Common use of Your Failure to Perform Clause in Contracts

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.

Appears in 3 contracts

Samples: www.greenset.com, www.greenset.com, www.greenset.com

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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 YouNotice. 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 a Default shall not constitute a waiver or operate in as 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 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, matters which We determine determined to be due and owing by You, You are will also be responsible for all reasonable costs, including reasonable outside o u t s i d e 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 hereunderClaims.

Appears in 2 contracts

Samples: www.greenset.com, www.greenset.com

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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 remit, within 3 working days from such Notice, that amount due and owing per Our dispatched Notice to YouNotice. 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 a Default shall not constitute a waiver or operate in as 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 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, matters which We determine determined to be due and owing by You, You are will also be responsible for all reasonable costs, including reasonable outside o u t s i d e 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 hereunderClaims.

Appears in 1 contract

Samples: www.greenset.com

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