Common use of Termination of Service or Product Rental Clause in Contracts

Termination of Service or Product Rental. 15.1.1 The occurrence or happening of any one or more of the following events will constitute an event of default if not remedied within ten (10) days after notice from GDS: 15.1.1.1 use of the Services and/or Products in any manner or for any purpose contrary to law; 15.1.1.2 abuse or fraudulent use of the Services and/or Products; 15.1.1.3 failure to make any payments when due; 15.1.1.4 discovery by GDS that any representation or warranty made by CUSTOMER in any document furnished by CUSTOMER to GDS is incorrect; 15.1.1.5 breach or violation of any of this Contract by the COSTUMER; or 15.1.1.6 commencement of any proceeding, whether voluntarily or involuntarily, relating to the CUSTOMER under any law relating to insolvency, bankruptcy, or the protection of creditors' rights generally. 15.1.2 In the event of default, GDS may, at GDS’s' sole option and without in any way limiting any other rights and remedies it may have, suspend or terminate the Services and/or Products without notice. GDS will xxxx CUSTOMER and CUSTOMER will pay GDS, in accordance with Article 13, for all outstanding charges accrued up to and outstanding on the date of such termination. In all such cases, GDS will incur no liability whatsoever. CUSTOMER will be liable for all costs and expenses incurred by GDS due to default by CUSTOMER, including but not limited to legal costs. 15.1.3 IN THE EVENT THAT GDS TERMINATES THIS CONTRACT AND THE SERVICES AND/OR PRODUCTS FOR A FAILURE TO PAY OR ANY OTHER BREACH, OR DEFAULT, CUSTOMER AGREES TO PAY GDS IMMEDIATELY A TERMINATION FEE, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, EQUAL TO THE NUMBER OF MONTHS REMAINING IN THE TERM TIMES THE AVERAGE MONTHLY CHARGE PRIOR TO TERMINATION. CUSTOMER ACKNOWLEDGES THAT THE PRECISE AMOUNT OF GDS’S DAMAGES WOULD BE EXTREMELY DIFFICULT TO CALCULATE AND THAT SUCH PAYMENT REPRESENTS A REASONABLE ESTIMATE OF GDS’S ACTUAL DAMAGES. 15.1.4 GDS may, with no liability whatsoever, suspend or terminate Services and/or Products to CUSTOMER if lawfully ordered to cease operation of such Services and/or Products by the Federal Communications Commission, a state or federal court of law, or any other lawful federal, state or local governmental authority. If at any time during the term of any Service or Products any equipment, facilities, or property used by GDS to provide Services to CUSTOMER are taken for a public or quasi-public purpose by a lawful power or authority under the exercise of right of condemnation or eminent domain, GDS will have the right, upon written notice to CUSTOMER, to terminate Services and/or Products affected by the taking.

Termination of Service or Product Rental. 15.1.1 14.1.1 The occurrence or happening of any one or more of the following events will constitute an event of default if not remedied within ten (10) days after notice from GDS: 15.1.1.1 14.1.1.1 use of the Services and/or Products in any manner or for any purpose contrary to law; 15.1.1.2 14.1.1.2 abuse or fraudulent use of the Services and/or Products; 15.1.1.3 14.1.1.3 failure to make any payments when due; 15.1.1.4 14.1.1.4 discovery by GDS that any representation or warranty made by CUSTOMER in any document furnished by CUSTOMER to GDS is incorrect; 15.1.1.5 14.1.1.5 breach or violation of any of this Contract by the COSTUMER; or 15.1.1.6 14.1.1.6 commencement of any proceeding, whether voluntarily or involuntarily, relating to the CUSTOMER under any law relating to insolvency, bankruptcy, bankruptcy or the protection of creditors' rights generally. 15.1.2 14.1.2 In the event of default, GDS may, at GDS’s' sole option and without in any way limiting any other rights and remedies it may have, suspend or terminate the Services and/or Products without notice. GDS will xxxx CUSTOMER and CUSTOMER will pay GDS, in accordance with Article 13, for all outstanding charges accrued up to and outstanding on the date of such termination. In all such cases, GDS will incur no liability whatsoever. CUSTOMER will be liable for all costs and expenses incurred by GDS due to default by CUSTOMER, including but not limited to legal costs. 15.1.3 14.1.3 IN THE EVENT THAT GDS TERMINATES THIS CONTRACT AND THE SERVICES ANDSERVICESAND/OR PRODUCTS FOR PRODUCTSFOR A FAILURE TO PAY OR ANY OTHER BREACH, OR DEFAULT, CUSTOMER AGREES TO PAY GDS IMMEDIATELY A TERMINATION FEE, AS LIQUIDATED DAMAGES AND NOT AS A DAMAGESAND NOTASA PENALTY, EQUAL TO THE NUMBER OF MONTHS REMAINING IN THE TERM TIMES EQUALTOTHENUMBEROF MONTHSREMAININGIN THETERMTIMES THE AVERAGE MONTHLY CHARGE PRIOR TO TERMINATION. CUSTOMER ACKNOWLEDGES THAT THE PRECISE AMOUNT OF GDS’S DAMAGES WOULD BE EXTREMELY DIFFICULT TO CALCULATE AND THAT SUCH PAYMENT REPRESENTS A REASONABLE ESTIMATE OF GDS’S ACTUAL GDS’SACTUAL DAMAGES. 15.1.4 14.1.4 GDS may, with no liability whatsoever, suspend or terminate Services and/or Products to CUSTOMER if lawfully ordered to cease operation of such Services and/or Products by the Federal Communications Commission, a state or federal court of law, or any other lawful federal, state or local governmental authority. If at any time during the term of any Service or Products any equipment, facilities, or property used by GDS to provide Services to CUSTOMER are taken for a public or quasi-public purpose by a lawful power or authority under the exercise of right of condemnation or eminent domain, GDS will have the right, upon written notice to CUSTOMER, to terminate Services and/or Products affected by the taking.

