges in respect of the supply of Gas, the Supplier may refuse to supply Gas to the Customer until the Customer pays the amounts amount due.
4.15 Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
Appears in 1 contract
Samples: Hire Terms and Conditions
Termination and Suspension. 4.1 The Supplier 17.1 Mangiarotti may refuse terminate or suspend the Purchase Agreement for its convenience, in whole or in part, at any time by written notice. In such event, Seller shall promptly comply with the directions contained in such notice and shall, subject to supplysuch direction, (1) take all necessary action to terminate or may discontinue suspend the supply ofWork as provided in the notice, Gas minimizing costs and liabilities, (2) protect, preserve and deliver any property related to the Customer Purchase Agreement that is in Seller's possession pursuant to Mangiarotti's direction; and (3) continue the performance of such part of the Work, if any, as may not have been terminated or suspended by the notice; failure to continue the performance of such part of the Work, if any, as may not have been suspended shall be deemed to be a material breach of the Purchase Agreement. If Seller at the time of such termination or suspension has in stock or on firm order any completed or uncompleted items or any raw, semi-processed or completed materials for use in fulfilling the Purchase Agreement that cannot be used by Seller for any other purpose, then: (1) in the circumstances case of completed items or materials, Mangiarotti may either require delivery of all or part of the completed items or materials and make payment thereof at the purchase price or, without taking delivery thereof, pay Seller the difference, if any, of the purchase price over the market price at the time of termination, and (2) in the case of uncompleted items or raw or semi-processed materials, Mangiarotti shall, at its option, either require Seller to deliver all or part of such items or materials at the portion of the purchase price representing their stage of completion or, without taking delivery thereof, pay Seller with respect to such items or materials as are properly allocable to the Purchase Agreement, a portion of the purchase price representing the state of completion of such items or materials, reduced by the higher of the market or scrap value of such items or materials at such stage of completion; and (3) in the case of items or materials which Seller has on firm order, Mangiarotti shall, at its option, either take an assignment of Seller's right under such order or pay the costs, if any, of settling or discharging Seller's obligation under the Purchase Agreement.
17.2 Either Party may terminate the Purchase Agreement in case of breach or default of the other Party that is not cured within thirty (30) Days following the receipt of a written notice by the non-breaching/non-defaulting Party.
17.3 Mangiarotti shall have the right to terminate the Purchase Agreement by written notice with immediate effect without liability to the Seller and without prejudice to Mangiarotti’s right to claim damages or to pursue any other remedy provided by law, if: (1) if Seller fails to meet achievements or fails to deliver the Work within the time or in the manner provided under the Act.
4.2 If Purchase Order, (2) if Seller breaches the Customer has notassignment and subcontracting restrictions under Article 20, after (3) if Seller breaches the expiry of 28 days from provisions Article 6.4, (4) if Seller breaches its confidentiality obligations under Article 14, (5) if Seller breaches the making of a written demand by the Supplier for the payment thereof, paid the charges due from the Customer in respect of the supply of Gas, the Supplier may, after the expiry of not less than 7 days’ notice of its intention:
warranty obligation under Article 10.3 (a), (6) stop if Seller does not meet the Gas from entering honorability requirements under the property either declaration required by cutting of the service pipe Mangiarotti or by other means the Supplier thinks fit and (b) recover the cost incurred provides false information in doing so from the Customer.
4.3 Where the supply of Gas relation to the Property has been cut off by the Supplier, no person shall, without the Supplier’s consent or except pursuant to any directions given by the Minister for Transport and Technical Services, restore the supply.
4.4 The Supplier may, after having supplied Gas to the Property where the Customer has not given a Depositexistence of said requirements, or has given a Deposit which has become invalid or insufficient, by notice in writing require the Customer within a week from the service of the notice to give the Supplier a Deposit for the payment of all sums which may from time to time become due in respect of the supply of Gas, and if the Customer fails to comply with the terms of the notice, the Supplier may discontinue the supply of Gas to the Property for so long as the failure continues.
4.5 The Customer may, where no amounts are owing to the Supplier, terminate the Contract on giving not less than 5 Business Days’ written notice to the Supplier.
