Common use of Default and Consequences of Default Clause in Contracts

Default and Consequences of Default. 15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Contractor’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 15.2 If the Client owes the Contractor any money the Client shall indemnify the Contractor from and against all costs and disbursements incurred by the Contractor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Contractor’s contract default fee, and bank dishonour fees). 15.3 Further to any other rights or remedies the Contractor may have under this Contract, if a Client has made payment to the Contractor, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor under this clause 15 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 15.4 Without prejudice to the Contractor’s other remedies at law the Contractor shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Contractor shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Contractor becomes overdue, or in the Contractor’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the Contractor; (c) the Client becomes insolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Sources: Contract Agreement

Default and Consequences of Default. 15.1 16.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Contractor▇▇▇▇ Hire’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 15.2 16.2 If the Client owes the Contractor ▇▇▇▇ Hire any money the Client shall indemnify the Contractor ▇▇▇▇ Hire from and against all costs and disbursements incurred by the Contractor ▇▇▇▇ Hire in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Contractor▇▇▇▇ Hire’s contract default fee, and bank dishonour fees). 15.3 16.3 Further to any other rights or remedies the Contractor ▇▇▇▇ Hire may have under this Contract, if a Client has made payment to the Contractor▇▇▇▇ Hire, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor ▇▇▇▇ Hire under this clause 15 16 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 15.4 16.4 Without prejudice to the Contractor▇▇▇▇ Hire’s other remedies at law the Contractor ▇▇▇▇ Hire shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Contractor ▇▇▇▇ Hire shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Contractor ▇▇▇▇ Hire becomes overdue, or in the Contractor▇▇▇▇ Hire’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the Contractor▇▇▇▇ ▇▇▇▇; (c) the Client becomes insolvent or bankruptinsolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Sources: Contract

Default and Consequences of Default. 15.1 21.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the ContractorTW’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 15.2 21.2 If the Client owes the Contractor TW any money the Client shall indemnify the Contractor TW from and against all costs and disbursements incurred by the Contractor TW in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the ContractorTW’s contract default feecollection agency costs, and bank dishonour fees). 15.3 21.3 Further to any other rights or remedies the Contractor TW may have under this Contract, if a Client has made payment to the ContractorTW, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor TW under this clause 15 21, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 15.4 21.4 Without prejudice to the ContractorTW’s other remedies at law the Contractor TW shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Contractor TW shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Contractor TW becomes overdue, or in the ContractorTW’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the ContractorTW; (c) the Client becomes insolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Sources: Contract

Default and Consequences of Default. 15.1 16.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Contractor▇▇▇▇▇▇▇ Air’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 15.2 16.2 If the Client owes the Contractor ▇▇▇▇▇▇▇ Air any money the Client shall indemnify the Contractor ▇▇▇▇▇▇▇ Air from and against all costs and disbursements incurred by the Contractor ▇▇▇▇▇▇▇ Air in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Contractor▇▇▇▇▇▇▇ Air’s contract default feecollection agency costs, and bank dishonour fees). 15.3 16.3 Further to any other rights or remedies the Contractor ▇▇▇▇▇▇▇ Air may have under this Contract, if a the Client has made payment to the Contractor▇▇▇▇▇▇▇ Air, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor ▇▇▇▇▇▇▇ Air under this clause 15 16 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 15.4 16.4 Without prejudice to the Contractor▇▇▇▇▇▇▇ Air’s other remedies at law the Contractor ▇▇▇▇▇▇▇ Air shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Contractor ▇▇▇▇▇▇▇ Air shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Contractor ▇▇▇▇▇▇▇ Air becomes overdue, or in the Contractor▇▇▇▇▇▇▇ Air’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the Contractor▇▇▇▇▇▇▇ Air; (c) the Client becomes insolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Sources: Service Agreement

