Common use of Billing and Payment Terms Clause in Contracts

Billing and Payment Terms. (a) All amounts due under this Agreement shall be billed and paid for in the following manner (i) each Party shall invoice the other Party on a monthly basis (such invoice to set forth a description of the Services provided and reasonable documentation to support the charges thereon (including, where applicable, reasonable documentation as to such Party’s cost allocation and third party costs in respect of such charges), which invoice and documentation shall be in the same level of detail and in accordance with the procedures for invoicing as provided to the Provider’s other businesses) for all Services that such Party delivered or caused to be delivered during the preceding month, (ii) each such invoice shall be payable within 30 days after the date of the invoice and (iii) payment of all invoices in respect of the Services provided hereunder shall be made in U.S. Dollars. (b) If any invoice is not paid in full within sixty (60) days after the date of the invoice, interest shall accrue on the unpaid amount at the annual rate equal to the “Prime Rate” as reported on the thirtieth day after the date of the invoice in The Wall Street Journal (or, if such day is not a business day, the first business day immediately after such day), calculated on the basis of a year of 360 days and the actual number of days elapsed between the end of the thirty (30)-day payment period and the actual payment date. (c) If there is a Dispute (as defined in Section 11.10) between the Parties regarding the amounts shown as billed to a Recipient on any invoice, the relevant Provider shall, upon the written request of such Recipient, furnish such reasonable documentation to substantiate the amounts billed including listings of the dates, times and amounts of the Services in question where applicable and practicable. Delivery of such documentation shall constitute written notice of a Dispute pursuant to Section 11.10, and the provisions of Section 11.10 shall apply to such Dispute. The Recipient may withhold any payments subject to a Dispute; provided, that any disputed payments, to the extent ultimately determined to be payable to the Provider, shall bear interest as set forth in Section 4.03(b).

Appears in 3 contracts

Samples: Transition Services Agreement (AdvanSix Inc.), Transition Services Agreement (AdvanSix Inc.), Transition Services Agreement (AdvanSix Inc.)

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Billing and Payment Terms. (a) All amounts due under this Agreement shall be billed and paid for For each country in which a party provides Services to a recipient located in the following manner same country: (i) each Party such providing party shall invoice the other Party party receiving such Services on a monthly basis (such invoice to set forth a description of the Services provided and reasonable documentation to support the charges thereon (including, where applicable, reasonable documentation as to such Party’s cost allocation and third party costs in respect of such charges), which invoice and documentation shall be in the same level of detail and in accordance with the procedures for invoicing as provided to the Provider’s other businessesthereon) for all Services that such Party delivered or caused to be providing party delivered during the preceding month, denominated in the local currency of such country, (ii) each such invoice shall be payable within 30 sixty (60) days after the date such receiving party’s receipt of the invoice and (iii) payment of all such invoices in respect of the Services provided hereunder shall be made by such receiving party to such providing party in the local currency of the applicable country. Any Service for which the foregoing process does not apply shall be invoiced by the Party providing such Service to the Party receiving such Service in accordance with the foregoing timetable and in U.S. Dollars, and shall be paid by the Party receiving such Services in accordance with the foregoing timetable and in U.S. Dollars. (b) If any undisputed invoice or undisputed portion of an invoice is not paid in full within sixty (60) days after the date of the invoice, interest shall accrue on the unpaid amount at the annual rate equal to the “Prime Rate” as reported on the thirtieth day after the date of the invoice in The Wall Street Journal (or, if such day is not a business dayBusiness Day, the first business day Business Day immediately after such day), calculated on the basis of a year of 360 three hundred sixty (360) days and the actual number of days elapsed between the end of the thirty sixty (30)-day payment 60) day period and the actual payment date. (c) A Party may dispute any or all charges for ninety (90) days after the receipt of the applicable invoice. If there is a Dispute (as defined in Section 11.10) between Party disputes any charges, the Parties regarding shall work together in good faith to resolve such dispute in accordance with Section 11.15. If the amounts shown as billed resolution of such a dispute is that a Party owes an amount of money to a Recipient on any invoicethe other Party, the relevant Provider shall, upon the written request Party that owes money shall add a credit of such Recipientowed amount to the next invoice that such Party prepares as a Service provider, furnish provided, that if no further such reasonable documentation invoices are due, the Party owing such amount shall pay it to substantiate the amounts billed including listings other Party within sixty (60) days following resolution of the datesdispute. A failure by a Party to dispute a charge within ninety (90) days after receipt of invoice shall not waive such Party’s audit and collection rights under Section 5.5. (d) The Parties acknowledge that there may be a lag in the submission of charges from third parties relating to the provision of Services, times and amounts of that the Party providing Services through such third parties shall use commercially reasonable efforts to obtain such third party invoices, and to provide same to the other Party, in question where applicable and practicable. Delivery of such documentation shall constitute written notice a timely fashion. (e) The existence of a Dispute dispute pursuant to Section 11.104.4(c) above shall not excuse either Party from any other obligation under this Agreement, and the provisions of Section 11.10 shall apply including each Party’s obligations to such Dispute. The Recipient may withhold any payments subject continue to a Dispute; provided, that any disputed payments, to the extent ultimately determined to be payable to the Provider, shall bear interest as set forth in Section 4.03(b)provide Services hereunder.