4.6 If the Customer vacates the Property without giving at least 24 hours’ notice in writing to the Supplier the Customer shall be liable to pay the Supplier all charges in respect of the supply of Gas to the Property accruing due up to whichever of the following first occurs: (a) the next usual day on which the register of the Meter fails to be ascertained at the Property and (b) the day from which any subsequent occupier of the property requires the Supplier to supply gas to the Property.
4.7 On termination of the Contract for any reason the Supplier shall raise an invoice in respect of all charges for Gas used which has not been invoiced, any Standing Charges which have not yet been invoiced and additional charges payable.
4.8 On termination of the Contract for any reason the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices (including any invoice(s) raised in accordance with clause 4.7) and interest.
4.9 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay the balance (if any) of the Deposit held by it together with any interest (at such rate as may from time to time be fixed by the Supplier) to the Customer within 60 days of termination.
4.10 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay any credit held by it in connection with the Customer’s account with the Supplier to the Customer within 60 days of termination.
4.11 Where more than one person signs the Domestic Customer Agreement, the Supplier may pay any amounts owing to the Customer to any signatory without incurring liability to any other signatory. If the Supplier pays any amounts owing to the Customer into the bank account the details of which are notified to the Supplier by the Customer, such payment shall be an effective discharge of the Supplier’s payment obligations.
4.12 The Customer agrees that if, upon the expiry of the period of 12 months following the termination of the Contract, the Supplier is holding any money on behalf of the Customer due to the fact that a cheque which the Supplier sent to the Customer at the contact address notified to the Supplier by the Customer has been returned or cancelled by the bank or a BACS payment made to the bank account nominated by the Customer has been returned, the Supplier shall be released from its obligations to hold that money for the Customer and to pay that money to the Customer and shall become the legal and beneficial owner of that money.
4.13 Termination of the Contract, however arising, shall not affect breaches any of the rightsprinciples or rules set forth in Mangiarotti’s Code of Ethics, remedies(7) if a third party has claimed infringement and Seller does not remedy the intellectual property defect, obligations and/ or liabilities that have accrued (8) if Seller breaches Articles 27.11 and 27.12, (9) if Seller transfers and/or assigns any part of its business relating to the Supplier and/ Work, or transfers the Customer prior to termination or which arise from termination.
4.14 If the Customer vacates the Property without paying all amounts due by way of charges controlling interest in respect of the supply of Gas, the Supplier may refuse to supply Gas to the Customer until the Customer pays the amounts due.
4.15 Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.said business,
Appears in 1 contract
Samples: Purchase Agreement
Termination and Suspension. 4.1 The Supplier may refuse This Agreement shall remain in force for a minimum period of 12 months from acceptance by Yantra of the Client’s application to supplyuse the service or services provided, or until such time as the services required under this agreement or addendum to this agreement are completed by Yantra. Termination of this agreement (other than for the cancellation of design services) can be effected by the Client by giving a minimum of 1 month’s notice in writing, either by email, fax or Royal Mail post. Termination can be effected by Yantra, without in any way limiting Yantra rights under any other sub clause in this agreement, if: the Client fails to pay any sums due to Yantra as they fall due, then Yantra may discontinue remove the supply ofwebsite from public viewing, Gas or suspend the Services and/or terminate this Agreement forthwith without notice to the Customer Client; the Client breaks any of these terms and conditions, including violating any licensing agreements, and fails to correct the breach within thirty (30) days following written notice from Yantra specifying the breach, then Yantra may terminate this Agreement forthwith upon written notice; the Client is a company and that company goes into insolvent liquidation or suffers the appointment of an administrator or administrative receiver or enters into a voluntary arrangement with the Client’s creditors, then Yantra shall be entitled to terminate this Agreement forthwith without notice to the Client. On termination of this Agreement or suspension of the Services by Yantra for breach of this agreement, Yantra shall be entitled immediately to block the Client’s Website and to remove all data located on it. Yantra shall be entitled to delete all such data but may, at Yantra’s discretion, hold such data for such period as Yantra may decide, to allow the Client to collect it at the Client’s expense, subject to payment in the circumstances provided under the Act.
