DEFAULT OF PAYMENT. 32.01 A) If any contractor shall default in remitting payments required to be made to funds pursuant to the terms of this Collective Agreement, and default shall continue for ten (10) days or more, the contractor shall pay to the applicable Trust Fund as liquidated damages and not as a penalty, an amount equal to 10% of the arrears for each month or part thereof in which the contractor is in default. The failure to pay each month shall constitute a separate offense, and shall subject the Contractor to the 10% payment. Thereafter interest shall run at the rate of 2% per month on any unpaid arrears, including liquidated damages.
DEFAULT OF PAYMENT. In the event that the Company is in default of any payment which is to be made to the Union under the terms of this Collective Agreement, the Company agrees to bear the cost of collecting such monies including those legal fees directly involved in such collection. It is further agreed that such accounts shall bear a one (1%) percent per month penalty until they are paid.
DEFAULT OF PAYMENT. If any contractor shall default in remitting payments required to be made to Trust Funds pursuant to the terms of this Collective Agreement, and default shall continue for ten days or more, then in addition to any other remedy available to the Local Union, such defaulting contractor shall pay to the Trustees, as liquidated damages and not as a penalty, an amount equal to 5% of the arrears for each month or part thereof during which such default continues. The said damages shall become due and payable upon the 21st day of the month following the month for which contributions were to be made. The 5% of the said arrears shall become due and be payable by such contractor on the 21st day of each successive month while default continues. For the purpose of calculating the 5% as aforesaid, "arrears" shall be deemed to include all accumulated damages remaining unpaid. The foregoing "Default of Payment Clause" shall apply to the following trust funds: Article 17 _ Union Deductions Article 9 _ Holiday & Vacation Pay Trust Funds Article 15 _ Health and Welfare Article 16 _ Pension Fund Article 18 - Labour Service Fee
DEFAULT OF PAYMENT. 22.01 If any contractor shall default in remitting payments required to be made pursuant to this Article within the time specified, and default shall continue for ten (10) days or more, then in addition to any other remedy available to Local Union 46 or to any employees, such defaulting contractor shall pay to the Trustees, or to the Association in the case of Industry Fund Payments, as annualized interest rates and not as a penalty, an amount equal to ten percent (10%) of the arrears for each month or part thereof during which such default continues. The said damages shall become due and be payable upon the 21st day of the month following the month for which contributions were to be made. The ten percent (10%) of the said arrears shall become due and be payable by such contractor on the 21st day of each successive month while default continues. For the purpose of calculating the ten percent (10%) as aforesaid, “arrears” shall be deemed to include all accumulated damages remaining unpaid, or: Default in remitting such payments or any wages or other remuneration required to be paid hereunder, shall be deemed to constitute default in payment of wages and shall be in addition to the damages aforesaid, entitle Local Union 46 upon notice by registered mail that unless all payments have been made up to date, the said Union may withdraw the services of any employee or employees, 72 hours after receipt of said notice of such withdrawal, the employee or employees shall continue to be in the employ of the contractor and shall not be discharged or otherwise disciplined by the contractor, and shall be entitled to be paid as damages an amount equal to the wages based upon ordinary hours of labour and including all fringe benefits which he/she would have earned had he/she remained at work. The said employee or employees shall return to work forthwith upon the contractor remitting the payment of damages owing.
DEFAULT OF PAYMENT. If User does not pay the invoices issued by Famic on their respective due dates, Famic may, at its sole discretion and without penalty, damage or fine to Famic, suspend the HS and its professional services until User settles its account with Famic. Famic may apply interest fees to unpaid balance, as stipulated on Famic’s proposal. If legal services are necessary to collect unpaid balances, User agrees to pay the cost of the said legal services to Famic upon receiving the corresponding invoice(s) from Famic.
DEFAULT OF PAYMENT. 16.01 If any contractor shall default in remitting payments required to be made pursuant to this Article within the time specified, and default shall continue for ten days or more, then in addition to any other remedy available to Local Union 46 or to any employees, such defaulting Contractor shall pay to the Trustees, as liquidated damages and not as a penalty, an amount equal to five percent of the arrears for each month or part thereof during which such default continues. The said damages shall become due and be payable upon the 21st day of the month, following the month for which contributions were to be made. The five percent of the said arrears shall become due and be payable by such Contractor on the 21st day of each successive month while default continues. For the purpose of calculating the five percent as foresaid, “arrears” shall be deemed to include all accumulated damages remaining unpaid.