Appears in 3 contracts

Samples: Transition Services Agreement (Legg Mason Inc), Private Client Transition Services Agreement (Legg Mason Inc), Capital Markets Transition Services Agreement (Legg Mason Inc)

Billing and Payment Terms. (a) All amounts due under this Agreement shall be billed and paid for in the following manner (i) each Party B/E shall invoice the other Party KLX on a monthly basis for any Fees, costs or other amounts payable pursuant to this Agreement. (such b) Each invoice delivered pursuant to Section 5.2(a) shall set forth a brief description of the IT Services provided and the Migration Assistance provided, and, with respect to any amounts payable other than Fees pursuant to Section 5.1(a)(i), reasonable documentation to support the charges thereon thereon. (including, where applicable, reasonable documentation as c) Each invoice delivered pursuant to such Party’s cost allocation and third party costs in respect of such charges), which invoice and documentation shall be in the same level of detail and in accordance with the procedures for invoicing as provided to the Provider’s other businesses) for all Services that such Party delivered or caused to be delivered during the preceding month, (ii) each such invoice this Section 5.2 shall be payable within 30 days after the date of the invoice and invoice. (iiid) payment Payment of all invoices in respect of the Services provided hereunder shall be made in U.S. DollarsUnited States dollars unless otherwise mutually agreed upon by the Parties. (be) If any invoice delivered pursuant to (and in compliance with) this Section 5.2 is not paid in full within sixty thirty (6030) days after the date of the invoice, interest shall accrue on the unpaid amount at the annual rate equal to the “Prime Rate” as reported on the thirtieth (30th) day after the date of the invoice in The Wall Street Journal (or, if such day is not a business day, the first business day immediately after such day), calculated on the basis of a year of 360 three hundred and sixty (360) days and the actual number of days elapsed between the end of the thirty (30)-day payment period and the actual payment date. (cf) If there is a an Agreement Dispute (as defined in Section 11.10) between the Parties regarding the amounts shown as billed to a Recipient KLX on any invoice, the relevant Provider B/E shall, upon the written request of such RecipientKLX, furnish such reasonable to KLX additional documentation reasonably necessary to substantiate the amounts billed including including, but not limited to, listings of the dates, times and amounts of the IT Services in question where applicable and practicable. Delivery of such documentation shall constitute written notice of a Dispute pursuant to Section 11.10, and the provisions of Section 11.10 shall apply to such Dispute. The Recipient may withhold any payments subject to a Dispute; provided, that any disputed payments, to the extent ultimately determined to be payable to the Provider, shall bear interest as set forth in Section 4.03(b).

Appears in 3 contracts

Samples: Separation and Distribution Agreement (KLX Inc.), It Services Agreement (KLX Inc.), It Services Agreement (KLX Inc.)

