Common use of DEFAULT AND DEFAULT ACTION Clause in Contracts

DEFAULT AND DEFAULT ACTION. (a) The ▇▇▇▇▇▇ acknowledges that all goods stored in the Space are subject to a contractual lien for Fees owing to the FO by the ▇▇▇▇▇▇. Notwithstanding clause 29 and subject to clause 7(c), if any Fees are not paid in full within 42 days of the due date, the FO may keep and retain for itself the Deposit and enter the Space, by force if necessary, to take possession of the goods stored for the purposes of taking one or more of the following actions (in the FO's sole discretion): (i) sell the goods on such terms that the FO may determine in its sole discretion (which may include a sale in one or more lots b y private arrangement or public auction); and/or (ii) (if such goods remain unsold after being offered for sale or, in the FO's reasonable opinion, are unsaleable, of insufficient value to warrant a formal sale process or pose a health and safety risk) dispose of such goods in any manner the FO sees fit, (each of the above actions being a Default Action). The ▇▇▇▇▇▇ consents to any Default Action being taken under this clause 7(a), regardless of the nature or value of such goods. (b) For the purposes of the PPSA, the FO is deemed to be in possession of the goods stored in the Space from the moment the FO exercises its rights under this Agreement to access the Space without the ▇▇▇▇▇▇'▇ consent. (c) The FO will provide at least 14 days' written notice to the ▇▇▇▇▇▇ that the ▇▇▇▇▇▇ is in default of this Agreement before taking any Default Action, providing the Storerwithreasonable timetorectifyitsdefault. (d) If any funds are recovered by the FO from any Default Action, such funds shall be applied by the FO as follows: (i) first, to pay the FO's costs of, and associated with, taking any Default Action; (ii) second, subject to any rights of third parties under the PPSA, to pay all outstanding Fees owed by the ▇▇▇▇▇▇ and any costs or expenses incurred by the FO in connection with accessing the Space and maintaining the goods until Default Action was taken; and (iii) third, any excess funds will be returned to the ▇▇▇▇▇▇ within 6 months of the Default Action being completed. If the ▇▇▇▇▇▇ cannot be located, excess funds will be deposited with the Public Trustee or equivalent authority. (e) If the ▇▇▇▇▇▇ has more than one storage space or storage unit with the FO, default in respect of Fees payable relating to any of those storage spaces or unit(s) entitles the FO to take Default Action in respect of all of such storage spaces or unit(s). (f) If the FO reasonably believes it is a health and safety risk to conduct an inventory of goods stored in the Space, the FO may take Default Action without undertaking such an inventory. In such circumstances, the FO need not open or empty bags or boxes to assess the contents and may instead dispose of all bagged and/or boxed items without opening them. (g) This clause 7 survives termination of this Agreement.

DEFAULT AND DEFAULT ACTION. (a) The ▇▇▇▇▇▇ acknowledges that all goods stored in the Space are subject to a contractual lien for Fees owing to the FO by the ▇▇▇▇▇▇. Notwithstanding clause 29 and subject to clause 7(c), if any Fees are not paid in full within 42 days of the due date, the FO may keep and retain for itself the Deposit and enter the Space, by force if necessary, to take possession of the goods stored for the purposes of taking one or more of the following actions (in the FO's sole discretion): (i) sell the goods on such terms that the FO may determine in its sole discretion (which may include a sale in one or more lots b y by private arrangement or public auction); and/or (ii) (if such goods remain unsold after being offered for sale or, in the FO's reasonable opinion, are unsaleable, of insufficient value to warrant a formal sale process or pose a health and safety risk) dispose of such goods in any manner the FO sees fit, (each of the above actions being a Default Action). The ▇▇▇▇▇▇ consents to any Default Action being taken under this clause 7(a), regardless of the nature or value of such goods. (b) For the purposes of the PPSA, the FO is deemed to be in possession of the goods stored in the Space from the moment the FO exercises its rights under this Agreement to access the Space without the ▇▇▇▇▇▇'▇ consent. (c) The FO will provide at least 14 days' written notice to the ▇▇▇▇▇▇ that the ▇▇▇▇▇▇ is in default of this Agreement before taking any Default Action, providing the Storerwithreasonable timetorectifyitsdefault▇▇▇▇▇▇ with reasonable time to rectify its default. (d) If any funds are recovered by the FO from any Default Action, such funds shall be applied by the FO as follows: (i) first, to pay the FO's costs of, and associated with, taking any Default Action; (ii) second, subject to any rights of third parties under the PPSA, to pay all outstanding Fees owed by the ▇▇▇▇▇▇ and any costs or expenses incurred by the FO in connection with accessing the Space and maintaining the goods until Default Action was taken; and (iii) third, any excess funds will be returned to the ▇▇▇▇▇▇ within 6 months of the Default Action being completed. If the ▇▇▇▇▇▇ cannot be located, excess funds will be deposited with the Public Trustee or equivalent authority. (e) If the ▇▇▇▇▇▇ has more than one storage space or storage unit with the FO, default in respect of Fees payable relating to any of those storage spaces or unit(s) entitles the FO to take Default Action in respect of all of such storage spaces or unit(s). (f) If the FO reasonably believes it is a health and safety risk to conduct an inventory of goods stored in the Space, the FO may take Default Action without undertaking such an inventory. In such circumstances, the FO need not open or empty bags or boxes to assess the contents and may instead dispose of all bagged and/or boxed items without opening them. (g) This clause 7 survives termination of this Agreement.

