Default by Subscriber Sample Clauses

The 'Default by Subscriber' clause defines the consequences and procedures that apply if the subscriber fails to fulfill their obligations under the agreement. Typically, this clause outlines what constitutes a default, such as missed payments or failure to comply with service terms, and specifies the remedies available to the provider, which may include suspension of services, penalties, or termination of the contract. Its core practical function is to protect the provider by establishing clear recourse in the event of non-compliance, thereby ensuring accountability and minimizing potential losses.
Default by Subscriber. If an officer of the Company delivers to the Escrow Agent a notice in writing (the "Subscriber Default Notice"), in form and substance satisfactory to the Escrow Agent, stating that the Subscriber has breached its obligations pursuant to Section 3.2 hereof and setting out the particulars in support of such default and the amount of Securities and Dividend Securities that the Company wishes released to it from the Escrow Fund (the "Company Escrow Release"), then the Escrow Agent shall give the Subscriber written notice of such Subscriber Default Notice and if on or before the 10th day after giving such notice: (i) the Subscriber delivers to the Escrow Agent a notice of dispute (the "Subscriber Disputing Declaration"), in form and substance satisfactory to the Escrow Agent, declaring that the Company is not entitled to the Company Escrow Release, and the particulars in support of the dispute, then the provisions of Section 3.4(c) hereof shall apply; or (ii) the Subscriber has not delivered to the Escrow Agent the Subscriber Disputing Declaration, then the Escrow Agent shall deliver to the Subscriber the Certificates in respect of the Securities and Dividend Securities set forth in Subscriber Default Notice from the Escrow Fund.
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Default by Subscriber. The occurrence of any one or more of --------------------- the following listed events shall constitute a default by Subscriber. 9.1.1 The failure to pay any amounts due under this Agreement after the date they are due and payable; ALLTEL may, at ALLTEL's sole option and without limiting any remedy available to ALLTEL, notify the customers of any Vendor Subscriber who has payments that are overdue by thirty (30) days or more that Vendor Subscriber's Products may no longer be available on the lnterChange; 9.1.2 The failure to fully and properly perform as required under this Agreement, or otherwise to comply with any material term or provision hereof. 9.1.3 The filing by, against or on behalf of Subscriber of any petition or pleading under the Federal Bankruptcy Act or any other federal or state insolvency laws or regulations unless dismissed within 60 days; 9.1.4 The appointment by any court or under any law of a receiver, trustee or other custodian of the property, assets or business of Subscriber; or 9.1.5 The assignment by Subscriber of all or any part of its property or assets for the benefit of its creditors.
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Default by Subscriber. If Subscriber fails to pay any amount herein within ten (10) days after the same is due and payable, or if Subscriber fails to perform any other provisions hereof within ten (10) days after COMPANY shall have requested in writing performance thereof, Company shall have right but shall not be obligated to exercise anyone or more of the following remedies: (a) Recover the existing amounts due from Subscriber and continue to monitor the system, in which case COMPANY shall be entitled to recover, in addition, the monthly charge due under the contract for said services; or (b) Recover from Subscriber all sums COMPANY may be entitled to under the law.
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Default by Subscriber. It is agreed that in the event Subscriber defaults in the performance of his obligations hereunder, that the damages sustained by KHS would be difficult to ascertain. Therefore, Subscriber agrees that in the event he defaults, KHS shall be entitled to recover ONE HUNDRED PERCENT (100%) of all monitoring payments remaining under this Agreement as liquidated damages. It is agreed by Subscriber that such damages are fair and reasonable in light of such circumstance and should not be considered a penalty.
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Default by Subscriber. LOTUS shall construe the following to be events of default by Subscriber i.e. If LOTUS determines that:- • Subscriber commits any material or persistent breach of any provision in these EUTCs (in case of a breach being capable of being remedied) which shall have remained unremedied within fifteen (15) days after the receipt of a request in writing, to remedy such breach; or • any of Subscriber’s representations in these EUTCs are untrue; or • petition or other proceeding in bankruptcy or insolvency is filed against Subscriber; or • Subscriber by any act, omission, commission, wilful default or negligence violates or contravenes the Intellectual Property Rights in the Software and the Services, without prejudice to the aforesaid; LOTUS reserve its right to adopt legal proceedings against Subscriber, in accordance with the applicable law. •
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Default by Subscriber. If Subscriber fails to pay any amount herein provided within ten (10) days after the same is due and payable, or if Subscriber fails to perform any other provisions hereof within ten (10) days after the City shall have requested in writing performance thereof, the City shall have the right but shall not be obligated to exercise its rights to recover the money owed under this Agreement, to disconnect the Subscriber from the system upon five (5) days written notice to Subscriber and to recover from Subscriber any and all sums to which the City may be entitled under law.
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Related to Default by Subscriber

