Where You Clause Samples
Where You subcontract any Services under clause A14.1 above, you will remain principally liable in all respects for the subcontractor’s performance of the services, and compliance with, your other obligations under the Agreement.
Where You. (a) defend legal proceedings without Our consent or contrary to or in a different manner from that advised by the Appointed Solicitor;
(b) fail to give proper instructions in due time to the Appointed Solicitor or counsel appointed by You; or
(c) are responsible for delay, which is prejudicial to the successful outcome of the claim or legal proceedings.
Where You. (i) are acting outside the course of Your trade, business, craft or profession, and are using Products for Your domestic, private, and non-commercial use; and
(ii) you have either paid Calrec for the Software or a Product for which you were obliged to download and/or install Software on the Product for its proper functioning (“Consumer”) the warranties and remedies in relation to the Software shall be those contained in the terms and conditions upon which Calrec sold the Products to You as a Consumer (“Consumer Terms of Sale”).
Where You default in any payment or breach any of these Terms and do not, within 30 days of notice of same from Us specifying the non-payment or breach and requiring it to be remedied, make such payment or rectify such breach, except when clause 7(b)(iv) applies, in which case Our rights set out in this clause will accrue to Us upon expiry of the two (2) weeks’ period referred to in clause 7(b)(iv);
Where You. (i) are acting outside the course of Your trade, business, craft or profession, and are using Products for Your domestic, private, and non-commercial use; and
(ii) you have either paid DiGiCo for the Software or a Product for which you were obliged to download and/or install Software on the Product for its proper functioning (“Consumer”) the warranties and remedies in relation to the Software shall be those contained in the terms and conditions upon which DiGiCo sold the Products to You as a Consumer (“Consumer Terms of Sale”).
Where You appoint Us as the sole agent in connection with the initial letting of the Property and You subsequently let the Property to a Tenant who is not introduced to You by Us at any time during the period We are appointed as Your sole agent, You may be required to pay Our reasonable costs and charges (up to a maximum of one weeks rent) in connection with the marketing and letting of the Property up to when You notified Us that the Property has been let.
Where You make a partial prepayment under this clause the amount of the Instalments will change. We may apply a partial prepayment against the outstanding Instalments in such order as we determine in our discretion. We will provide notice to you in writing of the new Instalment amounts.
Where You a) receive additional Credit as a result of the Upgrade; or
b) receive an Upgrade free of charge , then the Minimum Connection Period applicable to that Connection shall re-start from the date of dispatch of the Upgrade by Us.
Where You. 6.1.1 Breach clause A11.2, or clause A11.6; or
6.1.2 Have not completed a compliance requirement contained in a notice of default given under clause A12.3 (b) or in a notice given under clause A12.4; or
6.1.3 Fail to meet your obligations in terms of clause A23, we may withhold some or all of the next payment or payments due until you have remedied the breach, or otherwise complied with the relevant obligation, or until any costs incurred by us have been met, whichever is later.