Common use of Consequences of Default Clause in Contracts

Consequences of Default. If an Event of Default occurs, Miraclon may, in its sole discretion, terminate this Agreement and/or exercise any or all of the following remedies: 3.4.1. cause the Customer, upon written demand of Miraclon and at Customer's expense, to make the Equipment available for removal by Miraclon and Miraclon may retake possession of the Equipment without any court order or other process of law; and 3.4.2. declare, with immediate effect, all sums payable under this Agreement due and recover damages from the Customer; and 3.4.3. terminate any software licenses and provision of services between Miraclon and the Customer; and 3.4.4. exercise any remedy at law or equity, including any right or remedy which may otherwise be available to Miraclon under Applicable Law. The Customer shall pay all collection costs and attorney fees as damages and not as a penalty in all proceedings arising under or in connection with this Agreement or Miraclon's enforcement of any of its terms, including without limitation, arbitrations, civil actions, bankruptcy proceedings, mediation, and post-judgment actions or appeals. ▇▇▇▇▇▇▇▇'s action or failure to act on one remedy constitutes neither an election to be limited thereto nor a waiver of any other remedy nor a release of the Customer from the liability to return the Equipment or for any loss or claim with respect thereto; and nothing herein shall be deemed to prejudice ▇▇▇▇▇▇▇▇'s right to recover or prove damages for unpaid lease accrued prior to default, or ban an action for a deficiency as herein provided; and the bringing of an action with an entry of judgment against the Customer shall not bar ▇▇▇▇▇▇▇▇'s right to repossess any or all Equipment. ▇▇▇▇▇▇▇▇'s remedies shall be available to ▇▇▇▇▇▇▇▇'s successors and assigns, shall be in addition to all other remedies provided by Applicable Law, and may be exercised concurrently or consecutively. Upon possession or surrender of any Equipment, Miraclon may, at its option, retain and operate the Equipment for its own account, or lease, sell or otherwise dispose of the Equipment as it sees fit, with or without prior notice and on public or private bid. The Customer shall in any event remain liable to Miraclon for any deficiency that exists. 4. Risk of Loss, Title, Insurance and Cooperation.

Consequences of Default. If an Event of Default occurs, Miraclon may, in its sole discretion, terminate this Agreement and/or exercise any or all of the following remedies: 3.4.1. cause the Customer, upon written demand of Miraclon and at Customer's expense, to make the Equipment available for removal by Miraclon and Miraclon may retake possession of the Equipment without any court order or other process of law; and 3.4.2. declare, with immediate effect, all sums payable under this Agreement due and recover damages from the Customer; and 3.4.3. terminate any software licenses and provision of services between Miraclon and the Customer; and 3.4.4. exercise any remedy at law or equity, including any right or remedy which may otherwise be available to Miraclon under Applicable Law. The Customer shall pay all collection costs and attorney fees as damages and not as a penalty in all proceedings arising under or in connection with this Agreement or Miraclon's enforcement of any of its terms, including without limitation, arbitrations, civil actions, bankruptcy proceedings, mediation, and post-judgment actions or appeals. ▇▇▇▇▇▇▇▇Miraclon's action or failure to act on one remedy constitutes neither an election to be limited thereto nor a waiver of any other remedy nor a release of the Customer from the liability to return the Equipment or for any loss or claim with respect thereto; and nothing herein shall be deemed to prejudice ▇▇▇▇▇▇▇▇'s right to recover or prove damages for unpaid lease accrued prior to default, or ban an action for a deficiency as herein provided; and the bringing of an action with an entry of judgment against the Customer shall not bar ▇▇▇▇▇▇▇▇Miraclon's right to repossess any or all Equipment. ▇▇▇▇▇▇▇▇Miraclon's remedies shall be available to ▇▇▇▇▇▇▇▇Miraclon's successors and assigns, shall be in addition to all other remedies provided by Applicable Law, and may be exercised concurrently or consecutively. Upon possession or surrender of any Equipment, Miraclon may, at its option, retain and operate the Equipment for its own account, or lease, sell or otherwise dispose of the Equipment as it sees fit, with or without prior notice and on public or private bid. The Customer shall in any event remain liable to Miraclon for any deficiency that exists. 4. Risk of Loss, Title, Insurance and Cooperation.

