Common use of BREACH AND CONSEQUENCES Clause in Contracts

BREACH AND CONSEQUENCES. 13.1 If the Subscriber: 13.1.1 fails to pay any amount under this Contract on the due date; or 13.1.2 fails to carry out or perform any of its contractual obligations or breaches any term or condition of this Contract; or 13.1.3 in Netstar’s reasonable opinion raises false alarms or abuses the Netstar Service; then Netstar may immediately suspend the Netstar Service and provide the Subscriber with written notice requiring it to rectify the breach within 7 (seven) Business Days of the date of such notice failing which Netstar will thereafter have the right to immediately terminate the Contract, without further notice to the Subscriber. 13.2 Termination of the Contract by either Party for any reason will be without prejudice to any rights which Netstar may have in law, including: 13.2.1 the right to claim from the Subscriber an early termination fee, reasonably calculated by Netstar, where the Contract is terminated within the Initial Period; 13.2.2 the right to immediately remove and recover ownership and possession of the Netstar Unit from the Vehicle, at the Subscriber’s risk and expense where the Contract is terminated within the Initial Period; 13.2.3 the right to demand from the Subscriber, all amounts payable, by the Subscriber to Netstar under the Contract; or 13.2.4 the right to claim any other damages from the Subscriber, which it may have incurred in law in consequence of the Subscriber’s breach. 13.3 Upon termination of this Contract for any reason all amounts payable by the Subscriber to Netstar will become due and payable and where the Contract is terminated prior to the expiry of the Initial Period, the Subscriber shall also be liable to pay an early termination fee as set out in clause 13.2.1. 13.4 Where Netstar has to remove the Netstar Unit in terms of this clause 13, the Subscriber shall do all things reasonably necessary to enable Netstar’s authorised representative to remove the Netstar Unit from the Vehicle. 13.5 Where Netstar has to use the services of a debt collector or attorney to successfully enforce any provisions of the Contract, then the Subscriber shall bear the costs incurred by Netstar, including legal fees, on an attorney and client basis.

BREACH AND CONSEQUENCES. 13.1 If the Subscriber: 13.1.1 fails to pay any amount under this Contract on the due date; or 13.1.2 fails to carry out or perform any of its contractual obligations or breaches any term or condition of this Contract; or 13.1.3 in Netstar’s reasonable opinion raises false alarms or abuses the Netstar Service; ; 13.1.4 then Netstar may immediately suspend the Netstar Service and provide the Subscriber with written notice requiring it to rectify the breach within 7 (seven) Business Days of the date of such notice failing which Netstar will thereafter have the right to immediately terminate the Contract, without further notice to the Subscriber. 13.2 Termination of the Contract by either Party for any reason will be without prejudice to any rights which Netstar may have in law, including: 13.2.1 the right to claim from the Subscriber an early termination fee, reasonably calculated by Netstar, where the Contract is terminated within the Initial Period; 13.2.2 the right to immediately remove and recover ownership and possession of the Netstar Unit from the Vehicle, at the Subscriber’s risk and expense where the Contract is terminated within the Initial Period; 13.2.3 the right to demand from the Subscriber, all amounts payable, by the Subscriber to Netstar under the Contract; or 13.2.4 the right to claim any other damages from the Subscriber, which it may have incurred in law in consequence of the Subscriber’s breach. 13.3 Upon termination of this Contract for any reason all amounts payable by the Subscriber to Netstar will become due and payable and where the Contract is terminated prior to the expiry of the Initial Period, the Subscriber shall also be liable to pay an early termination fee as set out in clause 13.2.111.2.1. 13.4 Where Netstar has to remove the Netstar Unit in terms of this clause 1311, the Subscriber shall do all things reasonably necessary to enable Netstar’s authorised representative to remove the Netstar Unit from the Vehicle. 13.5 Where Netstar has to use the services of a debt collector or attorney to successfully enforce any provisions of the Contract, then the Subscriber shall bear the costs incurred by Netstar, including legal fees, on an attorney and client basis.