DEFAULT AND DEFAULT ACTION. (a) The ▇▇▇▇▇▇ acknowledges that all goods stored in the Space are subject to a contractual lien lien, for Fees owing to the FO by the ▇▇▇▇▇▇. Notwithstanding clause 29 35 and subject to clause 7(c), if if: any Fees are not paid in full within 42 days of the due date, the FO may keep and retain for itself the Deposit and enter the Space, by force if necessary, to take possession of the goods stored for the purposes of taking one or more of the following actions (in the FO's sole discretion): (i) sell the goods on such terms that the FO may determine in its sole discretion (which may include a sale in one or more lots b y by private arrangement or public auction); and/or (ii) (if such goods remain unsold after being offered for sale or, in the FO's reasonable opinion, are unsaleable, of insufficient value to warrant a formal sale process or pose a health and safety risk) dispose of such goods in any manner the FO sees fit, ; (each of the above actions being a Default Action). The ▇▇▇▇▇▇ consents to any Default Action being taken under this clause 7(a), regardless of the nature or value of such goods. For the avoidance of doubt, the FO may take Default Action without terminating this Agreement. (b) For the purposes of the PPSA, the FO is deemed to be in possession of the goods stored in the Space from the moment the FO exercises its rights under this Agreement to access the Space without the ▇▇▇▇▇▇'▇ consent. (c) The FO will provide at least 14 days' written notice to the ▇▇▇▇▇▇ that the ▇▇▇▇▇▇ is in default of this Agreement before taking any Default Action, providing the Storerwithreasonable timetorectifyitsdefault▇▇▇▇▇▇ with reasonable time to rectify its default. (d) If any funds are recovered by the FO from any Default Action, such funds shall be applied by the FO as follows: (i) first, to pay the FO's costs of, and associated with, taking any Default Action; (ii) second, subject to any rights of third parties under the PPSA, to pay all outstanding Fees owed by the ▇▇▇▇▇▇ and any costs or expenses incurred by the FO in connection with accessing the Space and maintaining the goods goods, until Default Action was taken; and (iii) third, any excess funds will be returned to the ▇▇▇▇▇▇ within 6 months of the Default Action being completed. If the ▇▇▇▇▇▇ cannot be located, excess funds will be deposited with the Public Trustee or equivalent authority. (e) If the ▇▇▇▇▇▇ has more than one storage space or storage unit with the FO, default in respect of Fees payable relating to any of those storage spaces or unit(s) ), entitles the FO to take Default Action in respect of all of such storage spaces or unit(s)spaces. (f) If the FO reasonably believes it is a health and safety risk to conduct an inventory of goods stored in the Space, the FO may take Default Action without undertaking such an inventory. In such circumstances, the FO need not open or empty bags or boxes to assess the contents and may instead dispose of all bagged and/or boxed items without opening them. (g) This clause 7 survives termination of this Agreement.

