Common use of Due date for payment Clause in Contracts

Due date for payment. Interest on Past Due Invoices, Remedies for Non- payment, and Procedures for Disputing Charges. For fees and charges other than charges for facilities modification, capacity expansion, and make-ready work, each bill or invoice submitted by SWBT to Applicant shall state the date that payment is due, which date shall be not less than 60 days after the date of the bill or invoice. Applicant will pay each such bill or invoice on or before the stated due date. For facilities modification, capacity expansion, and make-ready work, the payment due date shall be not less than 30 days after the date of the bill or invoice. (a) Interest on past due bills and invoices shall accrue at the rate of 12% per annum, or the maximum rate allowed by law, whichever is less. (b) Applicant’s failure to pay SWBT’s fees and charges shall be grounds for terminating this Agreement and licenses subject to this Agreement. (c) If Applicant fails to pay, when due, any fees or charges billed to Applicant under this Agreement, and any portion of such fees or charges remains unpaid more that 15 calendar days after the due date, SWBT may send Applicant a written notice advising Applicant that this Agreement, or specified licenses subject to this Agreement, may be terminated if such fees or charges are not paid within 15 calendar days after the date of the notice. Applicant must remit to SWBT all such unpaid fees or charges, whether disputed or undisputed, within 15 days after the date of the notice. If Applicant pays disputed fees under protest, and it is later determined that such fees or any portion thereof should be refunded, the portion of fees to be refunded shall be refunded with interest at the rate of 12% per annum or the maximum rate allowed by law, whichever is less. (d) Applicant may dispute any fees or charges billed by SWBT to Applicant under this Agreement by invoking the dispute resolution procedures set forth in Article 30 of this Agreement. (e) If Applicant does not dispute such fees or charges and any portion of such undisputed fees or charges remains unpaid 30 calendar days after the date of the notice, SWBT may, to the extent permitted by the Pole Attachment Act and applicable rules, regulations, and commission orders, terminate this Agreement and licenses subject to this Agreement, suspend the processing of pending applications for access to SWBT’s poles, ducts, conduits, and rights- of-way located in this State, and refuse to accept further applications for access until such undisputed fees or charges, together with accrued interest thereon, have been paid in full.

Due date for payment. Interest on Past Due Invoices, Remedies for Non- payment, and Procedures for Disputing Charges. For fees and charges other than charges for facilities modification, capacity expansion, and make-ready work, each bill or invoice submitted by SWBT to Applicant shall state the date that payment is due, which date shall be not less than 60 days after the date of the bill or invoice. Applicant will pay each such bill or invoice on or before the stated due date. For facilities modification, capacity expansion, and make-ready work, the payment due date shall be not less than 30 days after the date of the bill or invoice. (a) Interest on past due bills and invoices shall accrue at the rate of 12% per annum, or the maximum rate allowed by law, whichever is less. (b) Applicant’s failure to pay SWBT’s fees and charges shall be grounds for terminating this Agreement and licenses subject to this Agreement. (c) If Applicant fails to pay, when due, any fees or charges billed to Applicant under this Agreement, and any portion of such fees or charges remains unpaid more that 15 calendar days after the due date, SWBT may send Applicant a written notice advising Applicant that this Agreement, or specified licenses subject to this Agreement, may be terminated if such fees or charges are not paid within 15 calendar days after the date of the notice. Applicant must remit to SWBT all such unpaid fees or charges, whether disputed or undisputed, within 15 days after the date of the notice. If Applicant pays disputed fees under protest, and it is later determined that such fees or any portion thereof should be refunded, the portion of fees to be refunded shall be refunded with interest at the rate of 12% per annum or the maximum rate allowed by law, whichever is less. (d) Applicant may dispute any fees or charges billed by SWBT to Applicant under this Agreement by invoking the dispute resolution procedures set forth in Article 30 of this Agreement. (e) If Applicant does not dispute such fees or charges and any portion of such undisputed fees or charges remains unpaid 30 calendar days after the date of the notice, SWBT may, to the extent permitted by the Pole Attachment Act and applicable rules, regulations, and commission orders, terminate this Agreement and licenses subject to this Agreement, suspend the processing of pending applications for access to SWBT’s poles, ducts, conduits, and rights- rights-of-way located in this State, and refuse to accept further applications for access until such undisputed fees or charges, together with accrued interest thereon, have been paid in full.