Billing and Payment Terms. (a) All amounts due under this Agreement shall be billed and paid for For each country in which a Party provides Services to a recipient located in the following manner same country: (i) each such providing Party shall invoice the other Party receiving such Services on a monthly or quarterly basis (such invoice to set forth a description of the Services provided and reasonable documentation to support the charges thereon (including, where applicable, reasonable documentation as to such Party’s cost allocation and third party costs in respect of such charges), which invoice and documentation shall be in the same level of detail and in accordance with the procedures for invoicing as provided to the Provider’s other businessesthereon) for all Services that such providing Party delivered or caused to be delivered during the preceding monthmonth or quarter, as applicable, denominated in the local currency of such country, (ii) each such invoice shall be payable within 30 sixty (60) days after the date such receiving Party’s receipt of the invoice and (iii) payment of all such invoices in respect of the Services provided hereunder shall be made by such receiving Party to such providing Party in the local currency of the applicable country. Any Service for which the foregoing process does not apply shall be invoiced by the Party providing such Service to the Party receiving such Service in accordance with the foregoing timetable and in U.S. Dollars, and shall be paid by the Party receiving such Services in accordance with the foregoing timetable and in U.S. Dollars. (b) If any undisputed invoice or undisputed portion of an invoice is not paid in full within sixty (60) days after the date of the invoice, interest shall accrue on the unpaid amount at the annual rate equal to the U.S. “Prime Rate” as reported on the thirtieth day after the date of the invoice in The Wall Street Journal (or, if such day is not a business dayBusiness Day, the first business day Business Day immediately after such day), calculated on the basis of a year of 360 three hundred sixty (360) days and the actual number of days elapsed between the end of the thirty sixty (30)-day payment 60) day period and the actual payment date. (c) A Party may dispute any or all charges for ninety (90) days after the receipt of the applicable invoice. If there is a Dispute (as defined in Section 11.10) between Party disputes any charges, the Parties regarding shall work together in good faith to resolve such dispute in accordance with Section 11.14. If the amounts shown as billed resolution of such a dispute is that a Party owes an amount of money to a Recipient on any invoicethe other Party, the relevant Provider shall, upon the written request Party that owes money shall add a credit of such Recipientowed amount to the next invoice that such Party prepares as a Service provider, furnish provided, that if no further such reasonable documentation invoices are due, the Party owing such amount shall pay it to substantiate the amounts billed including listings other Party within sixty (60) days following resolution of the datesdispute. A failure by a Party to dispute a charge within ninety (90) days after receipt of invoice shall not waive such Party’s audit and collection rights under Section 5.5. (d) The Parties acknowledge that there may be a lag in the submission of charges from third parties relating to the provision of Services, times and amounts of that the Party providing Services through such third parties shall use commercially reasonable efforts to obtain such third party invoices, and to provide same to the other Party, in question where applicable and practicable. Delivery of such documentation shall constitute written notice a timely fashion. (e) The existence of a Dispute dispute pursuant to Section 11.104.3(c) above shall not excuse either Party from any other obligation under this Agreement, and the provisions of Section 11.10 shall apply including each Party’s obligations to such Dispute. The Recipient may withhold any payments subject continue to a Dispute; provided, that any disputed payments, to the extent ultimately determined to be payable to the Provider, shall bear interest as set forth in Section 4.03(b)provide Services hereunder.

Appears in 3 contracts

Samples: Master Services Agreement (Bank of Chile), Master Services Agreement (Bank of Chile), Master Services Agreement (Bank of Chile)

