Common use of Default Termination and Remedies Clause in Contracts

Default Termination and Remedies. A. Client Default. Client will be in default under the Agreement if any of the following i. Client fails to make any payment of money in a timely manner; ii. Client violates, permits any violation of, or acts in a manner inconsistent with, any licenses, agreements, or intellectual property rights related to the Agreement, any Hardware or Software serviced under the Agreement, or any Purchased Equipment; iii. Client fails or refuses to perform each and every covenant in the Agreement; iv. Client fails to maintain consistent communication with Crunchsoft; Crunchsoft sends courtesy notice, consisting of established client contact information on file, after 23 days of absent communication between Client and Crunchsoft. Client then has 7 days to contact Crunchsoft; should there be no contact from the Client to Crunchsoft and its staff for longer than the indicated 30 days, the services outlined in the Agreement, Estimate and/or Proposal and/or Quote are considered satisfactory and completed. Any and all payments made to Crunchsoft are non-refundable from Crunchsoft for any reason. v. any representation or warranty of Client is untrue or becomes untrue during the Term; vi. Client or its Affiliates commit or permit any other default under or breach of the Agreement or any other agreement between Client and Crunchsoft; or vii. Client does not provide adequate access to Client’s facilities or takes any other action that causes Crunchsoft to not be able to perform their obligations under this Agreement; viii. commences a voluntary proceeding under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consents to the entry of an order for relief in any involuntary case under any such Applicable Law, or consents to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian, sequestrator (or similar official) of the Defaulting Party or for substantially all of its property or the Defaulting Party makes any general assignment for the benefit of its creditors; or

Default Termination and Remedies. A. Client Default. Client will be in default under the Agreement if any of the followingfollowing occur: i. Client fails to make any payment of money in a timely manner; ii. Client violates, permits any violation of, or acts in a manner inconsistent with, any licenses, agreements, or intellectual property rights related to the Agreement, any Hardware or Software serviced under the Agreement, or any Purchased Equipment; iii. Client fails or refuses to perform each and every covenant in the Agreement; iv. Client fails to maintain consistent communication with Crunchsoft; Crunchsoft sends courtesy notice, consisting of established client contact information on file, after 23 days of absent communication between Client and Crunchsoft. Client then has 7 days to contact Crunchsoft; should there be no contact from the Client to Crunchsoft and its staff for longer than the indicated 30 days, the services outlined in the Agreement, Estimate and/or Proposal and/or Quote are considered satisfactory and completed. Any and all payments made to Crunchsoft are non-refundable from Crunchsoft for any reason. v. any representation or warranty of Client is untrue or becomes untrue during the Term; vi. Client or its Affiliates commit or permit any other default under or breach of the Agreement or any other agreement between Client and Crunchsoft; or vii. Client does not provide adequate access to Client’s facilities or takes any other action that causes Crunchsoft to not be able to perform their obligations under this Agreement; viii. commences a voluntary proceeding under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consents to the entry of an order for relief in any involuntary case under any such Applicable Law, or consents to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian, sequestrator (or similar official) of the Defaulting Party or for substantially all of its property or the Defaulting Party makes any general assignment for the benefit of its creditors; or