16.02 Where the Union has reasonable grounds to believe that proper payments or contributions have not been made under this Agreement, the Union or the Association shall have the right to inspect the employer’s records.
DEFAULT OF PAYMENT. 5.5.1 The Approved Activity Provider fails to pay (i) when and as required to be paid any fee due under this agreement, and/or (ii) any interest payable in the terms specified under this Agreement.
5.5.2 If any default occurs ASL may:
(a) declare the commitment of ASL to make advances for this Agreement to be terminated whereupon such commitment and obligation under this Agreement shall be terminated; and/or
(b) declare the unpaid amount of the outstanding fee, all interest accrued, and all other amounts owing or payable to be immediately due and payable, without presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived by the Approved Activity Provider; and/or
(c) exercise all rights and remedies available to ASL under this Agreement or applicable in law and to pursue any and all available remedies for collection of such fees and interest, including but not limited to the exercise of all rights and remedies against the Approved Activity Provider.
5.5.3 To the extent permitted by applicable law, all remedies contained within this Agreement or by law afforded shall be cumulative and are not exclusive of any other rights, powers, privileges or remedies provided by law or in equity, or under any other instrument, document or agreement now existing or hereafter arising and all shall be available to ASL until the monies owed has been paid and satisfied in full. During the existence of a Default in Payment, interest shall accrue on fees due and owing from the date of the same until resolved, if resolution is allowed, at the default rate stated in the below.
5.5.4 If payment due under this Agreement is not paid within thirty (30) days’ after its due date it shall be subject to a late payment interest charge of five percent (5.00%) of the total payment due. The Approved Activity Provider agrees to pay and stipulate that five percent (5.00%) of the total payment due is a reasonable amount for a late payment interest charge.
DEFAULT OF PAYMENT. All accounts must be current before records and transcripts can be released or transferred to other schools. Student will not be allowed to continue to attend classes or participate in other School activities unless tuition and fees are paid by stated deadlines (or until Parent makes other written arrangements acceptable to the School).
DEFAULT OF PAYMENT. If any contractor shall default in remitting payments required to made to funds pursuant to the terms of this Collective Agreement, and default shall continue for ten days or more, the contractor shall pay to the applicable Trust Fund as liquidated damages and not as a penalty, an amount equal to of the arrears for each month or part thereof in which the contractor is in default. The failure to pay each month shall constitute a separate offense, and shall subject the Contractor to the payment. Thereafter interest shall run at the rate of per month on any unpaid arrears, including liquidated damages. Where an Employee performs work that would require the employer to contribute hourly contributions of the Trust Funds set out in the Agreement, at such an hourly contribution rate as may from time to be applicable in the Collective Agreement, then the employer shall and shall be deemed to have kept such an amount separate and apart from his own monies and shall be deemed to the sum so deducted in trust on of the employees until the employer has paid such monies to the applicable trust fund, Further, in the event of any liquidation, assignment or bankruptcy of such an ernployer, an amount equal the amount that is owed to the applicable Trust Fund by the employer on whose behalf employees have performed work entitling them to receive contributions the and such shalt be deemed to be separate from and no part of the estate in liquidation, assignment bankruptcy, whether or not that amount has in fact been kept separate and apart from the employer's own money from the assets of the estate. Following notification by the Business Manager, and at the discretion of the Trustees of the Health & Welfare Pension Funds, contractors delinquent or more days will be imposed with a Bond” equal two months total contributions to Funds included in the Agreement, based on their average last months. The foregoing ”Default of Payment Clause” shall apply to the following funds: Article Monthly Dues and Field Dues Article Holiday and Vacation Pay Trust Funds Article National Sprinkler Industry Training Fund Article Insurance Fund Article Labour Service Fee and Association Industry Fund When, in the opinion of the local union business manager and the Canadian Automatic Sprinkler Association, certain specific jabs requiring special conditions that will not permit the all the this agreement and it is found necessary that with some modification of this agreement such work could be secured s...
DEFAULT OF PAYMENT. 5.1 If a Solicitor or Debt Collector is instructed by the Company all costs incurred in the recovery of overdue funds, including but not limited to, debt collection or legal fees, may be added to the balance of your account.
