18.1 In the event of the Customer on the one hand or Vodacom on the other (hereinafter referred to as “the defaulting party”):
18.1.1 committing or allowing the commission of any breach of this Agreement or any Service Schedule and failing to remedy that breach within a period of 10 (ten) days after receipt of written notice to that effect from the party not so in breach (“the aggrieved party”); and/or
18.1.2 repeatedly breaching any of the terms of this Agreement or any Service Schedule in such manner as to justify the aggrieved party in reasonably holding that the defaulting party’s conduct is inconsistent with the intention or ability of the defaulting party to carry out the terms of this Agreement, then and in any of such events the aggrieved party shall have the right, (but shall not be obliged), forthwith to cancel this Agreement or the applicable Service Schedule (either wholly or in relation to the affected portion) or to claim specific performance, in either event without prejudice to the aggrieved party’s rights to claim damages. The aforesaid is without prejudice to such other rights as the aggrieved party may have at law.
18.2 Notwithstanding anything to the contrary contained herein, either party may, without prejudice to its rights in terms of the Agreement or at law, immediately terminate the Agreement, or any Service Schedule appended to the Agreement, in the event that the other party:
18.2.1 takes steps to place itself, or is placed in liquidation, whether voluntary or compulsory, or under judicial management, in either case whether provisionally or finally;
18.2.2 takes steps to de-register itself or is de-registered; or
18.2.3 commits an act which would be an act of insolvency as defined in the Insolvency Act, 1936 (as amended) if committed by a natural person, provided that the aggrieved party acting in good faith considers such event to be detrimental to it for sound business reasons.
18.1.3 Upon termination of this Agreement for whatsoever reason:
18.3.1 the Customer shall no longer be entitled to use of the Equipment and will forthwith tender return of the Equipment to Vodacom who shall be entitled to enter any premises where the Equipment is located to recover same;
18.3.2 the Customer shall forthwith make payment to Vodacom all arrear amounts as well as all current amounts due as at the date of termination.