Billing and Payment Terms. (a) All amounts due under this Agreement shall be billed and paid for in the following manner (i) each Party Each Service Provider shall invoice the other Party Service Recipient on a monthly basis basis, for any Fees, costs or other amounts payable pursuant to this Agreement and any applicable Schedule. (such b) Each invoice delivered pursuant to Section 4.2(a) shall set forth a brief description of the Transition Services provided and the Migration Assistance provided, and with respect to any amounts payable reasonable documentation to support the charges thereon thereon. (including, where applicable, reasonable documentation as c) Each invoice delivered pursuant to such Party’s cost allocation and third party costs in respect of such charges), which invoice and documentation shall be in the same level of detail and in accordance with the procedures for invoicing as provided to the Provider’s other businesses) for all Services that such Party delivered or caused to be delivered during the preceding month, (ii) each such invoice this Section 4.2 shall be payable within 30 ninety (90) days after the date of the invoice and (iii) payment of all invoices in respect of the Services provided hereunder shall be made in U.S. Dollarsinvoice. (bd) All Fees shall be invoiced and payable in United States dollars or shall otherwise be payable in kind as mutually agreed in writing by the Parties. (e) If any invoice delivered pursuant to (and in compliance with) this Section 4.2 is not paid in full within sixty ninety (6090) days after the date of the invoice, interest shall accrue on the unpaid amount at the annual rate equal to the “Prime Rate” as reported on the thirtieth ninetieth (90th) day after the date of the invoice in The Wall Street Journal (or, if such day is not a business dayBusiness Day, the first business day Business Day immediately after such day), calculated on the basis of a year of 360 three hundred and sixty (360) days and the actual number of days elapsed between the end of the thirty ninety (30)-day 90)-day payment period and the actual payment date. (cf) If there is a Dispute (as defined in Section 11.10) between the Parties regarding the amounts shown as billed to a the Service Recipient on on, or the accuracy of all or any part of, any invoice, the relevant Service Provider shall, upon the written request of such the Service Recipient, furnish such reasonable to the Service Recipient additional documentation reasonably necessary to substantiate the amounts billed including including, but not limited to, listings of the dates, times and amounts of the Transition Services in question where applicable and practicable. Delivery If the dispute is not resolved by the original due date for payment, the Parties shall follow the procedure set out in Section 12.9 to resolve the matter. (g) The Parties acknowledge that there may be a lag in the submission of such documentation shall constitute written notice charges from third parties relating to the provision of a Dispute pursuant to Section 11.10Third Party Services, and that the provisions of Section 11.10 Service Provider shall apply use commercially reasonable efforts to obtain such Dispute. The Recipient may withhold any payments subject third party invoices, and to a Dispute; provided, that any disputed payments, provide the same to the extent ultimately determined to be payable to the ProviderService Recipient, shall bear interest as set forth in Section 4.03(b)a timely fashion.

Appears in 2 contracts

Samples: Services Agreement, Services Agreement (Liberty Latin America Ltd.)

Billing and Payment Terms. (a) All amounts due under this Agreement shall be billed and paid for in the following manner (i) each Each Party shall invoice the other Party on a monthly basis for any (such i) Fees, costs or other amounts payable pursuant to this Agreement; and (ii) in the case of an invoice delivered by B/E, the Monthly License Fee payable with respect to any Shared Real Property. (b) Each invoice delivered pursuant to Section 5.2(a) shall set forth a brief description of the Transition Services provided and the Migration Assistance provided, and, with respect to any amounts payable other than Fees pursuant to Section 5.1(a)(i) or the Monthly License Fee, reasonable documentation to support the charges thereon thereon. Any invoice delivered by B/E that includes a Monthly License Fee shall include the month of occupancy of each Shared Real Property to which such Monthly License Fee pertains. (including, where applicable, reasonable documentation as c) Each invoice delivered pursuant to such Party’s cost allocation and third party costs in respect of such charges), which invoice and documentation shall be in the same level of detail and in accordance with the procedures for invoicing as provided to the Provider’s other businesses) for all Services that such Party delivered or caused to be delivered during the preceding month, (ii) each such invoice this Section 5.2 shall be payable within 30 days after the date of the invoice and invoice. (iiid) payment Payment of all invoices in respect of the Services provided hereunder shall be made in U.S. DollarsUnited States dollars unless otherwise mutually agreed upon by the Parties. (be) If any invoice delivered pursuant to (and in compliance with) this Section 5.2 is not paid in full within sixty thirty (6030) days after the date of the invoice, interest shall accrue on the unpaid amount at the annual rate equal to the “Prime Rate” as reported on the thirtieth (30th) day after the date of the invoice in The Wall Street Journal (or, if such day is not a business day, the first business day immediately after such day), calculated on the basis of a year of 360 three hundred and sixty (360) days and the actual number of days elapsed between the end of the thirty (30)-day payment period and the actual payment date. (cf) If there is a an Agreement Dispute (as defined in Section 11.10) between the Parties regarding the amounts shown as billed to a the Service Recipient on any invoice, the relevant Party Provider shall, upon the written request of such the Party Recipient, furnish such reasonable to the Party Recipient additional documentation reasonably necessary to substantiate the amounts billed including including, but not limited to, listings of the dates, times and amounts of the Transition Services in question where applicable and practicable. Delivery of such documentation shall constitute written notice of a Dispute pursuant to Section 11.10, and the provisions of Section 11.10 shall apply to such Dispute. The Recipient may withhold any payments subject to a Dispute; provided, that any disputed payments, to the extent ultimately determined to be payable to the Provider, shall bear interest as set forth in Section 4.03(b).

