Default by the Buyer Sample Clauses

Default by the Buyer. The Seller shall be entitled to all remedies, which shall be considered cumulative and not in derogation of one to the other, to which the Seller is entitled under the applicable law governing the Agreement, as well as any further rights or remedies granted under these Sales Terms or the Agreement. Seller shall be entitled to collect any and all lawyer’s fees, third party collection fees, and all reasonable costs and disbursements incurred by the Seller in the event of any breach or default by the Buyer in its performance under the Agreement or these Sales Terms.

Default by the Buyer. AND THE BUILDER 44

Default by the Buyer. AND THE BUILDER 44 ▇▇. BUYER’S SUPPLIES 47 13. ARBITRATION 49 14. SUCCESSOR AND ASSIGNS 51 15. TAXES, DUTIES AND REGISTRATION 52 16. PATENTS, TRADEMARKS AND COPYRIGHTS 53 17. INSURANCE 54 18. INTERPRETATION 56 19. NOTICE 57 20. EFFECTIVENESS OF THIS CONTRACT 58 21. EXCLUSIVENESS 59 EXHIBIT “A” EXHIBIT “B”

Default by the Buyer. If the buyer fails to make payment for the goods in accordance with condition 6 or otherwise commits a breach of the contract, or if the buyer offers to make any arrangements with its creditors or commits an act of bankruptcy or if any petition of bankruptcy be presented against the buyer or the buyer is unable to pay its debt as they fall due or if being a limited company any resolution or petition to wind up the buyer (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if a receiver, administration, administrative receiver or manager shall be appointed over the whole or any part of the buyers business or notice of intention to appoint an administrator is given by the buyer or its directors or by qualifying floating charge holder or if any distress or execution shall be levied upon any of the buyers goods or a secured lender to the buyer takes any steps to obtain possession of the property on which it is secured or otherwise to enforce its security all sums outstanding in respect of goods shall become payable immediately. The company may in its absolute discretion and without prejudice to any other rights which it may have : (a) suspend all future deliveries of goods to the buyer and/or terminate the contract without liability on its part; and/or (b) exercise any of its right to condition 9. and if the price for any goods delivered but not paid for shall become immediately due and payable notwithstanding any previous agreement to the contrary.

Default by the Buyer. In the event the close of escrow and the consummation of the transaction here contemplated do not occur by reason of any default by the Buyer, the Deposit will be disbursed to Seller. The Escrow Holder shall not require the Buyer’s written approval as a condition precedent to the disbursement of the Deposit to the Seller.

Default by the Buyer. 9.1. In the event of a delay in, or refusal of, acceptance of delivery continuing for more than 12 (twelve) workdays, DENTSPLY shall be entitled to rescind the contract and sell the goods directly at the Buyer’s expense. DENTSPLY may also decide at its sole discretion to store the respective goods at the expense and at the risk of the Buyer in accordance with the above provisions, and to invoice such goods as duly delivered and accepted. In this case, the purchase price shall become due for payment immediately. 9.2. Should the Buyer be in default in making any payment when due, DENTSPLY shall moreover have the right upon giving 12 (twelve) workdays' prior written notice to the Buyer to withhold any further deliveries until the relevant payment has been received. In the event DENTSPLY rescinds the contract in accordance with section 9.1 DENTSPLY shall further be entitled to request that the Buyer settle any outstanding payments, even if they are not yet due or if a respite has been granted. In such a case, agreed discounts shall become void, and DENTSPLY shall be entitled to claim the full invoiced amount without deductions. 9.3. The exercise of any of the above rights in an event of default shall in no case result in any liabilities and/or obligations of DENTSPLY to the Buyer, such as, in particular, an obligation to pay damages.

Default by the Buyer. In the event that (a) this Agreement is terminated by the Seller pursuant to Section 8.1(c)(ii) by reason of the failure of the Buyer to satisfy one or more of the conditions set forth in Section 6.2 and (b) all of the conditions set forth in Section 6.1 have been satisfied or offered to be immediately satisfied by the Seller, then the Buyer shall be liable to the Seller for all loss, damage or expense incurred by the Seller as a result of the Buyer's default, and the Seller shall be entitled to seek any remedy to which it may be entitled at law or in equity in the event of a material violation or breach of any agreement, representation or warranty contained in this Agreement (which remedies shall include, without limitation, an injunction or injunctions to prevent breaches of, or to obtain specific performance of any obligation hereunder, without limiting any monetary damages to which the Seller shall be entitled).

Default by the Buyer. 12.1. If the buyer fails to make payment for the Goods in accordance with Condition 5 or otherwise commits a breach of the Contract or if any distress or execution shall be levied upon any of the Buyers Goods or if the Buyer offers to make any arrangement with its creditors or commits an act of bankruptcy or if any petition in bankruptcy be presented against the Buyer or the Buyer is unable to pay its debts as they fall due or if being a limited company any resolution or petition to wind up the Buyer (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed of presented or if a receiver administrator, administrative receiver or manager shall be appointed over the whole or part of the Buyer's business or if the Buyer shall suffer any analogous proceedings under foreign law all sums outstanding in respect of Goods shall become payable immediately. 12.2. The Company may in its absolute discretion and without prejudice to any other rights which it may have suspend all future deliveries of Goods to the Buyer and/or terminate the Contract without liability upon its part and/or exercise any of its rights pursuant to Condition 9.

Default by the Buyer. It is a Default by the Buyer if: (a) the Buyer fails to make any payment or part payment owed by the Buyer to the Seller under this Agreement that remains unpaid: (1) 20 Business Days after the due date for payment; and (2) 20 Business Days after the Egyptian Ministry of Finance’s receipt of the ‘Outstanding Amount Notice’ (as defined in the PPA Direct Agreement) in respect of that amount under the PPA Direct Agreement; (b) the Buyer commits any material breach or contravention of the terms of this Agreement other than a breach for which the Seller is entitled to an extension of time under clause 12.2 or the payment of Delay Costs under clause 12.3 or a breach which results in Deemed Delivered Electricity; (c) any of the Principal Project Agreements (other than this Agreement) are terminated at any time due to a breach by a Principal Party that remains under the Control of the Arab Republic of Egypt; (d) the Buyer suffers an Insolvency Event and the PPA Direct Agreement does not continue to apply to its payment obligations under this Agreement; (e) Provisional Completion of the Network Operator’s Assets does not occur by the date which is 180 Days after the relevant Anticipated Date for Provisional Completion; or (f) Provisional Completion of the Road Works does not occur by the date which is 180 Days after the relevant Anticipated Date for Provisional Completion.