Consequences of Default. If an Event of Default occurs, Miraclon may, in its sole discretion, terminate this Agreement and/or exercise any or all of the following remedies: 3.4.1. cause the Customer, upon written demand of Miraclon and at Customer's expense, to make the Equipment available for removal by Miraclon and Miraclon may retake possession of the Equipment without any court order or other process of law; and 3.4.2. declare, with immediate effect, all sums payable under this Agreement due and recover damages from the Customer; and 3.4.3. terminate any software licenses and provision of services between Miraclon and the Customer; and 3.4.4. exercise any remedy at law or equity, including any right or remedy which may otherwise be available to Miraclon under Applicable Law. The Customer shall pay all collection costs and attorney fees as damages and not as a penalty in all proceedings arising under or in connection with this Agreement or Miraclon's enforcement of any of its terms, including without limitation, arbitrations, civil actions, bankruptcy proceedings, mediation, and post-judgment actions or appeals. ▇▇▇▇▇▇▇▇Miraclon's action or failure to act on one remedy constitutes neither an election to be limited thereto nor a waiver of any other remedy nor a release of the Customer from the liability to return the Equipment or for any loss or claim with respect thereto; and nothing herein shall be deemed to prejudice ▇▇▇▇▇▇▇▇'s right to recover or prove damages for unpaid lease accrued prior to default, or ban an action for a deficiency as herein provided; and the bringing of an action with an entry of judgment against the Customer shall not bar ▇▇▇▇▇▇▇▇Miraclon's right to repossess any or all Equipment. ▇▇▇▇▇▇▇▇Miraclon's remedies shall be available to ▇▇▇▇▇▇▇▇Miraclon's successors and assigns, shall be in addition to all other remedies provided by Applicable Law, and may be exercised concurrently or consecutively. Upon possession or surrender of any Equipment, Miraclon may, at its option, retain and operate the Equipment for its own account, or lease, sell or otherwise dispose of the Equipment as it sees fit, with or without prior notice and on public or private bid. The Customer shall in any event remain liable to Miraclon for any deficiency that exists. 4. Risk of Loss, Title, Insurance and Cooperation.

Consequences of Default. If an Event of Default occurs, Miraclon may, in its sole discretion, terminate this Agreement and/or exercise any or all of the following remedies: 3.4.1. cause the Customer, upon written demand of Miraclon and at Customer's expense, to make the Equipment available for removal by Miraclon and Miraclon may retake possession of the Equipment without any court order or other process of law; and 3.4.2. declare, with immediate effect, all sums payable under this Agreement due and recover damages from the Customer; and 3.4.3. terminate any software licenses and provision of services between Miraclon and the Customer; and 3.4.4. exercise any remedy at law or equity, including any right or remedy which may otherwise be available to Miraclon under Applicable Law. 3.4.5. The Customer shall pay all collection costs and attorney fees as damages and not as a penalty in all proceedings arising under or in connection with this Agreement or Miraclon's enforcement of any of its terms, including without limitation, arbitrations, civil actions, bankruptcy proceedings, mediation, and post-judgment actions or appeals. ▇▇▇▇▇▇▇▇Miraclon's action or failure to act on one remedy constitutes neither an election to be limited thereto nor a waiver of any other remedy nor a release of the Customer from the liability to return the Equipment or for any loss or claim with respect thereto; and nothing herein shall be deemed to prejudice ▇▇▇▇▇▇▇▇'s right to recover or prove damages for unpaid lease accrued prior to default, or ban an action for a deficiency as herein provided; and the bringing of an action with an entry of judgment against the Customer shall not bar ▇▇▇▇▇▇▇▇Miraclon's right to repossess any or all Equipment. ▇▇▇▇▇▇▇▇Miraclon's remedies shall be available to ▇▇▇▇▇▇▇▇Miraclon's successors and assigns, shall be in addition to all other remedies provided by Applicable Law, and may be exercised concurrently or consecutively. Upon possession or surrender of any Equipment, Miraclon may, at its option, retain and operate the Equipment for its own account, or lease, sell or otherwise dispose of the Equipment as it sees fit, with or without prior notice and on public or private bid. The Customer shall in any event remain liable to Miraclon for any deficiency that exists. 4. Risk of Loss, Title, Insurance and Cooperation.

Consequences of Default. If an Event of Default occurs, Miraclon may, in its sole discretion, terminate this Agreement and/or exercise any or all of the following remedies: 3.4.1. cause the Customer, upon written demand of Miraclon and at Customer's expense, to make the Equipment available for removal by Miraclon and Miraclon may retake possession of the Equipment without any court order or other process of law; and 3.4.2. declare, with immediate effect, all sums payable under this Agreement due and recover damages from the Customer; and 3.4.3. terminate any software licenses and provision of services between Miraclon and the Customer; and 3.4.4. exercise any remedy at law or equity, including any right or remedy which may otherwise be available to Miraclon under Applicable Law. 3.4.5. The Customer shall pay all collection costs and attorney fees as damages and not as a penalty in all proceedings arising under or in connection with this Agreement or Miraclon's enforcement of any of its terms, including without limitation, arbitrations, civil actions, bankruptcy proceedings, mediation, and post-judgment actions or appeals. ▇▇▇▇▇▇▇▇Miraclon's action or failure to act on one remedy constitutes neither an election to be limited thereto nor a waiver of any other remedy nor a release of the Customer from the liability to return the Equipment or for any loss or claim with respect thereto; and nothing herein shall be deemed to prejudice ▇▇▇▇▇▇▇▇'s right to recover or prove damages for unpaid lease accrued prior to default, or ban an action for a deficiency as herein provided; and the bringing of an action with an entry of judgment against the Customer shall not bar ▇▇▇▇▇▇▇▇Miraclon's right to repossess any or all Equipment. ▇▇▇▇▇▇▇▇Miraclon's remedies shall be available to ▇▇▇▇▇▇▇▇Miraclon's successors and assigns, shall be in addition to all other remedies provided by Applicable Law, and may be exercised concurrently or consecutively. Upon possession or surrender of any Equipment, Miraclon may, at its option, retain and operate the Equipment for its own account, or lease, sell or otherwise dispose of the Equipment as it sees fit, with or without prior notice and on public or private bid. The Customer shall in any event remain liable to Miraclon for any deficiency that exists. 4. Risk of Loss, Title, Insurance and Cooperationexist.