4.2 If the Customer has not, after the expiry full of 28 days from the making of a written demand by the Supplier for the payment thereof, paid the charges due from the Customer any amounts outstanding and payable to Yantra. Yantra shall further be entitled to post such notice in respect of the supply of Gas, the Supplier may, after the expiry of not less than 7 days’ notice of its intention:
(a) stop the Gas from entering the property either by cutting non-availability of the service pipe or by other means the Supplier Client’s Website as Yantra thinks fit and (b) recover the cost incurred in doing so from the Customer.
4.3 Where the supply of Gas to the Property has been cut off by the Supplier, no person shall, without the Supplier’s consent or except pursuant to any directions given by the Minister for Transport and Technical Services, restore the supply.
4.4 The Supplier may, after having supplied Gas to the Property where the Customer has not given a Depositfit. Services may be suspended, or has given a Deposit which has become invalid or insufficientsuspended during peak times, by Yantra without notice in writing require and without prejudice to Yantra Rights of Termination. No such suspension shall affect the Customer within a week from the service liability of the notice to give the Supplier a Deposit for the payment of all sums which may from time to time become due in respect of the supply of Gas, and if the Customer fails to comply with the terms of the notice, the Supplier may discontinue the supply of Gas to the Property for so long as the failure continues.
4.5 The Customer may, where no amounts are owing to the Supplier, terminate the Contract on giving not less than 5 Business Days’ written notice to the Supplier.
4.6 If the Customer vacates the Property without giving at least 24 hours’ notice in writing to the Supplier the Customer shall be liable Client to pay the Supplier all charges in respect of the supply of Gas to the Property accruing due up to whichever of the following first occurs: (a) the next usual day on which the register of the Meter fails to be ascertained at the Property and (b) the day from which any subsequent occupier of the property requires the Supplier to supply gas to the Property.
4.7 On termination of the Contract for any reason the Supplier shall raise an invoice in respect of all charges for Gas used which has not been invoiced, any Standing Charges which have not yet been invoiced and additional charges payable.
4.8 On termination of the Contract for any reason the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices (including any invoice(s) raised in accordance with clause 4.7) and interest.
4.9 On termination of the Contract for any reason, and provided no other amounts are owing to the Supplier, the Supplier shall pay the balance (if any) of the Deposit held by it together with any interest (at such rate as may from time to time be fixed by the Supplier) to the Customer within 60 days of termination.
4.10 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay any credit held by it in connection with the Customer’s account with the Supplier to the Customer within 60 days of termination.
4.11 Where more than one person signs the Domestic Customer Agreement, the Supplier may pay any amounts owing to the Customer to any signatory without incurring liability to any other signatory. If the Supplier pays any amounts owing to the Customer into the bank account the details of which are notified to the Supplier by the Customer, such payment shall be an effective discharge of the Supplier’s payment obligations.
4.12 The Customer agrees that if, upon the expiry of the period of 12 months following the termination of the Contract, the Supplier is holding any money on behalf of the Customer due to Yantra. During suspension Yantra reserves the fact that a cheque which the Supplier sent right to the Customer at the contact address notified to the Supplier by the Customer has been returned or cancelled by the bank or a BACS payment made to the bank account nominated by the Customer has been returned, the Supplier shall be released from its obligations to hold that money for the Customer and to pay that money to the Customer and shall become the legal and beneficial owner of that money.
4.13 Termination of the Contract, however arising, shall not affect any of the rights, remedies, obligations and/ or liabilities that have accrued to the Supplier and/ or the Customer prior to termination or which arise from termination.
4.14 If the Customer vacates the Property without paying all amounts due by way of charges in respect of the supply of Gas, the Supplier may refuse to supply Gas to release the Customer until the Customer pays the amounts dueClient’s Internet Address as issued by Yantra.
4.15 Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
Appears in 1 contract
Samples: Service Agreement
Termination and Suspension. 4.1 The Supplier may refuse to supply, or may discontinue the supply of, Gas to the Customer in the circumstances provided under the Act.
4.2 If the Customer has not, after the expiry of 28 days from the making of a written demand by the Supplier for the payment thereof, paid the charges due from the Customer in respect of the supply of Gas, the Supplier may, after the expiry of not less than 7 days’ notice of its intention:
(a) stop the Gas from entering the property either by cutting of the service pipe or by other means the Supplier thinks fit and (b) recover the cost incurred in doing so from the Customer.