BREACH AND CONSEQUENCES. 13.1 10.1 If the Subscriber: 13.1.1 10.1.1 fails to pay any amount under this Contract on the due date; or 13.1.2 10.1.2 fails to carry out or perform any of its contractual obligations or breaches any term or condition of this Contract; or 13.1.3 10.1.3 in Netstar’s reasonable opinion raises false alarms or abuses the Netstar Service, (referred to as “the breach”); then Netstar may immediately suspend the Netstar Service and provide the Subscriber with a written notice requiring it to rectify the breach within 7 20 (seventwenty) Business Days of the date of such notice failing which notice. 10.2 Where the Subscriber fails to rectify the breach within the 20 (twenty) Business Day period, Netstar will thereafter have the right to immediately terminate the Contract, without further notice to the Subscriber. 13.2 Termination of the Contract by either Party for any reason will , which termination shall be without prejudice to any rights which Netstar may then have in law, including: 13.2.1 10.2.1 where the Initial Period of the Contract has not expired, the right to claim from the Subscriber an early termination fee, fee reasonably calculated by Netstar, ; 10.2.2 where the Initial Period of the Contract is terminated within the Initial Period; 13.2.2 has not expired, the right to immediately remove and recover ownership and possession of the Netstar Unit from the VehicleEquipment, at the Subscriber’s risk and expense where the Contract is terminated within the Initial Periodexpense; 13.2.3 10.2.3 the right to demand from the Subscriber, all amounts payable, by the Subscriber to Netstar under the Contract; orand 13.2.4 10.2.4 the right to claim any other damages from the Subscriber, which it may have incurred in law in consequence of the Subscriber’s breach. 13.3 Upon termination of this Contract for 10.3 Where Netstar breaches any reason all amounts payable by the Subscriber to Netstar will become due and payable and where the Contract is terminated prior to the expiry material term of the Initial PeriodContract, the Subscriber shall also has the right to send Netstar a written notice requiring Netstar to rectify the breach within 20 (twenty) Business Days of receipt of such notice. 10.4 Where Netstar fails to rectify the breach within the 20 (twenty) Business Day period, the Subscriber will thereafter have the right to immediately terminate the Contract, on written notice to Netstar which termination will be without prejudice to any rights which the Subscriber may have in law, including the right to claim damages from Netstar which it may have incurred in consequence of Netstar’s breach. 10.5 Where the Subscriber cancels the Contract during the Initial Period in terms of clause 10.2.1, the Subscriber will still be liable to pay Netstar an early termination fee as set out in clause 13.2.1and Netstar will have the right to immediately remove and recover ownership and possession of the Equipment. 13.4 10.6 Where Netstar has to remove recover the Netstar Unit Equipment in terms of this clause 13clause, the Subscriber shall will do all such things as may be reasonably necessary to enable Netstar’s authorised representative Netstar to remove collect the Netstar Unit from the VehicleEquipment. 13.5 10.7 Where Netstar has to use the services of a debt collector or attorney to successfully enforce any provisions of the Contract, then the Subscriber shall will bear the costs incurred by Netstar, including legal fees, on an attorney and client basis.

