Default by You Clause Samples

Default by You. We reserve the right to terminate this agreement and the Plan Services without notice or refund if any of the following occur: (a) You permit any person other than an employee or authorized representative of Air Call to perform service on your unit (s); or (b) You fail to keep your account current. In the event of a default or other breach of this agreement by you, you agree to pay us interest at a rate of 1.5% per month or the legal rate whichever is greater for any overdue amounts or non-payment and to pay our reasonable attorneys’ fees and all costs and expenses for collection of any unpaid balances. Furthermore, failure to pay in full for any Plan Services shall allow us to cease work without any further responsibility or liability to you. In the event of non-payment, we may, without prior notice, discontinue all Plan Services and terminate our responsibilities to provide any Plan Services to you. No credit or offset by you shall be permitted when service or work is refused for non-payment. All work furnished, lost profit, and costs of handling shall be due immediately upon invoice by us without liability to replace any equipment for your unit(s). We shall have a security interest in the equipment, parts, and materials installed for you until payment in full is received by us and you acknowledge and agree to this security interest by accepting this agreement. This secured interest shall apply for all purposes, including any bankruptcy or against any person claiming any interest in or to the goods or equipment. In the event of non-payment, you also grant us an unhindered right of entry onto the premises at which the work is being performed to remove all materials or supplies placed by us.

Default by You. You are in default of this MSA if You (a) fail to cure any monetary breach within ten (10) days of receiving notice of the breach from Us; (b) fail to cure any non-monetary breach of any terms of this Agreement or applicable Service Order within fifteen (15) days of receiving notice of the breach from Us; or (c) file or initiate proceedings or have proceedings filed or initiated against You seeking liquidation, reorganization or other relief (such as the appointment of a trustee, receiver, liquidator, custodian or such other official) under any bankruptcy, insolvency or other similar law (each such event shall be a “Client Default”). Default by Us. We are in default of this Agreement if We fail to cure any non-monetary breach of any material term of this Agreement within thirty (30) days of receiving written notice of the breach from You (“Consultant Default”); provided, however, that You expressly acknowledge that malfunctioning of hardware, software and equipment, other service-related failure or degradation in performance, and issues caused by events and circumstances beyond Our control are not subject to a claim of a Consultant Default. Your sole and exclusive remedy for any failure of Service is limited to the remedies set forth in this Agreement. In the event of a Consultant Default, You may terminate the Services and this Agreement upon seven (7) days’ written notice to Us. Any termination shall not relieve You of Your obligations to pay all charges incurred hereunder prior to such termination.

Default by You. If any monthly repayment is not paid on its due date, then we may serve on you a notice of default. If you fail to pay the arrears before the date stated in the notice, the repayment balance less the monthly repayments already paid and less any rebate which we may allow shall become due and payable immediately. We shall be entitled to charge you the costs incurred by us in enforcing our rights under this Agreement, including the sum of one BD for every written or printed communication sent to you by us following such default. Our strict rights will not be prejudiced by any time given indulgence granted or allowance made.

Default by You. You are in default of this MSA if You (a) fail to cure any monetary breach within ten (10) days of receiving notice of the breach from Us; (b) fail to cure any non-monetary breach of any terms of this Agreement or applicable SOW within fifteen (15) days of receiving notice of the breach from Us; or (c) file or initiate proceedings or have proceedings filed or initiated against You seeking liquidation, reorganization or other relief (such as the appointment of a trustee, receiver, liquidator, custodian or such other official) under any bankruptcy, insolvency or other similar law (each such event shall be a “Client Default”).