4.3 Where the supply of Gas to the Property has been cut off by the Supplier, no person shall, without the Supplier’s consent or except pursuant to any directions given by the Minister for Transport and Technical Services, restore the supply.
4.4 The Supplier may, after having supplied Gas to the Property where the Customer has not given a Deposit, or has given a Deposit which has become invalid or insufficient, by notice in writing require the Customer within a week from the service of the notice to give the Supplier a Deposit for the payment of all sums which Owner may from time to time become due in respect of the supply of Gas, and if the Customer fails to comply with the terms of the notice, the Supplier may discontinue the supply of Gas to the Property for so long as the failure continues.
4.5 The Customer may, where no amounts are owing to the Supplier, terminate the Contract on giving not less than 5 Business Days’ forthwith by written notice to the Supplier.
4.6 If the Customer vacates the Property without giving at least 24 hours’ notice in writing to the Supplier the Customer shall be liable to pay the Supplier all charges in respect of the supply of Gas to the Property accruing due up to whichever Hirer if one or more of the following first occurs: events occur:
(ai) The Hirer defaults in punctual payment of any sum due to the next usual day on which Owner for hire of Plant or other charges payable pursuant to these conditions and fails to remedy such default within 10 working days or such other period as might be considered reasonable under the register circumstances upon receiving written notice requiring it to do so;
(ii) The Hirer fails to observe and perform the terms and conditions of the Meter Contract and fails to remedy such default within 10 working days of receiving written notice requiring it to do so;
(iii) The Hirer suffers, or the Owner reasonably believes that the Hirer shall suffer, any distress or execution to be ascertained at levied against them;
(iv) The Hirer makes or proposes to make any arrangement with their creditors or becomes insolvent within the Property meaning of Section 113 of the Housing Grants, Construction and Regeneration Xxx 0000 or any amendment or re-enactment thereof for the time being in force; or
(v) The Hirer does or causes to be done or permit or suffer any act or thing whereby the Owner’s rights in the Plant may be prejudiced or put into jeopardy.
(b) In the day from which any subsequent occupier event of termination under sub-paragraph (b) above:
(i) The Hirer must give the property requires Owner or the Supplier Owner’s agents, immediate unobstructed access to supply gas to recover the PropertyPlant.
4.7 On (ii) The Owner shall be entitled to claim the hire charges outstanding as at the date of termination of the Contract for any reason the Supplier shall raise an invoice in respect of all hire under this clause and return transport charges for Gas used which has not been invoiced, any Standing Charges which have not yet been invoiced and additional charges payableunder clause 31.
4.8 On termination of the Contract for any reason the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices (including any invoice(s) raised in accordance with clause 4.7) and interest.
4.9 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay the balance (if any) of the Deposit held by it together with any interest (at such rate as may from time to time be fixed by the Supplier) to the Customer within 60 days of termination.
4.10 On termination of the Contract for any reason, and provided no amounts are owing to the Supplier, the Supplier shall pay any credit held by it in connection with the Customer’s account with the Supplier to the Customer within 60 days of termination.
4.11 Where more than one person signs the Domestic Customer Agreement, the Supplier may pay any amounts owing to the Customer to any signatory without incurring liability to any other signatory. If the Supplier pays any amounts owing to the Customer into the bank account the details of which are notified to the Supplier by the Customer, such payment shall be an effective discharge of the Supplier’s payment obligations.
4.12 The Customer agrees that if, upon the expiry of the period of 12 months following the termination of the Contract, the Supplier is holding any money on behalf of the Customer due to the fact that a cheque which the Supplier sent to the Customer at the contact address notified to the Supplier by the Customer has been returned or cancelled by the bank or a BACS payment made to the bank account nominated by the Customer has been returned, the Supplier shall be released from its obligations to hold that money for the Customer and to pay that money to the Customer and shall become the legal and beneficial owner of that money.
4.13 Termination of the Contract, however arising, shall not affect any of the rights, remedies, obligations and/ or liabilities that have accrued to the Supplier and/ or the Customer prior to termination or which arise from termination.
4.14 If the Customer vacates the Property without paying all amounts due by way of charges in respect of the supply of Gas, the Supplier may refuse to supply Gas to the Customer until the Customer pays the amounts due.
4.15 Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
Appears in 1 contract
Samples: Plant Hire Agreement