Consequences of Default. If an Event of Default occurs, Miraclon may, in its sole discretion, terminate this Agreement and/or exercise any or all of the following remedies:remedies:‌ 3.4.1. cause the Customer, upon written demand of Miraclon and at Customer's expense, to make the Equipment available for removal by Miraclon and Miraclon may retake possession of the Equipment without any court order or other process of law; and 3.4.2. declare, with immediate effect, all sums payable under this Agreement due and recover damages from the Customer; and 3.4.3. terminate any software licenses and provision of services between Miraclon and the Customer; andand‌ 3.4.4. exercise any remedy at law or equity, including any right or remedy which may otherwise be available to Miraclon under Applicable Law. The Customer shall pay all collection costs and attorney fees as damages and not as a penalty in all proceedings arising under or in connection with this Agreement or Miraclon's enforcement of any of its terms, including without limitation, arbitrations, civil actions, bankruptcy proceedings, mediation, and post-judgment actions or appeals. ▇▇▇▇▇▇▇▇Miraclon's action or failure to act on one remedy constitutes neither an election to be limited thereto nor a waiver of any other remedy nor a release of the Customer from the liability to return the Equipment or for any loss or claim with respect thereto; and nothing herein shall be deemed to prejudice ▇▇▇▇▇▇▇▇'s right to recover or prove damages for unpaid lease accrued prior to default, or ban an action for a deficiency as herein provided; and the bringing of an action with an entry of judgment against the Customer shall not bar ▇▇▇▇▇▇▇▇Miraclon's right to repossess any or all Equipment. ▇▇▇▇▇▇▇▇Miraclon's remedies shall be available to ▇▇▇▇▇▇▇▇Miraclon's successors and assigns, shall be in addition to all other remedies provided by Applicable Law, and may be exercised concurrently or consecutively. Upon possession or surrender of any Equipment, Miraclon may, at its option, retain and operate the Equipment for its own account, or lease, sell or otherwise dispose of the Equipment as it sees fit, with or without prior notice and on public or private bid. The Customer shall in any event remain liable to Miraclon for any deficiency that exists. 4. Risk of Loss, Title, Insurance and Cooperation.

Consequences of Default. If an Event of Default occurs, Miraclon may, in its sole discretion, terminate this Agreement and/or exercise any or all of the following remedies: 3.4.1. cause the Customer, upon written demand of Miraclon and at Customer's expense, to make the Equipment available for removal by Miraclon and Miraclon may retake possession of the Equipment without any court order or other process of law; and 3.4.2. declare, with immediate effect, all sums payable under this Agreement due and recover damages from the Customer; and 3.4.3. terminate any software licenses and provision of services between Miraclon and the Customer; and 3.4.4. exercise any remedy at law or equity, including any right or remedy which may otherwise be available to Miraclon under Applicable Law. 3.4.5. The Customer shall pay all collection costs and attorney fees as damages and not as a penalty in all proceedings arising under or in connection with this Agreement or Miraclon's enforcement of any of its terms, including without limitation, arbitrations, civil actions, bankruptcy proceedings, mediation, and post-judgment actions or appeals. ▇▇▇▇▇▇▇▇Miraclon's action or failure to act on one remedy constitutes neither an election to be limited thereto nor a waiver of any other remedy nor a release of the Customer from the liability to return the Equipment or for any loss or claim with respect thereto; and nothing herein shall be deemed to prejudice ▇▇▇▇▇▇▇▇'s right to recover or prove damages for unpaid lease accrued prior to default, or ban an action for a deficiency as herein provided; and the bringing of an action with an entry of judgment against the Customer shall not bar ▇▇▇▇▇▇▇▇Miraclon's right to repossess any or all Equipment. ▇▇▇▇▇▇▇▇Miraclon's remedies shall be available to ▇▇▇▇▇▇▇▇Miraclon's successors and assigns, shall be in addition to all other remedies provided by Applicable Law, and may be exercised concurrently or consecutively. Upon possession or surrender of any Equipment, Miraclon may, at its option, retain and operate the Equipment for its own account, or lease, sell or otherwise dispose of the Equipment as it sees fit, with or without prior notice and on public or private bid. The Customer shall in any event remain liable to Miraclon for any deficiency that existsexist. 4. Risk of Loss, Title, Insurance and Cooperation.