Default by User Clause Samples

Default by User. If any default is made in the payment of the required rent, or security deposit, or in any of the terms and provisions of this Agreement, the Township may at any time declare this Agreement terminated and prevent the undersigns use of the facility, as well as the use of any Township facility in the future.

Default by User. > (a) if there is any adverse change in the business or financial condition of <User> or an event occurs which could, in <Service Provider>’s reasonable opinion, materially affect <User>'s ability to meet its obligations to <Service Provider> under this Service Agreement; or (b) if <User> is in default under any other agreement with <Service Provider> under which <Service Provider> provides Reference Services to <User>.

Default by User. 15.1 Recognizing the importance to the City of maintaining a first-class image and operation of the Municipal Dock, User shall maintain at all times a professional relationship with the City, with other Users and with other persons visiting and using the Municipal Dock. Upon conviction of User for any felonious activity, User shall be in default, and must vacate the Slip immediately. 15.2 In addition to any other default as so defined by the Use Agreement or by law, the following events shall be deemed to be events of default by the User under this Use Agreement: (a) User’s failure to pay any installment of the use fee when such failure continues for a period of ten (10) days after the due date, or the User’s failure to pay any other expense as herein provided when such failure continues for a period of ten (10) days after written demand by the City; (b) User’s failure to comply with any term, provision or covenant of this Use Agreement, other than the payment of the use fee or expenses; (c) harassment, intimidation, retribution, or verbal, physical or emotional abuse directed by any person to any other person; (d) desertion or vacation of the Slip. Actual removal of User's Vessel for more than thirty (30) consecutive days, together with the failure to pay the use fee as required herein, will constitute desertion or vacation. Vessels removed from the facility for emergency or major vessel repairs will not be considered desertion as described herein, provided the City is notified of such repairs; or (e) User's failure to maintain a sufficient level of activity from charter business equal to at least fifty two (52) charter trips or eighteen thousand seven hundred and twenty and no/100 dollars ($18,720) annually in gross income (as determined in 2008 constant dollars) from the charter business (the “Charter Business Activity”). It shall be the express obligation of User (and not of the City) to maintain adequate records to evidence such Charter Business Activity (as determined by the City in its reasonable discretion) and User shall provide evidence of the same to the City: (i) annually on October 1 of each year of this Use Agreement; and (ii) upon ten (10) days request by the City to User. 15.3 In the event of any default by User under the Use Agreement, the City may, at its option and without limiting any other right or remedy: (a) Recover possession of the slip on behalf of User and enter into a use agreement for the Slip to another party. User shall remai...

Default by User. The following acts constitute defaults by User (“Acts of Default”): a. Failing to timely pay the RV Site use rate, outlined in Paragraph 4, above, or other lawful charges when due under this Agreement; b. Giving false information to Campground; c. User, User’s guests and/or occupants failing to comply with this Agreement, such as violating provisions of this Agreement or committing serious misconduct or criminal acts; d. Remaining on the Property after giving notice of termination and intent to vacate; and/or e. Remaining on the Property after Campground gave notice of termination at the end of the term or an Agreement Termination Notice, outlined in Paragraph 7, above.

Default by User. An Event of Default by User occurs when User: (a) suffers an Insolvency Event; (b) defaults in performance of a material obligation under this Agreement (Default) and, where the Default is capable of being remedied, does not remedy the Default within a period of 21 Days from the date of User's receipt of Notice from Service Provider requiring the Default to be remedied; or (c) fails to pay any amount due to Service Provider and that amount, plus interest accrued at the Interest Rate plus 2% per annum, is still outstanding 7 Days after the date of User's receipt of Notice of the outstanding amount from Service Provider (Payment Default).