  • Default by Purchaser IN THE EVENT THE CLOSING AND THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED HEREIN DO NOT OCCUR AS PROVIDED HEREIN (TIME BEING OF THE ESSENCE) BY REASON OF ANY DEFAULT OF PURCHASER, PURCHASER AND SELLER AGREE IT WOULD BE IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX THE DAMAGES WHICH SELLER MAY SUFFER. PURCHASER AND SELLER HEREBY AGREE THAT (i) AN AMOUNT EQUAL TO THE ▇▇▇▇▇▇▇ MONEY DEPOSIT, TOGETHER WITH ALL INTEREST ACCRUED THEREON, IS A REASONABLE ESTIMATE OF THE TOTAL NET DETRIMENT SELLER WOULD SUFFER IN THE EVENT PURCHASER DEFAULTS AND FAILS TO COMPLETE THE PURCHASE OF THE PROPERTY, AND (ii) SUCH AMOUNT SHALL BE PAID TO SELLER AND WILL BE THE FULL, AGREED AND LIQUIDATED DAMAGES FOR PURCHASER’S DEFAULT AND FAILURE TO COMPLETE THE PURCHASE OF THE PROPERTY, AND WILL BE SELLER’S SOLE AND EXCLUSIVE REMEDY (WHETHER AT LAW OR IN EQUITY) FOR ANY DEFAULT OF PURCHASER RESULTING IN THE FAILURE OF CONSUMMATION OF THE CLOSING, WHEREUPON THIS AGREEMENT WILL TERMINATE AND SELLER AND PURCHASER WILL HAVE NO FURTHER RIGHTS OR OBLIGATIONS HEREUNDER, EXCEPT WITH RESPECT TO THE TERMINATION SURVIVING OBLIGATIONS. NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED IN THIS SECTION 13.2 HEREIN WILL LIMIT SELLER’S REMEDIES AT LAW, IN EQUITY OR AS HEREIN PROVIDED IN THE EVENT OF A BREACH BY PURCHASER OF ANY OF THE CLOSING SURVIVING OBLIGATIONS OR THE TERMINATION SURVIVING OBLIGATIONS.

  • Default by Buyer THE PARTIES HAVE AGREED THAT SELLER’S ACTUAL DAMAGES IN THE EVENT OF A FAILURE TO CONSUMMATE THE SALE DUE TO BUYER’S DEFAULT WOULD BE EXTREMELY DIFFICULT OR IMPRACTICABLE TO DETERMINE. AFTER NEGOTIATION, THE PARTIES HAVE AGREED THAT, CONSIDERING ALL THE CIRCUMSTANCES EXISTING ON THE DATE OF THIS AGREEMENT, THE AMOUNT OF THE ▇▇▇▇▇▇▇ MONEY IS A REASONABLE ESTIMATE OF THE DAMAGES THAT SELLER WOULD INCUR IN THE EVENT OF BUYER’S DEFAULT. IN THE EVENT BUYER FAILS, WITHOUT LEGAL EXCUSE, TO COMPLETE THE PURCHASE OF THE PROPERTY, THE ▇▇▇▇▇▇▇ MONEY MADE BY BUYER SHALL BE FORFEITED TO SELLER AS LIQUIDATED DAMAGES AND THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO SELLER FOR SUCH FAILURE. BY PLACING THEIR INITIALS BELOW, EACH PARTY SPECIFICALLY CONFIRMS THE ACCURACY OF THE STATEMENTS MADE ABOVE AND THE FACT THAT EACH PARTY WAS REPRESENTED BY COUNSEL WHO EXPLAINED, AT THE TIME THIS AGREEMENT WAS MADE, THE CONSEQUENCES OF THIS LIQUIDATED DAMAGES PROVISION. THIS SECTION 8.1 IS NOT INTENDED TO LIMIT SELLER’S RIGHTS UNDER SECTIONS 2.2, 2.3 AND 10.2 OF THIS AGREEMENT.

