Common use of Failure of Performance Clause in Contracts

Failure of Performance. Upon breach of Contract or failure of the Provider to provide Cemetery Merchandise and Services under this Contract, the Purchaser shall be entitled to a refund of any monies or premiums paid toward life insurance and annuities used to fund the Contract to the extent the premiums or sum of money paid exceeds the proceeds due from the life insurance and annuity contracts. The refund shall be made within thirty (30) days after the Provider receives the Purchaser’s written request for refund.

Appears in 4 contracts

Sources: Preneed Cemetery Merchandise and Services Contract, Preneed Cemetery Merchandise and Services Contract, Contract for Preneed Cemetery Merchandise and Services

Failure of Performance. Upon breach of Contract or failure of the Provider to provide Cemetery Funeral Merchandise and Services under this Contract, the Purchaser shall be entitled to a refund of any monies or premiums paid toward life insurance and annuities used to fund the Contract to the extent the premiums or sum of money paid exceeds the proceeds due from the life insurance and annuity contracts. The refund shall be made within thirty (30) days after the Provider receives the Purchaser’s written request for refund.

Appears in 4 contracts

Sources: Preneed Funeral Merchandise and Services Contract, Contract for Preneed Funeral Merchandise and Services, Contract for Preneed Funeral Merchandise and Services