Default and Consequences of Default. 15.1 18.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Contractor’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 15.2 18.2 If the Client owes the Contractor any money the Client shall indemnify the Contractor from and against all costs and disbursements incurred by the Contractor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Contractor’s contract default fee, and bank dishonour fees). 15.3 18.3 Further to any other rights or remedies the Contractor may have under this Contract, if a Client has made payment to the Contractor, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor under this clause 15 18 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 15.4 18.4 Without prejudice to the Contractor’s other remedies at law the Contractor shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Contractor shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Contractor becomes overdue, or in the Contractor’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the Contractor; (c) the Client becomes insolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Sources: Contract

Default and Consequences of Default. 15.1 19.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the ContractorMEL’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 15.2 19.2 If the Client owes the Contractor ▇▇▇ any money the Client shall indemnify the Contractor ▇▇▇ from and against all costs and disbursements incurred by the Contractor ▇▇▇ in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the ContractorMEL’s contract default feecollection agency costs, and bank dishonour fees). 15.3 19.3 Further to any other rights or remedies the Contractor ▇▇▇ may have under this Contract, if a Client has made payment to the Contractor▇▇▇, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor ▇▇▇ under this clause 15 19, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 15.4 19.4 Without prejudice to the ContractorMEL’s other remedies at law the Contractor ▇▇▇ shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Contractor ▇▇▇ shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Contractor ▇▇▇ becomes overdue, or in the ContractorMEL’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the Contractor▇▇▇; (c) the Client becomes insolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Sources: Contract

Default and Consequences of Default. 15.1 18.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%2.5 ) per calendar month (and at the ContractorRKJ’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 15.2 18.2 If the Client owes the Contractor RKJ any money the Client shall indemnify the Contractor RKJ from and against all costs and disbursements incurred by the Contractor RKJ in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the ContractorRKJ’s contract default feecollection agency costs, and bank dishonour fees). 15.3 18.3 Further to any other rights or remedies the Contractor RKJ may have under this Contract, if a Client has made payment to the ContractorRKJ, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor RKJ under this clause 15 18., where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 15.4 18.4 Without prejudice to the ContractorRKJ’s other remedies at law the Contractor RKJ shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Contractor RKJ shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Contractor RKJ becomes overdue, or in the ContractorRKJ’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the ContractorRKJ; (c) the Client becomes insolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Sources: Service Agreement

Default and Consequences of Default. 15.1 19.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Contractor’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 15.2 19.2 If the Client owes the Contractor any money the Client shall indemnify the Contractor from and against all costs and disbursements incurred by the Contractor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Contractor’s contract default feefees, and bank dishonour fees). 15.3 19.3 Further to any other rights or remedies the Contractor may have under this Contract, if a Client has made payment to the Contractor, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor under this clause 15 19 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 15.4 19.4 Without prejudice to the Contractor’s other remedies at law the Contractor shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Contractor shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Contractor becomes overdue, or in the Contractor’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the Contractor; (c) the Client becomes insolvent or bankruptinsolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Sources: Contract

Default and Consequences of Default. 15.1 19.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Contractor’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 15.2 19.2 If the Client owes the Contractor any money the Client shall indemnify the Contractor from and against all costs and disbursements incurred by the Contractor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Contractor’s contract default fee, and bank dishonour fees). 15.3 19.3 Further to any other rights or remedies the Contractor may have under this Contract, if a Client has made payment to the Contractor, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor under this clause 15 19 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 15.4 19.4 Without prejudice to the Contractor’s other remedies at law the Contractor shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Contractor shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Contractor becomes overdue, or in the Contractor’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the Contractor; (c) the Client becomes insolvent or bankruptinsolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Sources: Service Agreement