BREACH AND CONSEQUENCES. 13.1 14.1 If the SubscriberSubscriber or its authorised agent, which includes an insurer, employer or bank: 13.1.1 14.1.1 fails to pay any amount under this Contract on the due date; or 13.1.2 14.1.2 fails to carry out or perform any of its contractual obligations or breaches any term or condition of this Contract; or 13.1.3 14.1.3 in Netstar’s reasonable opinion raises false alarms or abuses the Netstar Service, (referred to as “the breach”); then Netstar may immediately suspend the Netstar Service and provide the Subscriber with a written notice requiring it to rectify the breach within 7 20 (seventwenty) Business Days of the date of such notice failing which notice. 14.1.4 Where the Subscriber fails to rectify the breach within the 20 (twenty) Business Day period, Netstar will shall thereafter have the right to immediately terminate the Contract, without further notice to the Subscriber. 13.2 Termination of the Contract by either Party for any reason will , which termination shall be without prejudice to any rights which Netstar may then have in law, including: 13.2.1 14.1.4.1 where the Initial Period of the Contract has not expired, the right to claim from the Subscriber an early termination fee, fee reasonably calculated by Netstar, ; 14.1.4.2 where the Initial Period of the Contract is terminated within the Initial Period; 13.2.2 has not expired, the right to immediately remove and recover ownership and possession of the Netstar Unit from the Vehicle, at the Subscriber’s risk and expense where the Contract is terminated within the Initial Periodexpense; 13.2.3 14.1.4.3 the right to demand from the Subscriber, all amounts payable, by the Subscriber to Netstar under the Contract; orand 13.2.4 14.1.4.4 the right to claim any other damages from the Subscriber, which it may have incurred in law in consequence of the Subscriber’s breach. 13.3 Upon termination 14.2 Where Netstar breaches any material term of this Contract for any reason all amounts payable by the Contract, the Subscriber has the right to send Netstar will become due and payable and where a written notice requiring Netstar to rectify the Contract is terminated prior breach within 20 (twenty) Business Days of receipt of such notice. 14.3 Where Netstar fails to rectify the expiry of breach within the Initial Period20 (twenty) Business Day period, the Subscriber shall also thereafter have the right to immediately terminate the Contract, on written notice to Netstar which termination shall be without prejudice to any rights which the Subscriber may have in law, including the right to claim damages from Netstar which it may have incurred in consequence of Netstar’s breach. 14.4 Where the Subscriber cancels the Contract during the Initial Period in terms of clause 14.3, the Subscriber shall still be liable to pay Netstar an early termination fee as set out in clause 13.2.1and Netstar shall have the right to immediately remove and recover ownership and possession of the Netstar Unit from the Vehicle. 13.4 14.5 Where Netstar has to remove the Netstar Unit in terms of this clause 13clause, the Subscriber shall do all such things as may be reasonably necessary to enable Netstar’s authorised representative Netstar to remove uplift and collect the Netstar Unit from the Vehicle. 13.5 14.6 Where Netstar has to use the services of a debt collector or attorney to successfully enforce any provisions of the Contract, then the Subscriber shall bear the costs incurred by Netstar, including legal fees, on an attorney and client basis.

BREACH AND CONSEQUENCES. 13.1 If the SubscriberSubscriber or its authorised agent, which includes an insurer, employer or bank: 13.1.1 fails to pay any amount under this Contract on the due date; or 13.1.2 fails to carry out or perform any of its contractual obligations or breaches any term or condition of this Contract; or 13.1.3 in Netstar’s reasonable opinion raises false alarms or abuses the Netstar Service, (referred to as “the breach”); then Netstar may immediately suspend the Netstar Service and provide the Subscriber with a written notice requiring it to rectify the breach within 7 20 (seventwenty) Business Days of the date of such notice failing which notice. 13.2 Where the Subscriber fails to rectify the breach within the 20 (twenty) Business Day period, Netstar will thereafter have the right to immediately terminate the Contract, without further notice to the Subscriber. 13.2 Termination of the Contract by either Party for any reason will , which termination shall be without prejudice to any rights which Netstar may then have in law, including: 13.2.1 where the Initial Period of the Contract has not expired, the right to claim from the Subscriber an early termination fee, fee reasonably calculated by Netstar, where the Contract is terminated within the Initial Period; 13.2.2 where the Initial Period of the Contract has not expired, the right to immediately remove and recover ownership and possession of the Netstar Unit from the Vehicle, at the Subscriber’s risk and expense where the Contract is terminated within the Initial Periodexpense; 13.2.3 the right to demand from the Subscriber, all amounts payable, by the Subscriber to Netstar under the Contract; orand 13.2.4 the right to claim any other damages from the Subscriber, which it may have incurred in law in consequence of the Subscriber’s breach. 