Appears in 2 contracts

Samples: Separation and Distribution Agreement (KLX Inc.), Transition Services Agreement (KLX Inc.)

Billing and Payment Terms. (a) All amounts due under this Agreement shall be billed and paid for in the following manner (i) each Each Party shall invoice the other Party on a monthly basis for any (such i) Fees, costs or other amounts payable pursuant to this Agreement; and (ii) in the case of an invoice delivered by B/E, the Monthly License Fee payable with respect to any Shared Real Property. (b) Each invoice delivered pursuant to Section 5.2(a) shall set forth a brief description of the Transition Services provided and the Migration Assistance provided, and, with respect to any amounts payable other than Fees pursuant to Section 5.1 (a)(i) or the Monthly License Fee, reasonable documentation to support the charges thereon thereon. Any invoice delivered by B/E that includes a Monthly License Fee shall include the month of occupancy of each Shared Real Property to which such Monthly License Fee pertains. (including, where applicable, reasonable documentation as c) Each invoice delivered pursuant to such Party’s cost allocation and third party costs in respect of such charges), which invoice and documentation shall be in the same level of detail and in accordance with the procedures for invoicing as provided to the Provider’s other businesses) for all Services that such Party delivered or caused to be delivered during the preceding month, (ii) each such invoice this Section 5.2 shall be payable within 30 days after the date of the invoice and invoice. (iiid) payment Payment of all invoices in respect of the Services provided hereunder shall be made in U.S. DollarsUnited States dollars unless otherwise mutually agreed upon by the Parties. (be) If any invoice delivered pursuant to (and in compliance with) this Section 5.2 is not paid in full within sixty thirty (6030) days after the date of the invoice, interest shall accrue on the unpaid amount at the annual rate equal to the “Prime Rate” as reported on the thirtieth (30th) day after the date of the invoice in The Wall Street Journal (or, if such day is not a business day, the first business day immediately after such day), calculated on the basis of a year of 360 three hundred and sixty (360) days and the actual number of days elapsed between the end of the thirty (30)-day payment period and the actual payment date. (cf) If there is a an Agreement Dispute (as defined in Section 11.10) between the Parties regarding the amounts shown as billed to a the Service Recipient on any invoice, the relevant Party Provider shall, upon the written request of such the Party Recipient, furnish such reasonable to the Party Recipient additional documentation reasonably necessary to substantiate the amounts billed including including, but not limited to, listings of the dates, times and amounts of the Transition Services in question where applicable and practicable. Delivery of such documentation shall constitute written notice of a Dispute pursuant to Section 11.10, and the provisions of Section 11.10 shall apply to such Dispute. The Recipient may withhold any payments subject to a Dispute; provided, that any disputed payments, to the extent ultimately determined to be payable to the Provider, shall bear interest as set forth in Section 4.03(b).

Appears in 1 contract

Samples: Transition Services Agreement (KLX Inc.)

