Customer Breach. Each of the following constitutes a breach by Customer and shall give Company the right, without an election of remedies, to suspend performance or terminate this Agreement by delivery of written notice declaring termination. Upon termination, Customer shall be liable to the Company for all Services furnished to date and all damages sustained by Company (including lost profit and overhead): (a) Any failure by Customer to pay amounts when due; (b) any general assignment by Customer for the benefit of its creditors, Customer’s bankruptcy, insolvency, or receivership; (c) Any representation or warranty furnished by Customer in connection with this Agreement is false or misleading in any material respect when made; or (d) Any failure by Customer to perform or comply with any material provision of this Agreement.
Customer Breach. Each of the following events or conditions shall constitute a breach by Customer and shall give Company the right, without an election of remedies, to terminate this Agreement, require payment prior to shipping, or suspend performance by delivery of written notice: (1) Any failure by Customer to pay amounts when due; (2) any general assignment by Customer for the benefit of its creditors, or if Customer becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors, or makes or proposes to make any proposal or arrangement with creditors, or if any steps are taken for the winding up or other termination of Customer or the liquidation of its assets, or if a trustee, receiver, or similar person is appointed over any of the assets or interests of Customer; (3) Any representation or warranty furnished by Customer in connection with this Agreement is false or misleading in any material respect when made; or (4) Any failure by Customer to perform or comply with any material provision of this Agreement. Customer shall be liable to the Company for all Equipment furnished and all damages sustained by Company (including lost profit and overhead).
Customer Breach. Each of the following constitutes a breach by Customer and shall give Company the right, without an election of remedies, to suspend performance or terminate this Agreement by delivery of written notice declaring termination. Upon termination, Customer shall be liable to the Company for all Services furnished to date and all damages sustained by Company (including lost profit and overhead): (a) Any failure by Customer to pay amounts when due;
Customer Breach. 1. In addition to the other remedies in this Agreement; Sprint may stop providing Service and terminate the Agreement immediately without notice if Customer breaches Section V or VI of the Agreement. If Customer breaches any other provision of this Agreement and fails to cure the breach within 30 days of receiving written notice of the breach from Sprint (or such other period as may be specified in a particular Section), Sprint may, in addition to other remedies available in law or equity, do one or more of the following:
Customer Breach. Upon Xxxxxxxx’s termination of this Agreement pursuant to this section 13 due to the Customer’s breach of contract, the Customer shall indemnify Logtrade in respect of all obligations to third parties that the Customer has entered into due to the Subscription Agreement at the time the Subscription Agreement terminates and reimburse Logtrade for any other costs, losses due to breach of contract.
Customer Breach. If the Customer breaches any of the provisions of clauses 3, 4 or 6 of these terms and conditions, Paninsight will be entitled to immediately terminate the Customer's access and/or, at the option of Paninsight, if the Customer has commercially exploited the Software, to charge the Customer for such use of the Software at Paninsight's standard rates for such use from time to time. Failure to pay any amount due under these terms and conditions within 30 days of the due date for payment will, without limitation, be a material breach for the purposes of this clause
Customer Breach. Each of the following events or conditions shall constitute a breach by Customer and shall give Company the right, without an election of remedies, to terminate this Agreement, require payment prior to shipping, or suspend performance by delivery of written notice declaring termination, upon which event Customer shall be liable to the Company for all Services furnished to date and all damages sustained by Company (including lost profit and overhead): (1) Any failure by Customer to pay amounts when due; or (2) any general assignment by Customer for the benefit of its creditors, or if Customer becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors, or makes or proposes to make any proposal or arrangement with creditors, or if any steps are taken for the winding up or other termination of Customer or the liquidation of its assets, or if a trustee, receiver, or similar person is appointed over any of the assets or interests of Customer; (3) Any representation or warranty furnished by Customer in connection with this Agreement is false or misleading in any material respect when made; or (4) Any failure by Customer to perform or comply with any material provision of this Agreement.
Customer Breach. If the Customer breaches any of the provisions of clauses 3, 4 or 6 of these terms and conditions, Paninsight will be entitled to immediately terminate the Customer's access and/or, at the option of Paninsight, if the Customer has commercially exploited the Software, to charge the Customer for such use of the Software at Paninsight's standard rates for such use from time to time. Failure to pay any amount due under these terms and conditions within 30 days of the due date for payment will, without limitation, be a material breach for the purposes of this clause Error. Customer may terminate this agreement immediately in the event of an Error which has not been resolved by Paninsight within 7 days of notice by the Customer pursuant to clause 6.1 below, provided that the Error is not due to one of the Excluded Causes. Effect of termination. Upon termination of this agreement, Customer will immediately cease using the Software. Each party will comply with clause 7 with respect to return of Confidential Information. FEES
Customer Breach. If you are in breach of any of your agreements with Servers Australia when Downtime occurs, including but not limited to overdue accounts, you will not be entitled to make a claim under this SLA.
Customer Breach. In the event of a breach by a Customer of the terms of a License Agreement, SS&C will promptly notify GFI Caminus and take all reasonable steps which may be necessary to remedy the breach, including taking actions for seizure or injunctive relief. For each License Agreement which is terminated, SS&C will provide GFI Caminus with prompt written notice and the reason for termination.
