Should the Customer Clause Samples

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Should the Customer fail to make available to the Logistic Swap Provider the Bank Guarantee by the 18th January 2017, or should the Bank Guarantee result not enforceable, the Logistic Swap Provider shall be entitled to suspend the acceptance at DPA and the delivery at PSV of Natural Gas (and be released from its underlying delivery and acceptance obligations) from the start date of the relevant Total Supply Period until and including the first Business Day that follows the receipt of a valid Bank Guarantee, while the end date of the Total Supply Period at the relevant Delivery Point shall remain as indicated in Article 3.1 (Sale and purchase of Natural Gas at the Delivery Point A) or Article 4.1 (Sale and purchase of Natural Gas at the PSV Delivery Point), as applicable. It is understood that, also in case of delay by the Customer in providing the above mentioned Bank Guarantee, the Fixed Amount payment obligation under this Contract shall apply from the start date of the Total Supply Period at PSV. Should the Customer fail to make available to the Logistic Swap Provider the Bank Guarantee by the 18th January 2017, or should the Bank Guarantee result not enforceable at such date, this shall be considered and constitute a Material Reason under this Contract with no additional grace period and the Logistic Swap Provider shall be entitled to terminate this Contract and the Customer shall pay to the Logistic Swap Provider a Termination Amount that the Parties agree to be equal to ten percent (10%) of the relevant Fixed Amount which would have been due and payable for the entire Total Supply Period at PSV if the Contract had not been terminated. For the sake of clarity the Termination Amount in case of any other early termination of the Contract shall be calculated pursuant to § 11 (Calculation of the Termination Amount) of the EFET Agreement. Any termination of this Contract shall be without prejudice to the rights of the Parties accrued until the date of termination. In such case the Logistic Swap Provider may enforce the Bid Bond as partial payment for the Termination Amount.
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Should the Customer a. breach any of the terms and conditions in this Agreement or Documentation and fail to remedy such breach within 30 business days after receipt of Notice (as hereinafter defined) from Excel4apps calling upon the Customer to do so; or b. commit any act of insolvency, or attempt to compromise any of its creditors, or allow any judgement against it to remain unsatisfied for seven days, or be subject to a provisional or final order to liquidation or judicial management; or c. in the case of the Customer being a natural person, his estate provisionally or finally sequestrated, or surrendered; or d. do, or cause to be done anything which may prejudice Excel4apps’ rights under this Agreement; then e. Excel4apps shall be entitled, in addition to and without prejudice to any other rights Excel4apps may have, Excel4apps may, in its sole discretion: i. terminate this Agreement and recover such damages as Excel4apps may have sustained; and/or ii. terminate the License Keys and the Customer’s rights to use the Software granted by this Agreement or the Documentation; and/or iii. demand immediate payment of all outstanding fees, training charges, reimbursements and all such damages which Excel4apps shall have sustained by reason of the failure of the Customer to carry out and fulfill its obligations hereunder
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Should the Customer. 8.1.1 default in paying his/her/its account strictly on due date or commit a breach of any of the terms or conditions of this contract; 8.1.2 being an individual, die or be provisionally or finally sequestrated or surrender or make application to surrender his estate or commit any act of insolvency; 8.1.3 being a partnership, the partnership is dissolved; 8.1.4 being a company or close corporation, is placed under a provisional or final order or liquidation or judicial management; 8.1.5 have a judgment recorded against it which remains unsatisfied for seven days; or compromises or attempts to compromise generally with any of his/her/its creditors; 8.1.6 enter into any transaction which has the effect of changing the beneficial ownership of the Customer's business; 8.1.7 being a company or close corporation, enters into any transaction which has the effect of a change in the effective control of the company or corporation; or 8.1.8 to the extent that the CPA applies to its business, fails to comply with provision thereof; then, without prejudice to any other right it might have: 8.1.9 CBI electric low voltage shall be entitled, but not compelled, forthwith to demand that all amounts outstanding by the Customer from whatsoever cause arising, be paid immediately; and 8.1.10 CBI electric low voltage shall furthermore be entitled to cancel any agreement which exists between it and the Customer and suspend the carrying out of any of its then uncompleted obligations, in which event the Customer shall have no claim or claims of whatsoever nature against CBI electric low voltage arising out of such cancellation or the suspension by CBI electric low voltage to carry out any obligations.
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Related to Should the Customer