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Billing and Payment Terms. (a) All amounts due under this Agreement shall be billed and paid for in the following manner (i) each Party Each Service Provider shall invoice the other Party Service Recipient on a monthly basis basis, for any Fees, costs or other amounts payable pursuant to this Agreement and any applicable Schedule. (such b) Each invoice delivered pursuant to Section 4.2(a) shall set forth a brief description of the Transition Services provided and the Migration Assistance provided, and with respect to any amounts payable reasonable documentation to support the charges thereon thereon. (including, where applicable, reasonable documentation as c) Each invoice delivered pursuant to such Party’s cost allocation and third party costs in respect of such charges), which invoice and documentation shall be in the same level of detail and in accordance with the procedures for invoicing as provided to the Provider’s other businesses) for all Services that such Party delivered or caused to be delivered during the preceding month, (ii) each such invoice this Section 4.2 shall be payable within 30 ninety (90) days after the date of the invoice and (iii) payment of all invoices in respect of the Services provided hereunder shall be made in U.S. Dollarsinvoice. (bd) All Fees shall be invoiced and payable in United States dollars or shall otherwise be payable in kind as mutually agreed in writing by the Parties. (e) If any invoice delivered pursuant to (and in compliance with) this Section 4.2 is not paid in full within sixty thirty (6030) days after the date of the invoice, interest shall accrue on the unpaid amount at the annual rate equal to the “Prime Rate” as reported on the thirtieth (30th) day after the date of the invoice in The Wall Street Journal (or, if such day is not a business dayBusiness Day, the first business day Business Day immediately after such day), calculated on the basis of a year of 360 three hundred and sixty (360) days and the actual number of days elapsed between the end of the thirty (30)-day payment period and the actual payment date. (cf) If there is a Dispute (as defined in Section 11.10) between the Parties regarding the amounts shown as billed to a the Service Recipient on on, or the accuracy of all or any part of, any invoice, the relevant Service Provider shall, upon the written request of such the Service Recipient, furnish such reasonable to the Service Recipient additional documentation reasonably necessary to substantiate the amounts billed including including, but not limited to, listings of the dates, times and amounts of the Transition Services in question where applicable and practicable. Delivery If the dispute is not resolved by the original due date for payment, the Parties shall follow the procedure set out in Section 12.9 to resolve the matter. (g) The Parties acknowledge that there may be a lag in the submission of such documentation shall constitute written notice charges from third parties relating to the provision of a Dispute pursuant to Section 11.10Third Party Services, and that the provisions of Section 11.10 Service Provider shall apply use commercially reasonable efforts to obtain such Dispute. The Recipient may withhold any payments subject third party invoices, and to a Dispute; provided, that any disputed payments, provide the same to the extent ultimately determined to be payable to the ProviderService Recipient, shall bear interest as set forth in Section 4.03(b)a timely fashion.

Appears in 1 contract

Samples: Services Agreement (Liberty Latin America Ltd.)

Billing and Payment Terms. (a) All amounts due under this Agreement shall be billed and paid for For each country in which a Party provides Services to a recipient located in the following manner same country: (i) each such providing Party shall invoice the other Party receiving such Services on a monthly basis (such invoice to set forth a description of the Services provided and reasonable documentation to support the charges thereon (including, where applicable, reasonable documentation as to such Party’s cost allocation and third party costs in respect of such charges), which invoice and documentation shall be in the same level of detail and in accordance with the procedures for invoicing as provided to the Provider’s other businessesthereon) for all Services that such providing Party delivered or caused to be delivered during the preceding month, denominated in the local currency of such country, (ii) each such invoice shall be payable within 30 sixty (60) days after the date such receiving Party’s receipt of the invoice and (iii) payment of all such invoices in respect of the Services provided hereunder shall be made by such receiving Party to such providing Party in the local currency of the applicable country. Any Service for which the foregoing process does not apply shall be invoiced by the Party providing such Service to the Party receiving such Service in accordance with the foregoing timetable and in U.S. Dollars, and shall be paid by the Party receiving such Services in accordance with the foregoing timetable and in U.S. Dollars; provided, that the Party providing such Service and the Party receiving such Service may mutually agree to provide invoices and make payments in a different currency. (b) If any undisputed invoice or undisputed portion of an invoice is not paid in full within sixty (60) days after the date of the invoice, interest shall accrue on the unpaid amount at the annual rate equal to the “Prime Rate” as reported in The Wall Street Journal on the thirtieth (30th) day after the date of the invoice in The Wall Street Journal (or, if such day is not a business dayBusiness Day, the first business day Business Day immediately after such day), calculated on the basis of a year of 360 three hundred sixty (360) days and the actual number of days elapsed between the end of the thirty sixty (30)-day payment 60) day period and the actual payment date. (c) A Party may dispute any or all charges within ninety (90) days after the receipt of the applicable invoice. If there is a Dispute (as defined in Section 11.10) between Party disputes any charges, the Parties regarding shall work together in good faith to resolve such dispute in accordance with Section 11.14. If the amounts shown as billed resolution of such a dispute is that a Party owes an amount of money to a Recipient on any invoicethe other Party, the relevant Provider shall, upon the written request Party that owes money shall add a credit of such Recipientowed amount to the next invoice that such Party prepares as a Service provider, furnish provided, that if no further such reasonable documentation invoices are due, the Party owing such amount shall pay it to substantiate the amounts billed including listings other Party within sixty (60) days following resolution of the datesdispute. A failure by a Party to dispute a charge within ninety (90) days after receipt of invoice shall not waive such Party’s audit and collection rights under Article V. (d) The Parties acknowledge that there may be a lag in the submission of charges from third parties relating to the provision of Services, times and amounts of that the Party providing Services through such third parties shall use commercially reasonable efforts to obtain such third-party invoices, and to provide same to the other Party, in question where applicable and practicable. Delivery of such documentation shall constitute written notice a timely fashion. (e) The existence of a Dispute dispute pursuant to Section 11.104.3(c) above shall not excuse either Party from any other obligation under this Agreement, and the provisions of Section 11.10 shall apply including each Party’s obligations to such Dispute. The Recipient may withhold any payments subject continue to a Dispute; provided, that any disputed payments, to the extent ultimately determined to be payable to the Provider, shall bear interest as set forth in Section 4.03(b)provide Services hereunder.

