Default by the Buyer. The Seller shall be entitled to all remedies, which shall be considered cumulative and not in derogation of one to the other, to which the Seller is entitled under the applicable law governing the Agreement, as well as any further rights or remedies granted under these Sales Terms or the Agreement. Seller shall be entitled to collect any and all lawyer’s fees, third party collection fees, and all reasonable costs and disbursements incurred by the Seller in the event of any breach or default by the Buyer in its performance under the Agreement or these Sales Terms.
Default by the Buyer. AND THE BUILDER 44 (A) DEFINITION OF BUYER’S DEFAULT 44
Default by the Buyer. AND THE BUILDER 44 (A) DEFINITION OF BUYER’S DEFAULT 44 (B) EFFECT OF BUYER’S DEFAULT ON OR BEFORE THE DELIVERY OF THE VESSEL 44 (C) DEFINITION OF BUILDER’S DEFAULT 46 (D) EFFECT OF BUILDER’S XXXXXXX 00 00. BUYER’S SUPPLIES 47 (A) RESPONSIBILITY OF THE BUYER 47 (B) RESPONSIBILITY OF THE BUILDER 48 13. ARBITRATION 49 (A) DECISION BY THE CLASSIFICATION SOCIETY 49 (B) PROCEEDINGS OF ARBITRATION 49 (C) EXPENSES OF ARBITRATION 50 (D) ALTERATION OF DELIVERY OF THE VESSEL 50 (E) ENTRY IN COURT 50 14. SUCCESSOR AND ASSIGNS 51 (A) ASSIGNMENT BY THE BUYER 51 (B) ASSIGNMENT BY THE BUILDER 51 15. TAXES, DUTIES AND REGISTRATION 52 (A) TAXES AND DUTIES INCURRED IN KOREA: 52 (B) TAXES AND DUTIES INCURRED OUTSIDE KOREA: 52 (C) DUTIES: 52 (D) REGISTRATION: 52 16. PATENTS, TRADEMARKS AND COPYRIGHTS 53 17. INSURANCE 54 (A) EXTENT OF INSURANCE COVERAGE 54 (B) APPLICATION OF THE RECOVERED AMOUNTS 54 (C) TERMINATION OF BUILDER’S OBLIGATION TO INSURE 55 18. INTERPRETATION 56 19. NOTICE 57 20. EFFECTIVENESS OF THIS CONTRACT 58 21. EXCLUSIVENESS 59 EXHIBIT “A” EXHIBIT “B” SHIPBUILDING CONTRACT THIS CONTRACT, made on this 18th day of May by and between Forth Shipco LLC, a corporation incorporated and registered under the laws of Xxxxxxxx Islands, with its principal office at Trust Company Complex, Ajeltake Road, Ajeltake Island, Majuro, MH 96960, Xxxxxxxx Island (hereinafter called the “Buyer”), the party of the first part, and SPP SHIPBUILDING CO., LTD., a corporation organized and registered under the laws of the Republic of Korea, having its principal office at #1988, Chojeon-ri, Sanam-myeon, Sacheon-si, Gyeongsangnam-do, Korea (hereinafter called the “Builder”), the party of the second part.
Default by the Buyer. The BUYER and SELLER agree that the amount of damages sustainable in the event of a default by the BUYER are not capable of ascertainment. Therefore, in the event that the BUYER, after accepting the YACHT under the terms of this Agreement, fails to fulfill any or all the obligations set forth in Paragraph #10, the deposit shall be retained by the SELLER as liquidated and agreed damages and the BUYER and SELLER shall be relieved of all obligations under the Agreement. This sum shall be divided equally (50% / 50%) between the SELLER and the BROKERS after all expenses incurred against the YACHT by the BUYER have been paid. The BROKERS’ share shall not exceed the amount the BROKERS would have received had the sale been completed.
Default by the Buyer. 9.1. In the event of a delay in, or refusal of, acceptance of delivery continuing for more than 12 (twelve) workdays, DENTSPLY shall be entitled to rescind the contract and sell the goods directly at the Buyer’s expense. DENTSPLY may also decide at its sole discretion to store the respective goods at the expense and at the risk of the Buyer in accordance with the above provisions, and to invoice such goods as duly delivered and accepted. In this case, the purchase price shall become due for payment immediately.
Default by the Buyer. If Buyer fails to make payment for the Products in accordance with Condition 3 or fails to pay any other debt due and payable to Essex or otherwise commits a breach of these Conditions, or if any distress or execution shall be levied upon any of Buyer’s assets, or if Buyer offers to make any arrangement with its creditors, or commits an act of bankruptcy, or if any petition in bankruptcy be presented against Buyer, or if Buyer is unable to pay its debts as they fall due or if, being a limited company any resolution or petition to wind up Buyer (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or, if a receiver, administrator, administrative receiver or manager shall be appointed over the whole or any part of Buyer’s business or respect of Buyer, or if Buyer should suffer any analogous proceedings and foreign law, or if Essex has reasonable cause to believe that any of these events is likely to occur then all sums outstanding in respect of the Products shall become due and payable immediately, and Essex may in its sole and absolute discretion and without prejudice to any other rights which it may have: (i) close any account(s) and suspend all future deliveries of Products to Buyer and/or terminate all or part of a Contract with Buyer without liability on its part; and/or (ii) exercise any of its rights pursuant to Condition 7.