Default and Consequences of Default. 15.1 (a) Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the ContractorSupplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 15.2 (b) If the Client owes the Contractor Supplier any money the Client shall indemnify the Contractor Supplier from and against all costs and disbursements incurred by the Contractor Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the ContractorSupplier’s contract default feecollection agency costs, and bank dishonour fees). 15.3 (c) Further to any other rights or remedies the Contractor Supplier may have under this Contract, if a Client has made payment to the ContractorSupplier, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor Supplier under this clause 15 41, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 15.4 (d) Without prejudice to the ContractorSupplier’s other remedies at law the Contractor Supplier shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Contractor Supplier shall, whether or not due for payment, become immediately payable if: (a) : • any money payable to the Contractor Supplier becomes overdue, or in the ContractorSupplier’s opinion the Client will be unable to make a payment when it falls due; (b) ; • the Client has exceeded any applicable credit limit provided by the Contractor; (c) Supplier; • the Client becomes insolvent or bankruptinsolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) or • a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Sources: Service Agreement

Default and Consequences of Default. 15.1 13.1. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the ContractorSupplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 15.2 13.2. If the Client Customer owes the Contractor Supplier any money the Client Customer shall indemnify the Contractor Supplier from and against all costs and disbursements incurred by the Contractor Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the ContractorSupplier’s contract default fee, and bank dishonour fees). 15.3 13.3. Further to any other rights or remedies the Contractor Supplier may have under this Contract, if a Client Customer has made payment to the ContractorSupplier, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor Supplier under this clause 15 13 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 15.4 13.4. Without prejudice to the ContractorSupplier’s other remedies at law the Contractor Supplier shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Contractor Supplier shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Contractor Supplier becomes overdue, or in the ContractorSupplier’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the ContractorSupplier; (c) the Client Customer becomes insolvent or bankruptinsolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Sources: Supply Agreement

Default and Consequences of Default. 15.1 24.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the ContractorSupplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 15.2 24.2 If the Client Customer owes the Contractor Supplier any money the Client Customer shall indemnify the Contractor Supplier from and against all costs and disbursements incurred by the Contractor Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client Customer basis, the ContractorSupplier’s contract default feecollection agency costs, and bank dishonour fees). 15.3 24.3 Further to any other rights or remedies the Contractor Supplier may have under this Contract, if a Client Customer has made payment to the ContractorSupplier, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor Supplier under this clause 15 24, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 15.4 24.4 Without prejudice to the ContractorSupplier’s other remedies at law the Contractor Supplier shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Contractor Supplier shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Contractor Supplier becomes overdue, or in the ContractorSupplier’s opinion the Client Customer will be unable to make a payment when it falls due;; and (b) the Client Customer has exceeded any applicable credit limit provided by the Contractor;Supplier; and (c) the Client Customer becomes insolvent or bankruptinsolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Sources: Supply Agreement

Default and Consequences of Default. 15.1 30.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the ContractorProvider’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 15.2 30.2 If the Client Customer owes the Contractor Provider any money money, the Client Customer shall indemnify the Contractor Provider from and against all costs and disbursements disbursements: (a) incurred; and/or (b) which would be incurred and/or (c) for which by the Contractor Customer would be liable; in recovering the debt (including but not limited regard to internal administration fees, legal costs on a solicitor and own client basis, internal administration fees, the ContractorProvider’s contract fees owing for breach of these terms and conditions’, including, but not limited to, contract default feefees and/or recovery costs (if applicable), and as well as bank dishonour fees). 15.3 30.3 Further to any other rights or remedies the Contractor Provider may have under this Contract, if a Client Customer has made payment to the ContractorProvider, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor Provider under this clause 15 30 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 15.4 30.4 Without prejudice to the ContractorProvider’s other remedies at law the Contractor Provider shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Contractor Provider shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Contractor Provider becomes overdue, or in the ContractorProvider’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the ContractorProvider; (c) the Client Customer becomes insolvent or bankruptinsolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Sources: Confidentiality Agreement