Due date for payment. Interest on Past Due Invoices, Remedies for Non- payment, and Procedures for Disputing Charges. For fees and charges other than charges for facilities modification, capacity expansion, and make-ready work, each bill xxxx or invoice submitted by SWBT to Applicant shall state the date that payment is due, which date shall be not less than 60 days after the date of the bill xxxx or invoice. Applicant will pay each such bill xxxx or invoice on or before the stated due date. For facilities modification, capacity expansion, and make-ready work, the payment due date shall be not less than 30 days after the date of the bill xxxx or invoice. (a) Interest on past due bills and invoices shall accrue at the rate of 12% per annum, or the maximum rate allowed by law, whichever is less. (b) Applicant’s failure to pay SWBT’s fees and charges shall be grounds for terminating this Agreement and licenses subject to this Agreement. (c) If Applicant fails to pay, when due, any fees or charges billed to Applicant under this Agreement, and any portion of such fees or charges remains unpaid more that 15 calendar days after the due date, SWBT may send Applicant a written notice advising Applicant that this Agreement, or specified licenses subject to this Agreement, may be terminated if such fees or charges are not paid within 15 calendar days after the date of the notice. Applicant must remit to SWBT all such unpaid fees or charges, whether disputed or undisputed, within 15 days after the date of the notice. If Applicant pays disputed fees under protest, and it is later determined that such fees or any portion thereof should be refunded, the portion of fees to be refunded shall be refunded with interest at the rate of 12% per annum or the maximum rate allowed by law, whichever is less. (d) Applicant may dispute any fees or charges billed by SWBT to Applicant under this Agreement by invoking the dispute resolution procedures set forth in Article 30 of this Agreement. (e) If Applicant does not dispute such fees or charges and any portion of such undisputed fees or charges remains unpaid 30 calendar days after the date of the notice, SWBT may, to the extent permitted by the Pole Attachment Act and applicable rules, regulations, and commission orders, terminate this Agreement and licenses subject to this Agreement, suspend the processing of pending applications for access to SWBT’s poles, ducts, conduits, and rights- of-way located in this State, and refuse to accept further applications for access until such undisputed fees or charges, together with accrued interest thereon, have been paid in full.

Due date for payment. Interest on Past Due Invoices, Remedies for Non- payment, Non-payment and Procedures for Disputing Charges. For fees and charges other than charges for facilities modification, capacity expansion, and make-ready work, each bill or xx invoice submitted by SWBT to Applicant shall state the date that payment is due, which date shall be not less than 60 days after the date of the bill or xx invoice. Applicant will pay each such bill or xx invoice on or before the stated due date. For facilities modification, capacity expansion, and make-ready work, the payment due date shall be not less than 30 days after the date of the bill or xx invoice. (a) Interest on past due bills and invoices shall accrue at the rate of 12% per annum, or the maximum rate allowed by law, whichever is less. (b) Applicant’s 's failure to pay SWBT’s 's fees and charges shall be grounds for terminating this Agreement and licenses subject to this Agreement. (c) If Applicant fails to pay, when due, any fees or charges billed to Applicant under this Agreement, and any portion of such fees or charges remains unpaid more that 15 calendar days after the due date, SWBT may send Applicant a written notice advising Applicant that this Agreement, or specified licenses subject to this Agreement, may be terminated if such fees or charges are not paid within 15 calendar days after the date of the notice. Applicant must remit to SWBT all such unpaid fees or charges, whether disputed or undisputed, within 15 days after the date of the notice. If Applicant pays disputed fees under protest, and it is later determined that such fees or any portion thereof should be refunded, the portion of fees to be refunded shall be refunded with interest at the rate of 12% per annum or the maximum rate allowed by law, whichever is less. (d) Applicant may dispute any fees or charges billed by SWBT to Applicant under this Agreement by invoking the dispute resolution procedures set forth in Article 30 of this Agreement. (e) If Applicant does not dispute such fees or charges and any portion of such undisputed fees or charges remains unpaid 30 calendar days after the date of the notice, SWBT may, to the extent permitted by the Pole Attachment Act and applicable rules, regulations, and commission orders, terminate this Agreement and licenses subject to this Agreement, suspend the processing of pending applications for access to SWBT’s 's poles, ducts, conduits, and rights- rights-of-way located in this State, and refuse to accept further applications for access until such undisputed fees or charges, together with accrued interest thereon, have been paid in full.