Appears in 1 contract

Samples: Transition Services Agreement (Primerica, Inc.)

Billing and Payment Terms. (a) All amounts due under this Agreement shall be billed and paid for For each country in which a Party provides Services to a recipient located in the following manner same country: (i) each such providing Party shall invoice the other Party receiving such Services on a monthly basis (such invoice to set forth a description of the Services provided and reasonable documentation to support the charges thereon (including, where applicable, reasonable documentation as to such Party’s cost allocation and third party costs in respect of such charges), which invoice and documentation shall be in the same level of detail and in accordance with the procedures for invoicing as provided to the Provider’s other businessesthereon) for all Services that such providing Party delivered or caused to be delivered during the preceding month, denominated in the local currency of such country, (ii) each such invoice shall be payable within 30 sixty (60) days after the date such receiving Party’s receipt of the invoice and (iii) payment of all such invoices in respect of the Services provided hereunder shall be made by such receiving Party to such providing Party in the local currency of the applicable country. Any Service for which the foregoing process does not apply shall be invoiced by the Party providing such Service to the Party receiving such Service in accordance with the foregoing timetable and in U.S. Dollars, and shall be paid by the Party receiving such Services in accordance with the foregoing timetable and in U.S. Dollars; provided, that the Party providing such Service and the Party receiving such Service may mutually agree to provide invoices and make payments in a different currency. (b) If any undisputed invoice or undisputed portion of an invoice is not paid in full within sixty (60) days after the date of the invoice, interest shall accrue on the unpaid amount at the annual rate equal to the “Prime Rate” as reported in The Wall Street Journal on the thirtieth (30th) day after the date of the invoice in The Wall Street Journal (or, if such day is not a business dayBusiness Day, the first business day Business Day immediately after such day), calculated on the basis of a year of 360 three hundred sixty (360) days and the actual number of days elapsed between the end of the thirty sixty (30)-day payment 60) day period and the actual payment date. (c) A Party may dispute any or all charges within ninety (90) days after the receipt of the applicable invoice. If there is a Dispute (as defined in Section 11.10) between Party disputes any charges, the Parties regarding shall work together in good faith to resolve such dispute in accordance with Section 11.14. If the amounts shown as billed resolution of such a dispute is that a Party owes an amount of money to a Recipient on any invoicethe other Party, the relevant Provider shall, upon the written request Party that owes money shall add a credit of such Recipientowed amount to the next invoice that such Party prepares as a Service provider, furnish such reasonable documentation to substantiate the amounts billed including listings of the dates, times and amounts of the Services in question where applicable and practicable. Delivery of such documentation shall constitute written notice of a Dispute pursuant to Section 11.10, and the provisions of Section 11.10 shall apply to such Dispute. The Recipient may withhold any payments subject to a Dispute; provided, that any disputed paymentsif no further such invoices are due, the Party owing such amount shall pay it to the extent ultimately determined to be payable to other Party within sixty (60) days following resolution of the Provider, shall bear interest as set forth in Section 4.03(b).dispute. A failure by a Party to

Appears in 1 contract

Samples: Transition Services Agreement (Primerica, Inc.)

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