Default and Consequences of Default. 15.1 14.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the ContractorSupplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 15.2 14.2 If the Client owes the Contractor Supplier any money the Client shall indemnify the Contractor Supplier from and against all costs and disbursements incurred by the Contractor Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the ContractorSupplier’s contract default feecollection agency costs, and bank dishonour fees). 15.3 14.3 Further to any other rights or remedies the Contractor Supplier may have under this Contract, if a Client has made payment to the ContractorSupplier, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor Supplier under this clause 15 14, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 15.4 14.4 Without prejudice to the ContractorSupplier’s other remedies at law the Contractor Supplier shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Contractor Supplier shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Contractor Supplier becomes overdue, or in the ContractorSupplier’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the ContractorSupplier; (c) the Client becomes insolvent or bankruptinsolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Sources: Supply Agreement

Default and Consequences of Default. 15.1 19.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Contractor’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 15.2 19.2 If the Client Customer owes the Contractor any money the Client Customer shall indemnify the Contractor from and against all costs and disbursements incurred by the Contractor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Contractor’s contract default feecollection agency costs, and bank dishonour fees). 15.3 19.3 Further to any other rights or remedies the Contractor may have under this Contract, if a Client Customer has made payment to the Contractor, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor under this clause 15 19 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 15.4 19.4 Without prejudice to the Contractor’s other remedies at law the Contractor shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Contractor shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Contractor becomes overdue, or in the Contractor’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the Contractor; (c) the Client Customer becomes insolvent or bankruptinsolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Sources: Contract

Default and Consequences of Default. 15.1 17.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Contractor’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 15.2 17.2 If the Client Customer owes the Contractor any money the Client Customer shall indemnify the Contractor from and against all costs and disbursements incurred by the Contractor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Contractor’s contract default feecollection agency costs, and bank dishonour fees). 15.3 17.3 Further to any other rights or remedies the Contractor may have under this Contract, if a Client Customer has made payment to the Contractor, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor under this clause 15 17 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 15.4 17.4 Without prejudice to the Contractor’s other remedies at law the Contractor shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Contractor shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Contractor becomes overdue, or in the Contractor’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the Contractor; (c) the Client Customer becomes insolvent or bankruptinsolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Sources: Contract

Default and Consequences of Default. 15.1 13.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Contractor’s ▇▇▇▇ Springs’ sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 15.2 13.2 If the Client Customer owes the Contractor ▇▇▇▇ Springs any money the Client Customer shall indemnify the Contractor ▇▇▇▇ Springs from and against all costs and disbursements incurred by the Contractor ▇▇▇▇ Springs in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Contractor’s ▇▇▇▇ Springs’ contract default fee, and bank dishonour fees). 15.3 13.3 Further to any other rights or remedies the Contractor ▇▇▇▇ Springs may have under this Contract, if a Client Customer has made payment to the Contractor▇▇▇▇ Springs, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor ▇▇▇▇ Springs under this clause 15 13 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 15.4 13.4 Without prejudice to the Contractor’s ▇▇▇▇ Springs’ other remedies at law the Contractor ▇▇▇▇ Springs shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Contractor ▇▇▇▇ Springs shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Contractor ▇▇▇▇ Springs becomes overdue, or in the Contractor’s ▇▇▇▇ Springs’ opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the Contractor▇▇▇▇ Springs; (c) the Client Customer becomes insolvent or bankruptinsolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Sources: Contract

Default and Consequences of Default. 15.1 18.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Contractor’s Primary Sales sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 15.2 18.2 If the Client Customer owes the Contractor Primary Sales any money the Client Customer shall indemnify the Contractor Primary Sales from and against all costs and disbursements incurred by the Contractor Primary Sales in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Contractor’s Primary Sales contract default fee, and bank dishonour fees). 15.3 18.3 Further to any other rights or remedies the Contractor Primary Sales may have under this Contract, if a Client Customer has made payment to the ContractorPrimary Sales, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor Primary Sales under this clause 15 18 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 15.4 18.4 Without prejudice to the Contractor’s Primary Sales other remedies at law the Contractor Primary Sales shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Contractor Primary Sales shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Contractor Primary Sales becomes overdue, or in the Contractor’s Primary Sales opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the ContractorPrimary Sales; (c) the Client Customer becomes insolvent or bankruptinsolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Sources: Contract