DEFAULT AND DEFAULT ACTION. (a) The ▇▇▇▇▇▇ acknowledges that all goods stored in the Space are subject to a contractual lien for Fees owing to the FO by the ▇▇▇▇▇▇. Notwithstanding clause 29 and subject to clause 7(c), if any Fees are not paid in full within 42 days of the due date, the FO may keep and retain for itself the Deposit and enter the Space, by force if necessary, to take possession of the goods stored for the purposes of taking one or more of the following actions (in the FO's sole discretion): (i) sell the goods on such terms that the FO may determine in its sole discretion (which may include a sale in one or more lots b y private arrangement or public auction); and/or (ii) (if such goods remain unsold after being offered for sale or, in the FO's reasonable opinion, are unsaleable, of insufficient value to warrant a formal sale process or pose a health and safety risk) dispose of such goods in any manner the FO sees fit, (each of the above actions being a Default Action). The ▇▇▇▇▇▇ consents to any Default Action being taken under this clause 7(a), regardless of the nature or value of such goods. (b) For the purposes of the PPSA, the FO is deemed to be in possession of the goods stored in the Space from the moment the FO exercises its rights under this Agreement to access the Space without the ▇▇▇▇▇▇'▇ consent. (c) The FO will provide at least 14 days' written notice to the ▇▇▇▇▇▇ that the ▇▇▇▇▇▇ is in default indefault of this Agreement before taking any Default Action, providing the Storerwithreasonable timetorectifyitsdefault. (d) If any funds are recovered by the FO from any Default Action, such funds shall be applied by the FO as follows: (i) first, to pay the FO's costs of, and associated with, taking any Default Action; (ii) second, subject to any rights of third parties under the PPSA, to pay all outstanding Fees owed by the ▇▇▇▇▇▇ and any costs or expenses incurred by the FO in connection with accessing the Space and maintaining the goods until Default Action was taken; and (iii) third, any excess funds will be returned to the ▇▇▇▇▇▇ within 6 months of the Default Action being completed. If the ▇▇▇▇▇▇ cannot be located, excess funds will be deposited with the Public Trustee or equivalent authority. (e) If the ▇▇▇▇▇▇ has more than one storage space or storage unit with the FO, default in respect of Fees payable relating to any of those storage spaces or unit(s) entitles the FO to take Default Action in respect of all of such storage spaces or unit(s). (f) If the FO reasonably believes it is a health and safety risk to conduct an inventory of goods stored in the Space, the FO may take Default Action without undertaking such an inventory. In such circumstances, the FO need not open or empty bags or boxes to assess the contents and may instead dispose of all bagged and/or boxed items without opening them. (g) This clause 7 survives termination of this Agreement.

DEFAULT AND DEFAULT ACTION. (a) The ▇▇▇▇▇▇ acknowledges that all goods stored in the Space are subject to a contractual lien for Fees owing to the FO by the ▇▇▇▇▇▇. Notwithstanding clause 29 and subject to clause 7(c), if any Fees are not paid in full within 42 days of the due date, the FO may keep and retain for itself the Deposit and enter the Space, by force if necessary, to take possession of the goods stored for the purposes of taking one or more of the following actions (in the FO's sole discretion): (i) sell the goods on such terms that the FO may determine in its sole discretion (which may include a sale in one or more lots b y private arrangement or public auction); and/or (ii) (if such goods remain unsold after being offered for sale or, in the FO's reasonable opinion, are unsaleable, of insufficient value to warrant a formal sale process or pose a health and safety risk) dispose of such goods in any manner the FO sees fit, (each of the above actions being a Default Action). The ▇▇▇▇▇▇ consents to any Default Action being taken under this clause 7(a), regardless of the nature or value of such goods. (b) For the purposes of the PPSA, the FO is deemed to be in possession of the goods stored in the Space from the moment the FO exercises its rights under this Agreement to access the Space without the ▇▇▇▇▇▇'▇ consent. (c) The FO will provide at least 14 days' written notice to the ▇▇▇▇▇▇ that the ▇▇▇▇▇▇ is in default indefault of this Agreement before taking any Default Action, providing the Storerwithreasonable timetorectifyitsdefaultStorerwithreasonabletime to rectify its default. (d) If any funds are recovered by the FO from any Default Action, such funds shall be applied by the FO as follows: (i) first, to pay the FO's costs of, and associated with, taking any Default Action; (ii) second, subject to any rights of third parties under the PPSA, to pay all outstanding Fees owed by the ▇▇▇▇▇▇ and any costs or expenses incurred by the FO in connection with accessing the Space and maintaining the goods until Default Def ▇▇▇▇ Action was taken; and (iii) third, any excess funds will be returned to the ▇▇▇▇▇▇ within 6 months of the Default Action being completed. If the ▇▇▇▇▇▇ cannot be located, excess funds will be deposited with the Public Trustee or equivalent authority. (e) If the ▇▇▇▇▇▇ has more than one storage space or storage unit with the FO, default in respect of Fees payable relating to any of those t hose storage spaces or unit(s) entitles the FO to take Default Action in respect of all of such storage spaces or unit(s). (f) If the FO reasonably believes it is a health and safety risk to conduct an inventory of goods stored in the Space, the FO may take Default Action without undertaking such an inventory. In such circumstances, the FO need not open or empty bags or boxes to assess the contents and may instead dispose of all bagged and/or boxed items without opening them. (g) This clause 7 survives termination of this Agreement.