Default by the Buyer. The BUYER and SELLER agree that the amount of damages sustainable in the event of a default by the BUYER are not capable of ascertainment. Director Conflicts of Interest. Create your website today. Gross commission and proposed split should be mutually acknowledged in writing between listing Broker and prospective selling Broker. The purchase agreement should indicate the willingness to transfer the ownership rights of the car from a seller to a buyer. Clear of any of the vessel appears to be essential to check the condition of the boat and its. Xxxxx has decades of experience in boatbuilding, coastal and offshore sailing and power boating. Cookies help us to deliver our services. The process begins when the boat seller lists the yacht with a broker. Dynamex decision, reverting back to the old Xxxxxxx test prior to the Dynamex decision. The undisputed facts demonstrate defendant was not an escrow agent in the instant transaction. In preparing such written apportionment statement, Seller and Purchaser shall apportion said taxes by such reasonable basis as may be mutually agreeable to Purchaser and Seller. There were no American be ideal for use in San Francisco Bay. Sale Agreement shall be determined by the laws of the State of Maryland and shall be brought within the jurisdiction of the State of Maryland. Buy a boat contact the central agent to make arrangements to with. Boat and engine warranties typically expire after a calendar period or a specific number of hours of use. This agreement or paid and sale agreement on handling the terms need your industry as owners association of sale and ybaa purchase agreement is believed to carry such use by disabling your. This document in good relations between five ways, ybaa purchase date, i beg you poor? The terms and conditions of the MYBA Sea Trial and Condition survey provisions for Vessel are much more technical and distinct from the previous two contract examples. Brokerage Agreement exists between the Listing and Selling Brokerages or Brokers, one should be established at this time of first contact to include commission agreement and responsibilities outside of a courtesy showing, if necessary. You can be delivered at the agreement purchase and ybaa membership dues and brokerage business back creek in particular in yacht broker will, presented to document. Ethics Committee, the Certification Advisory Council, or any yacht broker association dispute resolution authority. Expert knowledge to provide you with a...
Default by the Buyer. It the Buyer fails to make payment for the Goods in accordance with the Condition 5 or otherwise commits a breach of the Contract or if the Buyer offers to make any arrangement with its creditors or commits an act of bankruptcy or if any petition in bankruptcy is presented against the Buyer or the Buyer is unable to pay its debts as they fall due or if being a limited Company, any resolution or petition to wind up the Buyer (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if a receiver, administrator, administrative receiver or manager shall be appointed over the whole or any part of the Buyer’s business or if any distress or execution shall be levied upon any of the Buyer’s goods or a secured lender to the Buyer takes any steps to obtain possession of the property on which it is secured or otherwise to enforce *TRADING ADDRESS *POST CODE *TEL *FAX *MOBILE *EMAIL XXXXXXX ADDRESS FOR INVOICES AND STATEMENTS (if different from above) *POST CODE *TEL *FAX *MOBILE *EMAIL *COMPANY REGISTRATION NO. REGISTERED OFFICE ADDRESS (if different from above) *POST CODE
Default by the Buyer. If the Buyer defaults in or commits any breach of any of its obligations to the Seller or ceases to carry on its business or a substantial part thereof, or if any distress or execution is levied on any of the Buyer’s property, or if the Buyer makes or offers to make any arrangement or composition with its creditors or commits any act or bankruptcy, or if any resolution or petition to wind up the Buyer’s business is passed or presented, or a Receiver appointed of the Buyer’s undertaking, property or assets or any material part thereof, then such event shall be deemed to constitute a breach of contract by the Buyer and the Seller shall be entitled forthwith to terminate this and any other contract with the Buyer and on written notice of such termination being posted by it to the Buyer’s last known address this contract (and if the notice so states every other contract subsisting between the Seller and the Buyer or such contracts as are specified in such notice) shall be terminated and all the Seller’s unpaid invoices to the Buyer shall be immediately due for payment but without prejudice to any claim or right which the Seller might otherwise make or exercise or have against the Buyer.
Default by the Buyer. Except as otherwise expressly provided in this Agreement, if the Buyer shall fail to perform or comply with any covenant, agreement or condition contained in this Agreement that is required to be performed or complied with by the Buyer on or prior to the Closing Date, then the Seller may seek specific performance of this Agreement or may elect to sue for damages. In the event the Seller elxxxs to sue for specific performance, the Buyer exprxxxly waives any claim or defense that the Seller has an adequate remedy at law. 16.
