Notes

5 TERMINATION AND SUSPENSION
5.1 The Customer may immediately terminate this Agreement:
(a) if VEOLIA becomes insolvent or unable to pay its debts or becomes involved in any action or process (including a voluntary process) associated with
insolvency such as external administration, or if it ceases or threatens
to cease carrying on all or part of its business or paying its debts;
(b) if VEOLIA is in material breach of this Agreement and fails to remedy the material breach within 14 days of the date of receiving written notice from the
Customer identifying and requiring remedy of that breach; or
(c) on written notice to VEOLIA within 7 days from the date of receiving written notice from VEOLIA of a variation to these Terms and Conditions of Supply if
Customer can reasonably demonstrate that the variation would have
a material adverse impact on the Customer and the Customer does not agree with the variation.
5.2 VEOLIA may immediately suspend provision of the Services or terminate this Agreement:
(a) if the Customer becomes bankrupt, insolvent or unable to pay its debts or becomes involved in any action or process (including a voluntary process)
associated with insolvency such as external administration
(b) If the Customer ceases or threatens to cease carrying on all or part of its business or paying its debts:
(c) if the Customer breaches any Essential Term of this Agreement and that breach is not remedied within 14 days of the date of the Customer receiving
written notice from VEOLIA identifying and requiring remedy of that
breach; or
5.3 On termination under clause 5.2, VEOLIA may, in addition and without prejudice to any other rights or remedies available to it:
(a) recover from the Customer as a debt due and payable:
(i) all amounts owing to VEOLIA and not paid by the Customer up to the date of termination.
(ii) liquidated damages under clause 6;
(iii) reasonable legal costs incurred by VEOLIA on an indemnity basis.
(iv) where relevant, rental fees for Leased Equipment that would have otherwise been paid by the Customer under the Agreement where VEOLIA is unable
to redeploy the Leased Equipment within 14 days of
termination, capped at 3 months’ rental fees or (at VEOLIA election) any break lease fee incurred by VEOLIA in relation to Leased Equipment due to the
termination; and
(v) default interest calculated at the Interest Rate on the clause 5.3(a)(i) and (ii) amounts from the date of termination until the date of payment by the
Customer of those amounts and on the clause 5.3(a)(iii) and
(iv) amounts from the date those amounts become due and payable until the date of payment by the Customer of those amounts.
(b) collect the Equipment