Common use of Termination by Xxxxxxxxx Clause in Contracts

Termination by Xxxxxxxxx. If Customer fails to make any of the payments required by the Agreement, fails to keep the Equipment in proper working condition, misuses the Equipment in any manner, does not keep or perform any of the conditions set out herein, breaches this Agreement or if Customer becomes insolvent, files a petition for bankruptcy, commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors, Xxxxxxxxx may terminate the Agreement and Customers rights under the Agreement, declare the balance of all unpaid amounts and all other charges of any kind required of Customer under the Agreement to be payable immediately, and be entitled to the balance due together with interest at the rate of 10% per annum from the date of notification, and repossess the Equipment without legal process free of all rights of Customer to the Equipment. Customer authorizes Xxxxxxxxx or Xxxxxxxxx’x agent to enter onto any premises where the Equipment is located and repossess and remove it. Customer specifically waives any right of action Customer might otherwise have arising out of the aforementioned entry and repossession and releases Hawthorne of any claim for trespass or damage caused by reason of the entry, repossession, or removal. Customer will reimburse Hawthorne for all reasonable expenses of repossession and enforcement of Xxxxxxxxx'x rights and remedies, together with interest at the rate of 10% per annum from the date of payment. Notwithstanding any other provision of this Lease, Customer will pay, subject to any limits under applicable law, Xxxxxxxxx'x attorneys' fees and legal expenses of any kind to enforce any provision in this Agreement.

Termination by Xxxxxxxxx. Xxxxxxxxx may terminate this Agreement for any reason upon giving Customer thirty (30) days’ prior written notice. Hawthorne may terminate this Agreement immediately upon the occurrence of a Material Breach as defined in these Terms and Conditions. If Customer fails to make any of the payments required by the Agreement, fails to keep the Equipment in proper working condition, misuses the Equipment in any manner, does not keep or perform any of the conditions set out herein, breaches this Agreement or if Customer becomes insolvent, files a petition for bankruptcy, commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors, Xxxxxxxxx creditors Hawthorne may terminate the Agreement and Customers rights under the Agreement, declare the balance of all unpaid amounts and all other charges of any kind required of Customer under the Agreement to be payable immediately, and be entitled to the balance due together with interest at the rate of 10% per annum from the date of notification, and repossess the Equipment without legal process free of all rights of Customer to the Equipment. Customer authorizes Xxxxxxxxx or Xxxxxxxxx’x agent to enter onto any premises where the Equipment is located and repossess and remove it. Customer specifically waives any right of action Customer might otherwise have arising out of the aforementioned entry and repossession and releases Hawthorne of any claim for trespass or damage caused by reason of the entry, repossession, or removal. Customer will reimburse Hawthorne for all reasonable expenses of repossession and enforcement of Xxxxxxxxx'x rights and remedies, together with interest at the rate of 10% per annum from the date of payment. Notwithstanding any other provision of this LeaseAgreement, Customer will pay, subject to any limits under applicable law, Xxxxxxxxx'x attorneys' fees and legal expenses of any kind to enforce any provision in this Agreement.

Termination by Xxxxxxxxx. If Customer fails to make any of the payments required by the Agreement, fails to keep the Equipment in proper working condition, misuses the Equipment in any manner, does not keep or perform any of the conditions set out herein, breaches this Agreement Agreement, or if Customer becomes insolvent, files a petition for bankruptcy, commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors, Xxxxxxxxx Hawthorne may terminate the Agreement and Customers rights under the Agreement, declare the balance of all unpaid amounts and all other charges of any kind required of Customer under the Agreement to be payable immediately, and be entitled to the balance due together with interest at the rate of 10% per annum from the date of notification, and repossess the Equipment Parts without legal process free of all rights of Customer to the EquipmentCustomer. Customer authorizes Xxxxxxxxx or Xxxxxxxxx’x agent to enter onto any premises where the Equipment is Parts are located and repossess and remove it. Customer specifically waives any right of action Customer might otherwise have arising out of the aforementioned entry and repossession and releases Hawthorne of any claim for trespass or damage caused by reason of the entry, repossession, or removal. Customer will reimburse Hawthorne for all reasonable expenses of repossession and enforcement of Xxxxxxxxx'x rights and remedies, together with interest at the rate of 10% per annum from the date of payment. Notwithstanding any other provision of this Lease, Customer will pay, subject to any limits under applicable law, Xxxxxxxxx'x attorneys' fees and legal expenses of any kind to enforce any provision in this Agreement.