Termination of Service or Product Rental. 15.1.1 14.1.1 The occurrence or happening of any one or more of the following events will constitute an event of default if not remedied within ten (10) days after notice from GDS: 15.1.1.1 14.1.1.1 use of the Services and/or Products in any manner or for any purpose contrary to law; 15.1.1.2 14.1.1.2 abuse or fraudulent use of the Services and/or Products; 15.1.1.3 14.1.1.3 failure to make any payments when due; 15.1.1.4 14.1.1.4 discovery by GDS that any representation or warranty made by CUSTOMER in any document furnished by CUSTOMER to GDS is incorrect; 15.1.1.5 14.1.1.5 breach or violation of any of this Contract by the COSTUMER; or 15.1.1.6 14.1.1.6 commencement of any proceeding, whether voluntarily or involuntarily, relating to the CUSTOMER under any law relating to insolvency, bankruptcy, bankruptcy or the protection of creditors' rights generally. 15.1.2 14.1.2 In the event of default, GDS may, at GDS’s' sole option and without in any way limiting any other rights and remedies it may have, suspend or terminate the Services and/or Products without notice. GDS will xxxx CUSTOMER and CUSTOMER will pay GDS, in accordance with Article 13, for all outstanding charges accrued up to and outstanding on the date of such termination. In all such cases, GDS will incur no liability whatsoever. CUSTOMER will be liable for all costs and expenses incurred by GDS due to default by CUSTOMER, including but not limited to legal costs. 15.1.3 IN THE EVENT THAT GDS TERMINATES THIS CONTRACT AND THE SERVICES AND14.1.3 INTHEEVENTTHATGDSTERMINATESTHISCONTRACTANDTHESERVICESAND/OR PRODUCTS FOR A FAILURE TO PAY OR ANY OTHER ORPRODUCTSFORAFAILURETOPAYORANYOTHER BREACH,ORDEFAULT, OR DEFAULT, CUSTOMER AGREES TO PAY GDS IMMEDIATELY A TERMINATION FEE, AS LIQUIDATED DAMAGES AND NOT AS A CUSTOMERAGREESTOPAYGDSIMMEDIATELYATERMINATIONFEE,ASLIQUIDATEDDAMAGESANDNOTASA PENALTY, EQUAL TO THE NUMBER OF MONTHS REMAINING IN THE TERM TIMES THE AVERAGE MONTHLY CHARGE PRIOR TO ,EQUALTO THENUMBEROFMONTHSREMAININGINTHETERMTIMES THEAVERAGEMONTHLYCHARGEPRIORTO TERMINATION. CUSTOMER ACKNOWLEDGES THAT THE PRECISE AMOUNT OF GDS’S DAMAGES WOULD BE EXTREMELY DIFFICULT TO CALCULATE AND THAT SUCH PAYMENT REPRESENTS A REASONABLE ESTIMATE OF GDS’S ACTUAL DAMAGESACKNOWLEDGESTHATTHEPRECISEAMOUNTOFGDS’SDAMAGESWOULDBEEXTREMELYDIFFICULTTO CALCULATEANDTHATSUCHPAYMENTREPRESENTSAREASONABLEESTIMATEOFGDS’SACTUALDAMAGES. 15.1.4 14.1.4 GDS may, with no liability whatsoever, suspend or terminate Services and/or Products to CUSTOMER if lawfully ordered to cease operation of such Services and/or Products by the Federal Communications Commission, a state or federal court of law, or any other lawful federal, state or local governmental authority. If at any time during the term of any Service or Products any equipment, facilities, or property used by GDS to provide Services to CUSTOMER are taken for a public or quasi-public purpose by a lawful power or authority under the exercise of right of condemnation or eminent domain, GDS will have the right, upon written notice to CUSTOMER, to terminate Services and/or Products affected by the taking.