Default and Consequences of Default. 15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the ContractorL.I’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 15.2 If the Client owes the Contractor L.I any money the Client shall indemnify the Contractor L.I from and against all costs and disbursements incurred by the Contractor L.I in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the ContractorL.I’s contract default fee, and bank dishonour fees). 15.3 Further to any other rights or remedies the Contractor L.I may have under this Contract, if a Client has made payment to the ContractorL.I, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor L.I under this clause 15 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 15.4 Without prejudice to the ContractorL.I’s other remedies at law the Contractor L.I shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Contractor L.I shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Contractor L.I becomes overdue, or in the ContractorL.I’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the ContractorL.I; (c) the Client becomes insolvent or bankruptinsolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Sources: Contract

Default and Consequences of Default. 15.1 22.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a one half percent (2.5%) per calendar month (and at the ContractorRJA’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 15.2 22.2 If the Client owes the Contractor RJA any money the Client shall indemnify the Contractor ▇▇▇▇▇▇▇▇▇ ▇▇▇ from and against all costs and disbursements incurred by the Contractor RJA in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis▇▇▇▇▇, the Contractor▇▇▇’s contract default feefees, and bank dishonour fees). 15.3 22.3 Further to any other rights or remedies the Contractor RJA may have under this Contract, if a the Client has made payment to the ContractorRJA, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor RJA under this clause 15 22 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 15.4 22.4 Without prejudice to the ContractorRJA’s other remedies at law the Contractor RJA shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled unperformed in addition to and without prejudice to any other remedies and all amounts owing to the Contractor RJA shall, whether or not due for payment, become immediately payable ifin the event that: (a) any money payable to the Contractor RJA becomes overdue, or in the ContractorRJA’s opinion the Client will be unable to make a payment when it falls meet its payments as they fall due;; or (b) the Client has exceeded any applicable credit limit provided by the ContractorRJA; (c) the Client becomes insolvent or bankruptinsolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Sources: Service Agreement

Default and Consequences of Default. 15.1 17.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Contractor’s B & ▇ ▇▇▇▇▇’▇ sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 15.2 17.2 If the Client owes the Contractor B & H Stone any money the Client shall indemnify the Contractor B & H Stone from and against all costs and disbursements incurred by the Contractor B & H Stone in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Contractor’s B & ▇ ▇▇▇▇▇’▇ contract default fee, and bank dishonour fees). 15.3 17.3 Further to any other rights or remedies the Contractor B & H Stone may have under this Contract, if a Client has made payment to the ContractorB & H Stone, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor B & H Stone under this clause 15 17 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 15.4 17.4 Without prejudice to the Contractor’s B & ▇ ▇▇▇▇▇’▇ other remedies at law the Contractor B & H Stone shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Contractor B & H Stone shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Contractor B & H Stone becomes overdue, or in the Contractor’s B & ▇ ▇▇▇▇▇’▇ opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the ContractorB & ▇ ▇▇▇▇▇; (c) the Client becomes insolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Sources: Contract

Default and Consequences of Default. 15.1 19.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the ContractorSupplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 15.2 19.2 If the Client owes the Contractor Supplier any money the Client shall indemnify the Contractor Supplier from and against all costs and disbursements incurred by the Contractor Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the ContractorSupplier’s contract default fee, and bank dishonour fees). 15.3 19.3 Further to any other rights or remedies the Contractor Supplier may have under this Contract, if a Client has made payment to the ContractorSupplier, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor Supplier under this clause 15 19 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 15.4 19.4 Without prejudice to the ContractorSupplier’s other remedies at law the Contractor Supplier shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Contractor Supplier shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Contractor Supplier becomes overdue, or in the ContractorSupplier’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the Contractor; (c) the Client becomes insolvent or bankrupt, convenes a meeting with its creditors or proposes Supplier; or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Sources: Contract