  • The Customer a) It refers to the Natural or Juridical Person signing this BANKING PRODUCTS AND SERVICES AGREEMENT by stamping their signature on the activation form of any banking service or by signing on the signature cards of the account (s) as it appears in the files of THE BANK, and the persons appointed by him in any accounts or BANK SERVICES and includes its successors and persons authorized by him to carry out any banking operation, to draw, to dispose of the funds deposited in THE BANK and to instruct the BANK, or the person (s) joining this BANKING PRODUCTS AND SERVICES AGREEMENT by including them in an activation form for any banking service or by signing the account (s), as it appears in the files of THE BANK. Therefore, references to THE CUSTOMER in this BANKING PRODUCTS AND SERVICES AGREEMENT shall be applied and shall be binding upon each and every one of the persons having the status of CUSTOMER, and the assignees, agents or representatives thereof, who declare that they accept each and every one of the terms and conditions set forth in this BANKING PRODUCTS AND SERVICES AGREEMENT, and also declares that the information supplied by them to the BANK is true. b) Any reference to a person such as "DEBTOR", "CO-DEBTOR", "GUARANTOR", "GUARANTEE", "SIGNATURE", "MAIN CUSTOMER", "ADDITIONAL CUSTOMER", "CARDHOLDER" or "ACCOUNT HOLDER", GENERAL CONDITIONS or PARTICULAR CONDITIONS in this, or any document or communication of THE BANK, refers also to THE CUSTOMER; Therefore, any liability of the CUSTOMER shall be payable by such person.

  • Supplier A manufacturer, fabricator, distributor, supplier, or vendor of goods or equipment in connection with the Work, or any other party having a Contract or Purchase Order with the Contractor or with a Subcontractor to furnish materials or equipment to be incorporated in the Work by the Contractor or a Subcontractor.

  • Customer The agency or eligible user that purchases commodities or contractual services pursuant to the Contract.

  • Distributor The Trust hereby appoints the Distributor as general distributor of shares of beneficial interest (“Series shares”) of the Trust’s WCM Funds series (the “Series”) during the term of this Agreement. The Trust reserves the right, however, to refuse at any time or times to sell any Series shares hereunder for any reason deemed adequate by the Board of Trustees of the Trust.

  • Vendor upon request and without further consideration, shall perform any acts that may be deemed reasonably necessary or desirable by Customer to evidence more fully the transfer of ownership and/or registration of all Intellectual Property Rights in all Work Product to Customer to the fullest extent possible, including but not limited to the execution, acknowledgement and delivery of such further documents in a form determined by Customer. In the event Customer shall be unable to obtain Vendor’s signature due to the dissolution of Vendor or Vendor’s unreasonable failure to respond to Customer’s repeated requests for such signature on any document reasonably necessary for any purpose set forth in the foregoing sentence, Vendor hereby irrevocably designates and appoints Customer and its duly authorized officers and agents as Vendor’s agent and Vendor’s attorney-in-fact to act for and in Vendor’s behalf and stead to execute and file any such document and to do all other lawfully permitted acts to further any such purpose with the same force and effect as if executed and delivered by Vendor, provided however that no such grant of right to Customer is applicable if Vendor fails to execute any document due to a good faith dispute by Vendor with respect to such document. It is understood that such power is coupled with an interest and is therefore irrevocable. Customer shall have the full and sole power to prosecute such applications and to take all other action concerning the Work Product, and Vendor shall cooperate, at Customer’s sole expense, in the preparation and prosecution of all such applications and in any legal actions and proceedings concerning the Work Product.