Common use of Default by You Clause in Contracts

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.

Appears in 2 contracts

Sources: Maintenance Plan Service Agreement, Maintenance Plan Service Agreement