13.3 Upon termination of this Contract for Where Netstar breaches any reason all amounts payable by the Subscriber to Netstar will become due and payable and where the Contract is terminated prior to the expiry material term of the Initial PeriodContract, the Subscriber shall also has the right to send Netstar a written notice requiring Netstar to rectify the breach within 20 (twenty) Business Days of receipt of such notice. 13.4 Where Netstar fails to rectify the breach within the 20 (twenty) Business Day period, the Subscriber will thereafter have the right to immediately terminate the Contract, on written notice to Netstar which termination will be without prejudice to any rights which the Subscriber may have in law, including the right to claim damages from Netstar which it may have incurred in consequence of Netstar’s breach. 13.5 Where the Subscriber cancels the Contract during the Initial Period in terms of clause 13.3, the Subscriber will still be liable to pay Netstar an early termination fee as set out in clause 13.2.1and Netstar will have the right to immediately remove and recover ownership and possession of the Netstar Unit from the Vehicle. 13.4 13.6 Where Netstar has to remove the Netstar Unit in terms of this clause 13clause, the Subscriber shall will do all such things as may be reasonably necessary to enable Netstar’s authorised representative Netstar to remove uplift and collect the Netstar Unit from the Vehicle. 13.5 13.7 Where Netstar has to use the services of a debt collector or attorney to successfully enforce any provisions of the Contract, then the Subscriber shall will bear the costs incurred by Netstar, including legal fees, on an attorney and client basis.

BREACH AND CONSEQUENCES. 13.1 14.1 If the SubscriberSubscriber or its authorised agent, which includes an insurer, employer or bank: 13.1.1 14.1.1 fails to pay any amount under this Contract on the due date; or 13.1.2 14.1.2 fails to carry out or perform any of its contractual obligations or breaches any term or condition of this Contract; or 13.1.3 14.1.3 in Netstar’s reasonable opinion raises false alarms or abuses the Netstar Service; , (referred to as “the breach”); 14.1.4 then Netstar may immediately suspend the Netstar Service and provide the Subscriber with a written notice requiring it to rectify the breach within 7 20 (seventwenty) Business Days of the date of such notice failing which notice. 14.2 Where the Subscriber fails to rectify the breach within the 20 (twenty) Business Day period, Netstar will shall thereafter have the right to immediately terminate the Contract, without further notice to the Subscriber. 13.2 Termination of the Contract by either Party for any reason will , which termination shall be without prejudice to any rights which Netstar may then have in law, including: 13.2.1 14.2.1 where the Initial Period of the Contract has not expired, the right to claim from the Subscriber an early termination fee, fee reasonably calculated by Netstar, ; 14.2.2 where the Initial Period of the Contract is terminated within the Initial Period; 13.2.2 has not expired, the right to immediately remove and recover ownership and possession of the Netstar Unit from the Vehicle, at the Subscriber’s risk and expense where the Contract is terminated within the Initial Periodexpense; 13.2.3 14.2.3 the right to demand from the Subscriber, all amounts payable, by the Subscriber to Netstar under the Contract; orand 13.2.4 14.2.4 the right to claim any other damages from the Subscriber, which it may have incurred in law in consequence of the Subscriber’s breach. Where Netstar breaches any material term of the Contract, the Subscriber has the right to send Netstar a written notice requiring Netstar to rectify the breach within 20 (twenty) Business Days of receipt of such notice. 13.3 Upon termination of this Contract for any reason all amounts payable by 14.3 Where Netstar fails to rectify the Subscriber to Netstar will become due and payable and where breach within the Contract is terminated prior to the expiry of the Initial Period20 (twenty) Business Day period, the Subscriber shall also thereafter have the right to immediately terminate the Contract, on written notice to Netstar which termination shall be without prejudice to any rights which the Subscriber may have in law, including the right to claim damages from Netstar which it may have incurred in consequence of Netstar’s breach. 14.4 Where the Subscriber cancels the Contract during the Initial Period in terms of clause 12.3, the Subscriber shall still be liable to pay Netstar an early termination fee as set out in clause 13.2.1and Netstar shall have the right to immediately remove and recover ownership and possession of the Netstar Unit from the Vehicle. 13.4 14.5 Where Netstar has to remove the Netstar Unit in terms of this clause 13clause, the Subscriber shall do all such things as may be reasonably necessary to enable Netstar’s authorised representative Netstar to remove uplift and collect the Netstar Unit from the Vehicle. 13.5 14.6 Where Netstar has to use the services of a debt collector or attorney to successfully enforce any provisions of the Contract, then the Subscriber shall bear the costs incurred by Netstar, including legal fees, on an attorney and client basis.