  • Default by Seller Except as specifically provided elsewhere in this Contract, in the event that Seller fails to consummate this Contract or if Seller fails to perform any of Seller's other material obligations hereunder either prior to or at the Closing and such failure or refusal results from any reason other than the termination of this Contract by Purchaser pursuant to a right to terminate expressly set forth in this Contract or Purchaser's failure to perform Purchaser's obligations under this Contract, Purchaser may as its only remedy either (i) terminate this Contract by giving written notice thereof to Seller prior to or at the Closing, in which event Purchaser will be entitled to a return of the Deposit Note, whereupon neither party hereto will have any further rights or obligations hereunder, except (a) that Seller will authorize the Title Company to deliver to Purchaser the Deposit Note and Title Company will deliver the Deposit Note to Purchaser free of any claims by Seller or any other person with respect thereto, (b) that Seller shall reimburse Purchaser for its out of pocket costs associated with the negotiation and preparation of this Agreement and its examination of the Property, including, the fees and disbursements of its counsel, advisers, and agents, and (c) for provisions which survive Closing by their terms or (ii) enforce specific performance of Seller's duties and obligations under this Contract, provided that the right to enforce specific performance shall not require Seller to remove any title encumbrances placed on the Property after the Effective Date or require Seller to perform any covenant beyond the then current ability of Seller. In the event Purchaser fails to file an action for specific performance of this Contract on or before ninety (90) days after the date of such non-performance, Purchaser shall be deemed to have elected to proceed under clause (i) above and shall be deemed to have waived its right to enforce specific performance of this Contract.

  • Default by Owner If one or more of the following Events of Default shall occur and be continuing, that is to say: (a) breach by Owner of the representations, warranties and covenants of the Owner as set forth in Section 6.02 above); then, and in each and every such case (except in instances where the Event of Default has been cured within thirty (30) days after the date on which written notice of such default, requiring the same to be remedied, shall have been given to the Owner by the Servicer), the Servicer, by notice in writing to the Owner, may immediately terminate all of its responsibilities, duties and obligations as servicer under this Agreement. On or after the receipt by the Owner of such written notice, all responsibilities, duties and obligations of the Servicer to service the Mortgage Loans under this Agreement shall on the date set forth in such notice pass to and be vested in the successor appointed pursuant to Section 10 herein.

  • Purchaser Default If Purchaser defaults in its obligations hereunder to (a) deliver the Deposit, or (b) deliver the Purchase Price for each Property at the time required by Section 2.2.4 and, as a result, does not close on the purchase of the Properties on the Closing Date, then, immediately and without notice or cure, Purchaser shall forfeit the Deposit and neither party shall be obligated to proceed with the purchase and sale of the Properties. If Purchaser defaults in any of its other representations, warranties or obligations under this Agreement (including, without limitation, the failure to deliver to Escrow Agent the deliveries specified under Section 6.4 on the date required thereunder), and such default continues for more than ten (10) days after written notice from Sellers’ Representative, then Purchaser shall forfeit the Deposit and neither party shall be obligated to proceed with the purchase and sale of the Property. The Deposit constitutes liquidated damages and recourse to the Deposit is, except for Purchaser’s indemnity and confidentiality obligations hereunder, Sellers’ sole and exclusive remedy for Purchaser’s failure to perform its obligation to purchase the Properties or any breach of a representation or warranty by Purchaser hereunder. Sellers expressly waive the remedies of specific performance and additional damages for any default by Purchaser hereunder. SELLERS AND PURCHASER ACKNOWLEDGE THAT SELLERS’ DAMAGES WOULD BE DIFFICULT TO DETERMINE, AND THAT THE DEPOSIT IS A REASONABLE ESTIMATE OF SELLERS’ DAMAGES RESULTING FROM A DEFAULT BY PURCHASER IN ITS OBLIGATION TO PURCHASE THE PROPERTY. SELLERS AND PURCHASER FURTHER AGREE THAT THIS SECTION 11.1 IS INTENDED TO AND DOES LIQUIDATE THE AMOUNT OF DAMAGES DUE SELLERS, AND SHALL BE SELLERS’ EXCLUSIVE REMEDY AGAINST PURCHASER, BOTH AT LAW AND IN EQUITY, ARISING FROM OR RELATED TO A BREACH BY PURCHASER OF ITS OBLIGATION TO CONSUMMATE THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, OTHER THAN WITH RESPECT TO PURCHASER’S INDEMNITY AND CONFIDENTIALITY OBLIGATIONS HEREUNDER.