Default and Consequences of Default. 15.1 18.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the ContractorCompany’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 15.2 18.2 If the Client owes the Contractor Company any money the Client shall indemnify the Contractor Company from and against all costs and disbursements incurred by the Contractor Company in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the ContractorCompany’s contract default feefees, and bank dishonour fees). 15.3 Further 18.3 Without prejudice to any other rights or remedies the Contractor Company may have under this Contracthave, if a Client has made payment to the Contractor, and the transaction is subsequently reversed, at any time the Client shall be liable for is in breach of any obligation (including those relating to payment) under these terms and conditions the amount Company may suspend or terminate the supply of the reversed transaction, in addition to any further costs incurred by the Contractor under this clause 15 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention Services to the Client’s obligations . The Company will not be liable to the Client for any loss or damage the Client suffers because the Company has exercised its rights under this Contractclause. 15.4 18.4 Without prejudice to the ContractorCompany’s other remedies at law the Contractor Company shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Contractor Company shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Contractor Company becomes overdue, or in the ContractorCompany’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the Contractor; (c) the Client becomes insolvent or bankruptinsolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (dc) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Sources: Terms and Conditions

Default and Consequences of Default. 15.1 17.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Contractor’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 15.2 17.2 If the Client owes the Contractor any money the Client shall indemnify the Contractor from and against all costs and disbursements incurred by the Contractor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Contractor’s contract default fee, and bank dishonour fees). 15.3 17.3 Further to any other rights or remedies the Contractor may have under this ContractAgreement, if a Client has made payment to the Contractor, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor under this clause 15 17 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this ContractAgreement. 15.4 17.4 Without prejudice to the Contractor’s other remedies at law the Contractor shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Contractor shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Contractor becomes overdue, or in the Contractor’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the Contractor; (c) the Client becomes insolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Sources: Service Agreement

Default and Consequences of Default. 15.1 22.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Contractor’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 15.2 22.2 If the Client owes the Contractor any money the Client shall indemnify the Contractor from and against all costs and disbursements incurred by the Contractor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Contractor’s contract default feecollection agency costs, and bank dishonour fees). 15.3 22.3 Further to any other rights or remedies the Contractor may have under this Contract, if a Client has made payment to the Contractor, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor under this clause 15 22, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 15.4 22.4 Without prejudice to the Contractor’s other remedies at law the Contractor shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Contractor shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Contractor becomes overdue, or in the Contractor’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the Contractor; (c) the Client becomes insolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Sources: Contract

Default and Consequences of Default. 15.1 17.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Contractor’s ▇▇▇▇▇▇’▇ sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 15.2 17.2 If the Client owes the Contractor ▇▇▇▇ ▇▇▇▇▇▇ any money the Client shall indemnify the Contractor ▇▇▇▇▇▇ from and against all costs and disbursements incurred by the Contractor ▇▇▇▇▇▇ in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Contractor’s ▇▇▇▇▇▇’▇ contract default fee, and bank dishonour fees). 15.3 17.3 Further to any other rights or remedies the Contractor ▇▇▇▇▇▇ may have under this Contract, if a Client has made payment to the Contractor▇▇▇▇▇▇, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor ▇▇▇▇▇▇ under this clause 15 17 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 15.4 17.4 Without prejudice to the Contractor’s ▇▇▇▇▇▇’▇ other remedies at law the Contractor ▇▇▇▇▇▇ shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Contractor ▇▇▇▇▇▇ shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Contractor ▇▇▇▇▇▇ becomes overdue, or in the Contractor’s ▇▇▇▇▇▇’▇ opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the Contractor▇▇▇▇▇▇; (c) the Client becomes insolvent or bankruptinsolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Sources: Contract

