notice of the intended sale, lease, assignment or transfer to enable it to
make arrangements for the removal of the System out of the Vehicle;
f)
Any actual or threatened seizure, impoundment, or repossession of the
Vehicle;
g) Any other material breach of this Agreement by the Client.
In the event of early termination of this Agreement, the Client shall not be
entitled to any refund of prepaid fees or other charges, and the Early
Termination Fee shall become immediately due and payable. Any
termination of this Agreement, whether initiated by the Client or the Provider
will be reported to the RTA. Where the Provider removes the unit because
of participant behaviour, damage to the System, or non-compliance with
program conditions or user instructions, etc, the Provider will not reimburse
fees.
The Client acknowledges that early termination of this Agreement may
result in a loss of driving privilege.
11. General Provisions
It is acknowledged that there are no representations, warranties or
agreements, express or implied, save and except as set out herein. This
Agreement shall not be amended or varied, and any purported amendment
or variation shall be null and void.
This Agreement is personal to the Client, and shall not be transferred or
assigned, directly or indirectly. Any purported transfer or assignment of this
Agreement shall be null and void.
In the event of default by the Client, the Provider may, but is not obliged to,
resort to any legal or equitable remedy that may be available to it in order
to enforce this Agreement, and shall not be required to exhaust any
remedies before pursuing any other remedies. No action or forbearance by
the Provider shall result in an estoppel or waiver of rights, and shall not
preclude the Provider from requiring full and strict compliance with this
Agreement at any time.
If any provision of this Agreement is prohibited by law, or found to be invalid,
it shall not affect the remaining provisions. Section headings are included
in this Agreement for convenience only, and have no independent meaning
or effect.
Any notice given pursuant to this Agreement shall be sufficient if in writing
and delivered personally or sent by ordinary prepaid mail to the address of
the Provider or the Client, as the case may be, set out herein. In the event
that notice is given by mail, it shall be deemed to have been received on
the third business day after mailing.
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