Should the Customer Clause Samples
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Should the Customer fail to make available to the Logistic Swap Provider the Bank Guarantee by the 18th January 2017, or should the Bank Guarantee result not enforceable, the Logistic Swap Provider shall be entitled to suspend the acceptance at DPA and the delivery at PSV of Natural Gas (and be released from its underlying delivery and acceptance obligations) from the start date of the relevant Total Supply Period until and including the first Business Day that follows the receipt of a valid Bank Guarantee, while the end date of the Total Supply Period at the relevant Delivery Point shall remain as indicated in Article 3.1 (Sale and purchase of Natural Gas at the Delivery Point A) or Article 4.1 (Sale and purchase of Natural Gas at the PSV Delivery Point), as applicable. It is understood that, also in case of delay by the Customer in providing the above mentioned Bank Guarantee, the Fixed Amount payment obligation under this Contract shall apply from the start date of the Total Supply Period at PSV. Should the Customer fail to make available to the Logistic Swap Provider the Bank Guarantee by the 18th January 2017, or should the Bank Guarantee result not enforceable at such date, this shall be considered and constitute a Material Reason under this Contract with no additional grace period and the Logistic Swap Provider shall be entitled to terminate this Contract and the Customer shall pay to the Logistic Swap Provider a Termination Amount that the Parties agree to be equal to ten percent (10%) of the relevant Fixed Amount which would have been due and payable for the entire Total Supply Period at PSV if the Contract had not been terminated. For the sake of clarity the Termination Amount in case of any other early termination of the Contract shall be calculated pursuant to § 11 (Calculation of the Termination Amount) of the EFET Agreement. Any termination of this Contract shall be without prejudice to the rights of the Parties accrued until the date of termination. In such case the Logistic Swap Provider may enforce the Bid Bond as partial payment for the Termination Amount.
Should the Customer a. breach any of the terms and conditions in this Agreement or Documentation and fail to remedy such breach within 30 business days after receipt of Notice (as hereinafter defined) from Excel4apps calling upon the Customer to do so; or
b. commit any act of insolvency, or attempt to compromise any of its creditors, or allow any judgement against it to remain unsatisfied for seven days, or be subject to a provisional or final order to liquidation or judicial management; or
c. in the case of the Customer being a natural person, his estate provisionally or finally sequestrated, or surrendered; or
d. do, or cause to be done anything which may prejudice Excel4apps’ rights under this Agreement; then
e. Excel4apps shall be entitled, in addition to and without prejudice to any other rights Excel4apps may have, Excel4apps may, in its sole discretion:
i. terminate this Agreement and recover such damages as Excel4apps may have sustained; and/or
ii. terminate the License Keys and the Customer’s rights to use the Software granted by this Agreement or the Documentation; and/or
iii. demand immediate payment of all outstanding fees, training charges, reimbursements and all such damages which Excel4apps shall have sustained by reason of the failure of the Customer to carry out and fulfill its obligations hereunder
Should the Customer. 8.1.1 default in paying his/her/its account strictly on due date or commit a breach of any of the terms or conditions of this contract;
8.1.2 being an individual, die or be provisionally or finally sequestrated or surrender or make application to surrender his estate or commit any act of insolvency;
8.1.3 being a partnership, the partnership is dissolved;
8.1.4 being a company or close corporation, is placed under a provisional or final order or liquidation or judicial management;
8.1.5 have a judgment recorded against it which remains unsatisfied for seven days; or compromises or attempts to compromise generally with any of his/her/its creditors;
8.1.6 enter into any transaction which has the effect of changing the beneficial ownership of the Customer's business;
8.1.7 being a company or close corporation, enters into any transaction which has the effect of a change in the effective control of the company or corporation; or
8.1.8 to the extent that the CPA applies to its business, fails to comply with provision thereof; then, without prejudice to any other right it might have:
8.1.9 CBI electric low voltage shall be entitled, but not compelled, forthwith to demand that all amounts outstanding by the Customer from whatsoever cause arising, be paid immediately; and
8.1.10 CBI electric low voltage shall furthermore be entitled to cancel any agreement which exists between it and the Customer and suspend the carrying out of any of its then uncompleted obligations, in which event the Customer shall have no claim or claims of whatsoever nature against CBI electric low voltage arising out of such cancellation or the suspension by CBI electric low voltage to carry out any obligations.