DEFAULT AND DEFAULT ACTION. (a) The ▇▇▇▇▇▇ acknowledges that all goods stored in the Space are subject to a contractual lien for Fees owing to the FO by the ▇▇▇▇▇▇. Notwithstanding clause 29 and subject to clause 7(c), if any Fees are not paid in full within 42 days of the due date, the FO may keep and retain for itself the Deposit and enter the Space, by force if necessary, to take possession of the goods stored for the purposes of taking one or more of the following actions (in the FO's sole discretion): (i) sell the goods on such terms that the FO may determine in its sole discretion (which may include a sale in one or more lots b y by private arrangement or public auction); and/or (ii) (if such goods remain unsold after being offered for sale or, in the FO's reasonable opinion, are unsaleable, of insufficient value to warrant a formal sale process or pose a health and safety risk) dispose of such goods in any manner the FO sees fit, (each of the above actions being a Default Action). The ▇▇▇▇▇▇ consents to any Default Action being taken under this clause 7(a), regardless of the nature or value of such goods. (b) For the purposes of the PPSA, the FO is deemed to be in possession of the goods stored in the Space from the moment the FO exercises its rights under this Agreement to access the Space without the ▇▇▇▇▇▇'▇ consent. (c) The FO will provide at least 14 days' written notice to the ▇▇▇▇▇▇ that the ▇▇▇▇▇▇ is in default of this Agreement before taking any Default Action, providing the Storerwithreasonable timetorectifyitsdefault▇▇▇▇▇▇ withreasonable time torectify its default. (d) If any funds are recovered by the FO from any Default Action, such funds shall be applied by the FO as follows: (i) first, to pay the FO's costs of, and associated with, taking any Default Action; (ii) second, subject to any rights of third parties under the PPSA, to pay all outstanding Fees owed by the ▇▇▇▇▇▇ and any costs or expenses incurred by the FO in connection with accessing the Space and maintaining the goods until Default Action was taken; and (iii) third, any excess funds will be returned to the ▇▇▇▇▇▇ within 6 months of the Default Action being completed. If the ▇▇▇▇▇▇ cannot be located, excess funds will be deposited with the Public Trustee or equivalent authority. (e) If the ▇▇▇▇▇▇ has more than one storage space or storage unit with the FO, default in respect of Fees payable relating to any of those storage spaces or unit(s) entitles the FO to take Default Action in respect of all of such storage spaces or unit(s). (f) If the FO reasonably believes it is a health and safety risk to conduct an inventory of goods stored in the Space, the FO may take Default Action without undertaking such an inventory. In such circumstances, the FO need not open or empty bags or boxes to assess the contents and may instead dispose of all bagged and/or boxed items without opening them. (g) This clause 7 survives termination of this Agreement.

