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9. Default by Ambient:
Ambient will be in default (Ambient Default) if Ambient (i) fails to perform
any obligation in this Agreement which continues for 30 days following
Ambient’s receipt of written notice of default; or (ii) terminates its existence,
discontinues business, has a receiver appointed for any part of its property,
makes any assignment for the benefit of creditors, or has any proceedings
under any bankruptcy, reorganization or similar laws commenced by or
against it. Upon the occurrence of any Ambient Default, the customer may,
immediately and without notice, terminate this Agreement in whole or as to
a specified part of the equipment and services. The remedy provided in this
section is the customer’s sole remedy for Ambient’s failure to perform
any obligation.
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7. Risk of Loss:
The customer bears all risk for lost, damaged or stolen equipment. If offered
by Ambient, the customer may enroll the equipment in Ambient’s Pager
Loss Protection Program, upon Ambient’s standard terms and conditions for
the program.
8. Default by Customer:
The customer will be in default (Customer Default) if the customer (i) fails to
make any payment by the due date; (ii) fails to perform any other obligation
in this Agreement which continues for 30 days following the customer’s
receipt of written notice of default; or (iii) terminates its existence,
discontinues business, has a receiver appointed for any of its property,
makes any assignment for the benefit of creditors, or has any proceedings
under any bankruptcy, reorganization or similar laws commenced by or
against it. Upon the occurrence of any Customer Default, Ambient may,
immediately and without notice, exercise one or more of the following
remedies, in addition to any other remedies available at law or in equity:
(a) terminate this Agreement in whole or as to a specified part of the
equipment and services; and (b) suspend any or all services.