Your default Clause Samples
The "Your default" clause defines what constitutes a breach or failure by a party to fulfill their obligations under the agreement. Typically, this clause outlines specific events or conditions—such as missed payments, failure to deliver goods or services, or insolvency—that will be considered a default. It may also describe the process for notifying the defaulting party and any grace periods for remedying the breach. The core function of this clause is to clearly establish the circumstances under which one party is considered in default, thereby providing a basis for the other party to take remedial action or terminate the contract if necessary.
Your default. 65.1 If you default at any time in the observance or performance of your obligations under this Agreement we may, without prejudice to any of our rights, powers or remedies, at your cost, pay money and do things in our opinion reasonably necessary for the performance of your obligations.
(a) We will consult you before paying such money or doing such things.
(b) You will immediately pay us all money we paid and the costs of us doing such things. Until we receive such payment, the money we paid and costs we incurred shall be treated as an advance by us and you will pay interest on that advance at the Default Interest Rate.
65.2 Alternatively, upon such default, we may terminate this Agreement in accordance with clauses 70.1(b) and 70.2.
Your default. 8.1 If you breach this Agreement:
(a) all amounts you owe us, whether or not due for payment, become immediately payable;
(b) you must pay interest at 10% per annum on any outstanding amount calculated daily from the date due for payment until the date of payment;
(c) we may, without penalty to us or notice to you, suspend or terminate the supply of Services to you or any other obligation we may have under this Agreement. Without limiting that generality, we may access the premises to remove any Equipment and immediately cease provision of the Services. In that case we are not liable to you if you suffer any loss of or interruption to your business, loss of data or other consequential loss;
(d) you indemnify us for all loss we suffer as a result of such breach (including legal costs, on a full indemnity basis, for enforcing this Agreement or protecting our interests); and
(e) we may exercise these and any other remedies against you separately or concurrently.
Your default i. If you default by non-payment or non-performance of any obligation under this Agreement or if any proceedings under any bankruptcy, liquidation or insolvency laws are started by or against you, we will have the right to exercise any one of the following remedies:
a. Declare all unpaid amounts of the Sales Invoice to be immediately due and payable
b. Require you to make available all documentation and to assemble such parts of the Goods which has not been paid for and to make the same available at a time and place reasonably convenient to us
c. Take possession without demand or notice (where the right to demand or notice is expressly waived by you under this clause) of all parts of the Goods yet unpaid for
d. Sell, lease or otherwise dispose of the Goods publicly or privately
e. Terminate this Agreement in whole or in part, and/or
f. Pursue any other remedies existing at law or in equity.
ii. In addition to any other payment obligations under the Agreement, you agree to pay to us all costs and expenses, including reasonable legal fees and costs incurred by us, in exercising any of our rights and remedies we are entitled to.
Your default. If any one of the events described in Section 16 that gives us the right to terminate occurs, or the CRS Software becomes inaccessible or fails to perform properly by your act or omission, or you assign or transfer, or attempt to assign or transfer the right to access the CRS Software without our consent, except as permitted under the Franchise Agreement, then to the extent permitted by applicable law, we shall have the right to suspend the CRS Software maintenance service, while the default remains uncured. We may suspend access by means of affecting your USER ID and Password, which may require a new or modified User ID or Password if and when access to the Service resumes.
Your default. 54.1 If you default at any time in the observance or performance of your obligations under this Licence we may, without prejudice to any of our rights, powers or remedies, at your cost, pay money and do things in our opinion reasonably necessary for the performance of your obligations.
(a) We will consult you before paying such money or doing such things.
(b) You will immediately pay us all money we paid and the costs of us doing such things. Until we receive such payment, the money we paid and costs we incurred will be treated as an advance by us and you must pay interest on that advance at the Default Interest Rate.
54.2 Alternatively, upon such default, if the default is significant or becomes significant because it continues, we may terminate this Licence in accordance with clause 58.
Your default. If you fail to pay any amount when due under this Agreement, have not otherwise performed or complied with any of these Terms, in whole or in part, or become insolvent, file a petition for bankruptcy or commence or have commenced against you proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors, we may cancel or suspend further deliveries or terminate the Agreement without affecting any contractual, legal or equitable rights or remedies that we may have. Without limiting our remedies, we will be entitled to cancellation charges for finished Goods and work in process which we commenced to reasonably meet the delivery schedule, as well as to quantity price adjustments reflecting volume pricing quoted based on quantities ordered but cancelled due to your default, and all costs, direct and indirect, incurred or committed and not recoverable, plus prorated anticipated profits. Continued shipment of Goods after your default will not constitute a waiver of our rights or remedies for the default.
Your default. We are not liable for any damage or loss that your breach, misrepresentation, or mistake causes.
Your default. If any of the following events occur, you will be in default under this Lease:
Your default. 7.1 If We are prevented or delayed from performing Our obligations under this Agreement by Your act or omission (other than Your delay where You are excused under this Agreement) then we reserve the right to charge you for all reasonable costs, charges and losses sustained or incurred by Us as a result. We shall promptly notify You of any claim which we may have under this clause 7.1 giving such particulars as then able to provide.
Your default. 9.1 Where you do not provide
9.1.1 sufficient staff under the terms of any licence and/or
9.1.2 staff that (in the opinion of the Council) are sufficiently experienced or trained in the tasks required of them then the Council reserves the right to engage whatever professional staff are deemed by the Council to be necessary in the interests of safety, proper control and good management of the Event at your own cost. The Council’s decision on this matter shall be final.
9.2 Where you do not :
9.2.1 meet your insurance obligations under clause 11 and/or
9.2.2 comply with any of your obligations under clause 7 this Agreement may at the discretion of the Council be terminated. Any sums outstanding at the date of termination whether by reason of default or otherwise shall become due on that date.