BREACH AND CONSEQUENCES. 13.1 If 26.1 Where the SubscriberSubscriber or its authorized agent, which includes an insurer, employer or bank: 13.1.1 26.1.1 fails to pay any amount under this Contract on the due date; or 13.1.2 26.1.2 fails to carry out or perform any of its contractual obligations or breaches any term or condition conditions of this Contract; or 13.1.3 26.1.3 in Netstar’s TrackNetics reasonable opinion raises false alarms or abuses the Netstar ServiceTrackNetics Service (referred to as “the breach”); then Netstar TrackNetics may immediately suspend the Netstar TrackNetics Service and provide the Subscriber with a written notice requiring it to rectify the breach within 7 with 20 (seventwenty) Business Days of the date of such notice failing which Netstar notice. 26.2 Where the Subscriber fails to rectify the breach within the 20 (twenty) Business Day period, TrackNetics will thereafter have the right to immediately terminate the Contract, without further notice to the Subscriber. 13.2 Termination of the Contract by either Party for any reason will , which termination shall be without prejudice to any rights which Netstar TrackNetics may then have in law, including: 13.2.1 26.2.1 where the Initial Period of the Contract has not expired, the right to claim from the Subscriber an early termination fee, fee reasonably calculated by Netstar, TrackNetics; 26.2.2 where the Initial Period of the Contract is terminated within the Initial Period; 13.2.2 has not expired, the right to immediately remove and recover ownership and possession of to the Netstar Unit Equipment from the Vehicle, at the Subscriber’s risk and expense where the Contract is terminated within the Initial Periodexpense; 13.2.3 26.2.3 the right to demand from the Subscriber, all amounts payable, by the Subscriber to Netstar TrackNetics under the Contract; orand 13.2.4 26.2.4 the right to claim any other damages from the Subscriber, which it may have incurred in law in consequence of the Subscriber’s breach. 13.3 Upon termination of this Contract for 26.3 Where TrackNetics breaches any reason all amounts payable by the Subscriber to Netstar will become due and payable and where the Contract is terminated prior to the expiry material term of the Initial PeriodContract, the Subscriber shall also has the right to send TrackNetics a written notice requiring TrackNetics to rectify the breach within 20 (twenty) Business Days of receipt of such notice. 26.4 Where TrackNetics fails to rectify the breach within 20 (twenty) Business Day period, the Subscriber will thereafter have the right to immediately terminate the Contract, on written notice requiring TrackNetics which termination will be without prejudice to any rights which the Subscriber may have in law, including the right to claim damages from TrackNetics which it may have incurred in consequence of TrackNetics breach. 26.5 Where the Subscriber cancels the Contract during the Initial Period in terms of clause 12.3, the Subscriber will still be liable to pay TrackNetics an early termination fee as set out in clause 13.2.1. 13.4 Where Netstar has and TrackNetics will have the right to immediately remove and recover ownership and possession of the Netstar Unit in terms of this clause 13, the Subscriber shall do all things reasonably necessary to enable Netstar’s authorised representative to remove the Netstar Unit Equipment from the Vehicle. 13.5 26.6 Where Netstar TrackNetics has to remove the Equipment in terms of this clause, the Subscriber will do all such things as may be reasonably necessary to enable TrackNetics to uplift and collect the Equipment from the Vehicle. 26.7 Where TrackNetics has to use the services of a debt collector or attorney to successfully enforce any provisions of the Contract, Contract then the Subscriber shall will bear the costs incurred by NetstarTrackNetics, including legal fees, on an attorney and client basis.

