ARTICLE 10: CANCELLATION/DISSOLUTION AND SUSPENSION
a. If the other party is or remains in default in any way with respect to complying with its obligations regarding deliveries or activities executed or to be executed by Rc Arlos Factory previously, or pursuant to other obligations, Rc Arlos Factory has the right to suspend its obligations towards the other party or to cancel/dissolve the underlying agreements in whole or in part, without being held liable by the other party in any way and without prejudice to the rights to which Rc Arlos Factory is entitled. Rc Arlos Factory will also have this right, if the other party is declared bankrupt, has petitioned for suspension of payment, the Debt Rescheduling Private Individuals Act (Wettelijke Schuldsanering Natuurlijke Personen – WSNP) is declared applicable, other forms of debt supervision or winding-up of the company or business activities occurs, or if – to the standards of Rc Arlos Factory – these circumstances threaten to occur. All claims Rc Arlos Factory has on the other party will then be immediately due and payable.
b. If the other party wishes to terminate/cancel the contract(s) that it has entered into with Rc Arlos Factory, then Rc Arlos Factory is also entitled to demand fulfilment of the contract(s) entered into; or, at the discretion of Rc Arlos Factory, the other party will owe termination costs of 100% of the agreed market value or transaction value and, on cancellation, will owe cancellation fees of at least 30% of the market value or the transaction value, all of which also at the sole discretion of Rc Arlos Factory.
c. Where there is a transaction as referred to in the legislation on remote sales and the other party falls within the target group protected therein, Rc Arlos Factory will respect the dissolution criteria referred to in this legislation in favour of the other party.
d. Rc Arlos Factory will be entitled to refuse the assignment provided by and/or on behalf of the other party, to stop the execution thereof, to suspend or to dissolve the agreement with the preservation all other rights accruing to Rc Arlos Factory, if Rc Arlos Factory considers this appropriate for itself at any time, without the possibility of being held liable by and/or on behalf of the other party. Appropriate moments are, for example but not limited to, Assignments: that are in breach of any legislation and regulations, in conflict with accepted moral principles, incite hatred, discrimination, racism, are offensive by their nature, the manner of the supply of data entails a (digital) business risk unacceptable to Rc Arlos Factory.