Default by User. In the event of the User’s Default, Horizon Power Pilbara Network may notify the User of the User’s Default, which notice must: (1) state that the notice is a notice of Default; and (2) require the User to remedy the User’s Default. If the User’s Default is a payment Default under clause 27.1(a), the User must remedy that Default within 3 Business Days after receiving a notice under clause 27.2(a). If the User’s Default is a Default other than a payment Default under clause 27.1(a), the User must, within 5 Business Days after receiving a notice under clause 27.2(a), either: (1) remedy that Default; or (2) have commenced remedying that Default, and be diligently proceeding with that remedy (in each case to Horizon Power Pilbara Network’s reasonable satisfaction). If the User: (1) fails to remedy a Default; or (2) where applicable, fails to have commenced remedying a Default, and be diligently proceeding with that remedy (in each case, to Horizon Power Pilbara Network’s reasonable satisfaction), within the time required by clauses 27.2(b) or 27.2(c) (as applicable), without limiting its right under clause 27.2(e), Horizon Power Pilbara Network may De- energise, or Curtail the provision of Services in respect of, all or any of the User’s Connection Points while the User’s Default is continuing. Notwithstanding anything else in this clause 27.2, if the User’s Default has not been remedied by the User within 20 Business Days after receiving a notice under clause 27.2(a), Horizon Power Pilbara Network may terminate this Contract by written notice, with immediate effect.

Default by User. 15.1 Recognizing the importance to the City of maintaining a first-class image and operation of the Municipal Dock, User shall maintain at all times a professional relationship with the City, with other Users and with other persons visiting and using the Municipal Dock. Upon conviction of User for any felonious activity, User shall be in default, and must vacate the Slip immediately. 15.2 In addition to any other default as so defined by the Use Agreement or by law, the following events shall be deemed to be events of default by the User under the Use Agreement: (a) User’s failure to pay any installment of the use fee when such failure continues for a period of ten (10) days after the due date, or the User’s failure to pay any other expense as herein provided when such failure continues for a period of ten

Default by User. > (a) if there is any adverse change in the business or financial condition of <User> or an event occurs which could, in the reasonable opinion of <Service Provider> if there is any adverse change in the business or financial condition of <User> or an event occurs which could, in <Service Provider>’s reasonable opinion, materially affect <User>'s ability to meet its obligations to <Service Provider> under this Haulage Contract; or (a) if <User> is in default under any other agreement with <Service Provider> under which <Service Provider> provides Pipeline Services to <User>. under which <Service Provider>, provides Pipeline Services to <User>.

Default by User. The occurrence of any one or more of the following events with respect to a party (“Defaulting Party”) shall constitute a default (“Default”) under this Agreement: (a) if User fails to make any payment of any amount due to GPMC under this Agreement and such default continues unremedied for a period of 30 days following notice thereof from GPMC to the User; or (b) if a Defaulting Party fails to perform or observe any of its material obligations or covenants under this Agreement and such failure continues unremedied for a period of 30 days following notice thereof (giving particulars of the failure in reasonable detail) from the non-Defaulting Party to the Defaulting Party or for such longer period as may be reasonably necessary to cure such failure, provided, in the latter case, that the Defaulting Party has demonstrated to the satisfaction of the non-Defaulting Party, acting reasonably, that (i) the User is proceeding, and will proceed, with all due diligence to cure or cause to be cured such failure, and (ii) its proceeding can be reasonably expected to cure or cause to be cured such failure within a reasonable period of time acceptable to the non- Defaulting Party, acting reasonably, and such failure is in fact cured within such period of time; or (c) if the User takes any action for its dissolution or winding-up, other than as part of any bona fide corporate reorganization with one or more of its Affiliates; or (d) if a trustee, receiver, receiver and manager, interim receiver, custodian, liquidator, provisional liquidator, agent for a secured creditor or other Person with similar powers is appointed in any manner in respect of the Defaulting Party or in respect of all or a substantial portion of its property or assets and such appointment continues unstayed and in effect and is not withdrawn, overturned, set aside or revoked within the period of 30 days following the appointment; or (e) if the Defaulting Party becomes insolvent, admits its inability to pay or fails to pay its debts generally as they become due, acknowledges its insolvency, makes an assignment in bankruptcy or makes any other assignment for the benefit of creditors, or files any proposal, notice of intention or petition or otherwise commences or consents to or acquiesces in the commencement of any proceeding seeking any reorganization, arrangement, compromise, composition, compounding, extension of time, moratorium or adjustment of liabilities of the User under the Companies’ Creditors ...