Default and Consequences of Default. 15.1 21.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Contractor’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 15.2 21.2 If the Client owes the Contractor any money the Client shall indemnify the Contractor from and against all costs and disbursements incurred by the Contractor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Contractor’s contract default fee, and bank dishonour fees). 15.3 21.3 Further to any other rights or remedies the Contractor may have under this Contract, if a Client has made payment to the Contractor, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor under this clause 15 21 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 15.4 21.4 Without prejudice to the Contractor’s other remedies at law the Contractor shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Contractor shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Contractor becomes overdue, or in the Contractor’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the Contractor; (c) the Client becomes insolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Sources: Construction Contract

Default and Consequences of Default. 15.1 19.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the ContractorSupplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 15.2 19.2 If the Client owes the Contractor Supplier any money the Client shall indemnify the Contractor Supplier from and against all costs and disbursements incurred by the Contractor Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the ContractorSupplier’s contract default feecollection agency costs, and bank dishonour fees). 15.3 19.3 Further to any other rights or remedies the Contractor Supplier may have under this Contract, if a Client has made payment to the ContractorSupplier, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor Supplier under this clause 15 19, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 15.4 19.4 Without prejudice to the ContractorSupplier’s other remedies at law the Contractor Supplier shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Contractor Supplier shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Contractor Supplier becomes overdue, or in the ContractorSupplier’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the ContractorSupplier; (c) the Client becomes insolvent or bankruptinsolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Sources: Supply Agreement

Default and Consequences of Default. 15.1 17.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Contractor’s Contractor‟s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 15.2 17.2 If the Client owes the Contractor any money the Client shall indemnify the Contractor from and against all costs and disbursements incurred by the Contractor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Contractor’s Contractor‟s contract default fee, and bank dishonour fees). 15.3 17.3 Further to any other rights or remedies the Contractor may have under this Contract, if a Client has made payment to the Contractor, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor under this clause 15 17 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s Client‟s obligations under this Contract. 15.4 17.4 Without prejudice to the Contractor’s Contractor‟s other remedies at law the Contractor shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Contractor shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Contractor becomes overdue, or in the Contractor’s Contractor‟s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the Contractor; (c) the Client becomes insolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Sources: Contract

Default and Consequences of Default. 15.1 21.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Contractor’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 15.2 21.2 If the Client Customer owes the Contractor any money the Client Customer shall indemnify the Contractor from and against all costs and disbursements incurred by the Contractor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Contractor’s contract default feecollection agency costs, and bank dishonour fees). 15.3 21.3 Further to any other rights or remedies the Contractor may have under this Contract, if a Client Customer has made payment to the Contractor, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor under this clause 15 21, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 15.4 21.4 Without prejudice to the Contractor’s other remedies at law the Contractor shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Contractor shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Contractor becomes overdue, or in the Contractor’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the Contractor; (c) the Client Customer becomes insolvent or bankruptinsolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Sources: Contract

Default and Consequences of Default. 15.1 16.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Contractor’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 15.2 16.2 If the Client owes the Contractor any money the Client shall indemnify the Contractor from and against all costs and disbursements incurred by the Contractor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Contractor’s contract default feecollection agency costs, and bank dishonour fees). 15.3 16.3 Further to any other rights or remedies the Contractor may have under this Contractcontract, if a Client has made payment to the Contractor, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor under this clause 15 16 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contractcontract. 15.4 16.4 Without prejudice to the Contractor’s other remedies at law the Contractor shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Contractor shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Contractor becomes overdue, or in the Contractor’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the Contractor; (c) the Client becomes insolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (dc) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Sources: Contract Agreement