Default by You if you fail to pay any rent or other charges as and when due hereunder, or if you abandon the apartment or fail to perform any of your obligations hereunder, or if any facts contained in your rental application are untrue or misleading, then, upon the happening of any said events, you shall be in default hereunder and Post may at its option terminate this agreement by written notice to you. You shall surrender possession of the apartment and any storage or garage area to Post upon the effective date of such termination notice and you shall be liable to Post for, and shall indemnify Post against, all rent loss and other expenses (for re-letting, cleaning or otherwise making the apartment suitable for re-letting) suffered or incurred by Post as a result of your default and the termination of the agreement. Post’s application of the security deposit (if any) shall not relieve you of liability for any other rent, charges, damages or other costs until the term of this agreement expires or the apartment is re-rented, whichever comes first. Once you have vacated the apartment, you will be sent a statement of deposit that may indicate a balance due to Post. Any such balance outstanding 30 days after mailing of the statement shall bear interest at the rate of 16 percent per annum, Interest on the debt evidenced by this agreement shall not exceed the maximum amount of non-usurious interest that may be contracted for, taken, reserved, charged, or received under law and any interest in excess of that maximum amount shall be credited on the principal of the debt or, if that has been paid, refunded. Notwithstanding the filing of a dispossessory proceeding and the issuance and execution of a writ of possession on account of any default by you, you shall remain liable to Post for all rent and other charges accrued through the date on which possession is obtained by Post and shall continue to be liable for any rent accruing thereafter until the earlier of (a) the expiration of the term of this agreement: or (b) the re-rental of the apartment.

Default by You. 9.1 If: (a) you fail punctually to make any Payments under this Agreement or any other agreement between LeasePlan and you, and such sum is not paid within 7 days of its due date; or (b) you fail to observe or perform any of the other terms and conditions of this Agreement and such failure is either not capable of being remedied or is not remedied within 30 days; or (c) any other agreement between LeasePlan and you is terminated by LeasePlan; or (d) if you allow any judgment against you to remain unsatisfied for 7 days; or (e) if you, being an individual, die or commit an act of bankruptcy; or (f) you call any meeting of your creditors or go into external administration; LeasePlan may, without prejudice to any other right under this Agreement, terminate this Agreement by sending you a written notice of termination. 9.2 You must inform LeasePlan in writing of the occurrence of any event described in clause 9.1 immediately upon the happening of the event. 9.3 If LeasePlan terminates this Agreement then, without prejudice to any other rights LeasePlan may have against you, you must immediately upon written demand pay to LeasePlan all amounts (including interest) due under this Agreement.

Default by You. 16.1 The Landlord reserves the right to recover possession of the Property if: 16.1.1 the Rent is unpaid 21 days after becoming payable whether it has been formally demanded or not; 16.1.2 You are declared bankrupt under the Insolvency ▇▇▇ ▇▇▇▇; 16.1.3 You have breached any of the terms in this Agreement; or 16.1.4 any of the grounds in Schedule 2 of the HA 1988 which have been set out in Schedule 4 to this Agreement: This clause 16.1 does not affect any of Your rights under the Protection from Eviction ▇▇▇ ▇▇▇▇. The Landlord cannot evict You without a court having first made an order for possession. 16.2 If The Landlord recovers possession of the Property pursuant to this clause, then the Tenancy shall end. Any right or remedy of The Landlord in respect of any breach of the terms of this Agreement by You will remain in force. 16.3 If You breach this Agreement or fail to fulfil any of its obligations under this Agreement, You will be liable to pay any reasonable costs over and above any court fixed costs properly incurred by The Landlord in remedying such breaches or in connection with the enforcement of those obligations, and in recovering possession of the Property under the HA 1988. 16.4 You will be liable to pay to The Landlord any sums The Landlord has been required to pay to the local authority in respect of Housing Benefit paid directly to it, which has subsequently been shown to have been paid incorrectly or as a result of fraud.

Default by You. The nonpayment or nonperformance of any of your obligations will be deemed a default if you fail to cure the same within thirty (30) calendar days after receiving written notice of such nonperformance or nonpayment. If a default has occurred, we may terminate, without further notice, your access to the Licensed Software and the implementation of the Licensed Software pursuant to this Agreement and claim all damages to which we may be entitled, including attorneys' fees and all other reasonable disbursements.

Default by You. If You fail to make any payment of any amounts payable herein as and when such payment becomes due and/or if You default in the performance of any of Your other (a) to terminate this Agreement; (b) to remedy any default of You as hereinafter described; or