DEFAULT AND DEFAULT ACTION. (a) a. The ▇▇▇▇▇▇ acknowledges that all goods stored in the Space are subject to a contractual lien for Fees owing to the FO by the ▇▇▇▇▇▇. Notwithstanding clause 29 and subject to clause 7(c), if any Fees are not paid in full within 42 days of the due date, the FO may keep and retain for itself the Deposit and enter the Space, by force if necessary, to take possession of the goods stored for the purposes of taking one or more of the following actions (in the FO's sole discretion): (i) i. sell the goods on such terms that the FO may determine in its sole discretion (which may include a sale in one or more lots b y by private arrangement or public auction); and/orand / or (ii) . (if such goods remain unsold after being offered for sale or, in the FO's reasonable opinion, are unsaleable, of insufficient value to warrant a formal sale process or pose a health and safety risk) dispose of such goods in any manner the FO sees fit, (each of the above actions being a Default Action). The ▇▇▇▇▇▇ consents to any Default Action being taken under this clause 7(a), regardless of the nature or value of such goods. (b) b. For the purposes of the PPSA, the FO is deemed to be in possession of the goods stored in the Space from the moment the FO exercises its rights under this Agreement to access the Space without the ▇▇▇▇▇▇'▇ consent. (c) c. The FO will provide at least 14 days' written notice to the ▇▇▇▇▇▇ that the ▇▇▇▇▇▇ is in default of this Agreement before taking any Default Action, providing the Storerwithreasonable timetorectifyitsdefault▇▇▇▇▇▇ with reasonable time to rectify its default. (d) d. If any funds are recovered by the FO from any Default Action, such funds shall be applied by the FO as follows: (i) i. first, to pay the FO's costs of, and associated with, taking any Default Action; (ii) . second, subject to any rights of third parties under the PPSA, to pay all outstanding Fees owed by the ▇▇▇▇▇▇ and any costs or expenses incurred by the FO in connection with accessing the Space and maintaining the goods until Default Action was taken; and (iii) . third, any excess funds will be returned to the ▇▇▇▇▇▇ within 6 months of the Default Action being completed. If the ▇▇▇▇▇▇ cannot be located, excess funds will be deposited with the Public Trustee or equivalent authority. (e) e. If the ▇▇▇▇▇▇ has more than one storage space or storage unit with the FO, default in respect of Fees payable relating to any of those storage spaces or unit(s) entitles the FO to take Default Action in respect of all of such storage spaces or unit(s). (f) f. If the FO reasonably believes it is a health and safety risk to conduct an inventory of goods stored in the Space, the FO may take Default Action without undertaking such an inventory. In such circumstances, the FO need not open or empty bags or boxes to assess the contents and may instead dispose of all bagged and/or boxed items without opening them. (g) g. This clause 7 survives termination of this Agreement.

DEFAULT AND DEFAULT ACTION. (a) The ▇▇▇▇▇▇ acknowledges that all goods stored in the Space are subject to both a general lien and a contractual lien for Fees owing to the FO by the ▇▇▇▇▇▇. Notwithstanding clause 29 and subject to clause 7(c), if any Fees are not paid in full within 42 days of the due date, the FO may keep and retain for itself the Deposit and enter the Space, by force if necessary, to take possession of the goods stored for the purposes of taking one or more of the following actions (in the FO's sole discretion): (i) redeliver the goods to the last advised address of the ▇▇▇▇▇▇; (ii) sell the goods on such terms that the FO may determine in its sole discretion (which may include a sale in one or more lots b y by private arrangement or public auction); and/or (iiiii) (if such goods remain unsold after being offered for sale or, in the FO's reasonable opinion, are unsaleable, of insufficient value to warrant a formal sale process or pose a health and safety risk) dispose of such goods in any manner the FO sees fit, (each of the above actions being a Default Action). The ▇▇▇▇▇▇ consents to any Default Action being taken under this clause 7(a), regardless of the nature or value of such goods. For the avoidance of doubt, the FO may take Default Action without terminating this Agreement. (b) For the purposes of the PPSA, the FO is deemed to be in possession of the goods stored in the Space from the moment the FO exercises its rights under this Agreement to access accesses the Space without the ▇▇▇▇▇▇'▇ consentSpace. (c) The FO will provide at least 14 days' written notice to the ▇▇▇▇▇▇ that the ▇▇▇▇▇▇ is in default of this Agreement before taking any Default Action, providing the Storerwithreasonable timetorectifyitsdefault▇▇▇▇▇▇ with reasonable time to rectify its default. (d) If any funds are recovered by the FO from any Default Action, such funds shall be applied by the FO as follows: (i) first, to pay the FO's costs of, and associated with, taking any Default Action; (ii) second, subject to any rights of third parties under the PPSA, to pay all outstanding Fees owed by to the ▇▇▇▇▇▇ and any costs or expenses incurred by the FO in connection with accessing the Space and maintaining the goods until Default Action was taken; and (iii) third, any excess funds will be returned to the ▇▇▇▇▇▇ within 6 months of the Default Action being completed. If the ▇▇▇▇▇▇ cannot be located, excess funds will be deposited with the Public Trustee or equivalent authority. (e) If the ▇▇▇▇▇▇ has more than one storage space or storage unit with the FO, default in respect of Fees payable relating to any of those storage spaces or unit(s) entitles the FO to take Default Action in respect of all of such storage spaces or unit(s). (f) If the FO reasonably believes it is a health and safety risk to conduct an inventory of goods stored in the Space, the FO may take Default Action without undertaking such an inventory. In such circumstances, the FO need not open or empty bags or boxes to assess the contents and may instead dispose of all bagged and/or boxed items without opening them. (g) This clause 7 survives termination of this Agreement.