Your Failure to Perform. If You fail to pay any portion or installment of the total fees payable per this T&C or You otherwise breach this T&C or any of the covenants hereof, then such failure or breach shall constitute a default (“Default”). If We determine the occurrence of a Default by You, We agree to provide You with written notice (the “Notice”) of the Default, describing in general terms the nature of the Default and the manner and reasonable opportunity to cure such Default; provided, however, if the Default is of the nature a failure to pay money (e.g. rental fees) then You are required to immediately remit that amount due and owing per Our dispatched Notice to You. Upon the occurrence of any such Default, and in addition to all other rights and remedies available at law or in equity, We shall have the right, at Our option, to terminate this T&C and cease performance hereunder, including, without limitation, the immediate retrieval and recovery of Our Props regardless wherever so located, provided We have provided You prior Notice and a reasonable opportunity to cure such Default other than the payment of money in which there is no grace period. You further agree that the continuation of Our performance hereunder after Our discovery of Your Default shall not constitute a waiver or operate in any form of estoppel with respect to Our later assertion of the right to cease or suspend such performance at any time so long as such Default has not been cured, other than if this T&C is terminated by Us. In addition to those items and matters, including rental fees, which We determine to be due and owing by You, You are also be responsible for all reasonable costs, including reasonable outside attorney’s fees, incurred with respect to the recovering and collecting of Our Props from You as well as Our Claims to the extent You are contractually obligated or to indemnify Us hereunder.
Your Failure to Perform. The University will notify you in writing of any missed payment. You are entitled to at least seventy-two (72) hours to cure the deficiency. If your missed payment is not rectified, it shall constitute a material breach of these Terms. The University is not obligated to provide notice or any opportunity to cure if you fail to perform according to these Terms in any other manner, and if any such opportunity to cure is extended to you, it is gratuitous and may be withdrawn or cancelled by the University in its sole and absolute discretion.
Your Failure to Perform. The Purchaser does not have to pay for any Services until they are rendered in accordance with the Contract. The Supplier must fix any defects, or correctly re- perform defective Services if asked to do so by the Purchaser. The Purchaser must allow a reasonable time for the Supplier to do this. If the Supplier cannot: • fix the defects; or • re-perform the Services, at all (or within the reasonable time specified by the Purchaser), then the Purchaser may pay a third party to perform the Services or remedy the defect and charge the Supplier the reasonable cost of doing so. The Purchaser’s rights under this clause continue even after a Contract is terminated.