BREACH AND CONSEQUENCES. 13.1 12.1 If the SubscriberSubscriber or its authorised agent, which includes an insurer, employer or bank: 13.1.1 12.1.1 fails to pay any amount under this Contract on the due date; or 13.1.2 12.1.2 fails to carry out or perform any of its contractual obligations or breaches any term or condition of this Contract; or 13.1.3 12.1.3 in Netstar’s reasonable opinion raises false alarms or abuses the Netstar Service, (referred to as “the breach”); then Netstar may immediately suspend the Netstar Service and provide the Subscriber with a written notice requiring it to rectify the breach within 7 20 (seventwenty) Business Days of the date of such notice failing which notice. 12.2 Where the Subscriber fails to rectify the breach within the 20 (twenty) Business Day period, Netstar will thereafter have the right to immediately terminate the Contract, without further notice to the Subscriber. 13.2 Termination of the Contract by either Party for any reason will , which termination shall be without prejudice to any rights which Netstar may then have in law, including: 13.2.1 12.2.1 where the Initial Period of the Contract has not expired, the right to claim from the Subscriber an early termination fee, fee reasonably calculated by Netstar, ; 12.2.2 where the Initial Period of the Contract is terminated within the Initial Period; 13.2.2 has not expired, the right to immediately remove and recover ownership and possession of the Netstar Unit Equipment from the Vehicle, at the Subscriber’s risk and expense where the Contract is terminated within the Initial Periodexpense; 13.2.3 12.2.3 the right to demand from the Subscriber, all amounts payable, by the Subscriber to Netstar under the Contract; orand 13.2.4 12.2.4 the right to claim any other damages from the Subscriber, which it may have incurred in law in consequence of the Subscriber’s breach. 13.3 Upon termination of this Contract for 12.3 Where Netstar breaches any reason all amounts payable by the Subscriber to Netstar will become due and payable and where the Contract is terminated prior to the expiry material term of the Initial PeriodContract, the Subscriber shall also has the right to send Netstar a written notice requiring Netstar to rectify the breach within 20 (twenty) Business Days of receipt of such notice.‌ 12.4 Where Netstar fails to rectify the breach within the 20 (twenty) Business Day period, the Subscriber will thereafter have the right to immediately terminate the Contract, on written notice to Netstar which termination will be without prejudice to any rights which the Subscriber may have in law, including the right to claim damages from Netstar which it may have incurred in consequence of Netstar’s breach. 12.5 Where the Subscriber cancels the Contract during the Initial Period in terms of clause 12.3, the Subscriber will still be liable to pay Netstar an early termination fee as set out in clause 13.2.1and Netstar will have the right to immediately remove and recover ownership and possession of the Equipment from the Vehicle. 13.4 12.6 Where Netstar has to remove the Netstar Unit Equipment in terms of this clause 13clause, the Subscriber shall will do all such things as may be reasonably necessary to enable Netstar’s authorised representative Netstar to remove uplift and collect the Netstar Unit Equipment from the Vehicle. 13.5 12.7 Where Netstar has to use the services of a debt collector or attorney to successfully enforce any provisions of the Contract, then the Subscriber shall will bear the costs incurred by Netstar, including legal fees, on an attorney and client basis.