Default and Consequences of Default. 15.1 17.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Contractor▇▇▇▇’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 15.2 17.2 If the Client owes the Contractor Hiko any money the Client shall indemnify the Contractor Hiko from and against all costs and disbursements incurred by the Contractor ▇▇▇▇ in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Contractor▇▇▇▇’s contract default feecollection agency costs, and bank dishonour fees). 15.3 17.3 Further to any other rights or remedies the Contractor Hiko may have under this Contract, if a Client has made payment to the ContractorHiko, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor ▇▇▇▇ under this clause 15 17 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 15.4 17.4 Without prejudice to the Contractor▇▇▇▇’s other remedies at law the Contractor ▇▇▇▇ shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Contractor Hiko shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Contractor ▇▇▇▇ becomes overdue, or in the Contractor▇▇▇▇’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the Contractor▇▇▇▇; (c) the Client becomes insolvent or bankruptinsolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Sources: Contract

Default and Consequences of Default. 15.1 18.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Contractor’s ▇▇▇▇▇’▇ sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 15.2 18.2 If the Client owes the Contractor ▇▇▇▇▇ any money money, the Client shall indemnify the Contractor ▇▇▇▇▇ from and against all costs and disbursements incurred by the Contractor in recovering the debt (including but not limited to internal administration fees, ▇▇▇▇▇ regarding legal costs on a solicitor and own client basis, the Contractor’s internal administration fees, ▇▇▇▇▇’▇ contract fees owing for breach of these terms and conditions, including but not limited to, contract default feefees and/or recovery costs (if applicable), and as well as bank dishonour fees). 15.3 18.3 Further to any other rights or remedies the Contractor ▇▇▇▇▇ may have under this Contract, if a Client has made payment to the Contractor▇▇▇▇▇, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor ▇▇▇▇▇ under this clause 15 18 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 15.4 18.4 Without prejudice to the Contractor’s ▇▇▇▇▇’▇ other remedies at law the Contractor ▇▇▇▇▇ shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Contractor ▇▇▇▇▇ shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Contractor ▇▇▇▇▇ becomes overdue, or in the Contractor’s ▇▇▇▇▇’▇ opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the Contractor▇▇▇▇▇; (c) the Client becomes insolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Sources: Contract

Default and Consequences of Default. 15.1 25.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a one half percent (2.5%) per calendar month (and at the ContractorJSW’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 15.2 25.2 If the Client owes the Contractor JSW any money the Client shall indemnify the Contractor JSW from and against all costs and disbursements incurred by the Contractor JSW in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the ContractorJSW’s contract default feefees, and bank dishonour fees). 15.3 25.3 Further to any other rights or remedies the Contractor JSW may have under this Contract, if a the Client has made payment to the ContractorJSW, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor JSW under this clause 15 25 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 15.4 25.4 Without prejudice to the ContractorJSW’s other remedies at law the Contractor JSW shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled unperformed in addition to and without prejudice to any other remedies and all amounts owing to the Contractor JSW shall, whether or not due for payment, become immediately payable ifin the event that: (a) any money payable to the Contractor JSW becomes overdue, or in the ContractorJSW’s opinion the Client will be unable to make a payment when it falls meet its payments as they fall due;; or (b) the Client has exceeded any applicable credit limit provided by the ContractorJSW; (c) the Client becomes insolvent or bankruptinsolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Sources: Transportation Agreement

Default and Consequences of Default. 15.1 16.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Contractor’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 15.2 16.2 If the Client owes the Contractor any money the Client shall indemnify the Contractor from and against all costs and disbursements incurred by the Contractor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Contractor’s contract default fee, and bank dishonour fees). 15.3 16.3 Further to any other rights or remedies the Contractor may have under this ContractAgreement, if a Client has made payment to the Contractor, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor under this clause 15 16 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this ContractAgreement. 15.4 16.4 Without prejudice to the Contractor’s other remedies at law the Contractor shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Contractor shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Contractor becomes overdue, or in the Contractor’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the Contractor; (c) the Client becomes insolvent or bankruptinsolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Sources: Service Agreement