Due date for payment. Interest on Past Due Invoices, Remedies for Non- payment, and Procedures for Disputing Charges. For fees and charges other than charges for facilities modification, capacity expansion, and make-ready work, each bill xxxx or invoice submitted by SWBT to Applicant shall state the date that payment is due, which date shall be not less than 60 days after the date of the bill xxxx or invoice. Applicant will pay each such bill xxxx or invoice on or before the stated due date. For facilities modification, capacity expansion, and make-ready work, the payment due date shall be not less than 30 days after the date of the bill xxxx or invoice. (a) Interest on past due bills and invoices shall accrue at the rate of 12% per annum, or the maximum rate allowed by law, whichever is less. (b) Applicant’s failure to pay SWBT’s fees and charges shall be grounds for terminating this Agreement and licenses subject to this Agreement. (c) If Applicant fails to pay, when due, any fees or charges billed to Applicant under this Agreement, and any portion of such fees or charges remains unpaid more that 15 calendar days after the due date, SWBT may send Applicant a written notice advising Applicant that this Agreement, or specified licenses subject to this Agreement, may be terminated if such fees or charges are not paid within 15 calendar days after the date of the notice. Applicant must remit to SWBT all such unpaid fees or charges, whether disputed or undisputed, within 15 days after the date of the notice. If Applicant pays disputed fees under protest, and it is later determined that such fees or any portion thereof should be refunded, the portion of fees to be refunded shall be refunded with interest at the rate of 12% per annum or the maximum rate allowed by law, whichever is less. (d) Applicant may dispute any fees or charges billed by SWBT to Applicant under this Agreement by invoking the dispute resolution procedures set forth in Article 30 of this Agreement. (e) If Applicant does not dispute such fees or charges and any portion of such undisputed fees or charges remains unpaid 30 calendar days after the date of the notice, SWBT may, to the extent permitted by the Pole Attachment Act and applicable rules, regulations, and commission orders, terminate this Agreement and licenses subject to this Agreement, suspend the processing of pending applications for access to SWBT’s poles, ducts, conduits, and rights- rights-of-way located in this State, and refuse to accept further applications for access until such undisputed fees or charges, together with accrued interest thereon, have been paid in full.

Due date for payment. Interest on Past Due Invoices, Remedies for Non- Non-payment, and Procedures for Disputing Charges. For fees and charges other than charges for facilities modification, capacity expansion, and make-ready work, each bill or invoice submitted by SWBT to Applicant shall state the date that payment is due, which date shall be not less than 60 days after the date of the bill or invoice. Applicant will pay each such bill or invoice on or before the stated due date. For facilities modification, capacity expansion, and make-ready work, the payment due date shall be not less than 30 days after the date of the bill or invoice. (a) 19.11.1 Interest on past due bills and invoices shall accrue at the rate of 1218% per annum, or the maximum rate allowed by law, whichever is less. (b) 19.11.2 Applicant’s failure to pay SWBTNEVADA’s fees and charges shall be grounds for terminating this Agreement and licenses permit subject to this Agreement. (c) 19.11.3 If Applicant fails to pay, when due, any fees or charges billed to Applicant under this Agreement, and any portion of such fees or charges remains unpaid more that 15 calendar days after the due date, SWBT NEVADA may send Applicant a written notice advising Applicant that this Agreement, or specified licenses permits subject to this Agreement, may be terminated if such fees or charges are not paid within 15 calendar days after the date of the notice. Applicant must remit to SWBT NEVADA all such unpaid fees or charges, whether disputed or undisputed, within 15 days after the date of the notice. If Applicant pays disputed fees under protest, and it is later determined that such fees or any portion thereof should be refunded, the portion of fees to be refunded shall be refunded with interest at the rate of 12% per annum or the maximum rate allowed by law, whichever is less. (d) 19.11.4 Applicant may dispute any fees or charges billed by SWBT NEVADA to Applicant under this Agreement by invoking the dispute resolution procedures set forth in Article 30 of this Agreement. (e) 19.11.5 If Applicant does not dispute such fees or charges and any portion of such undisputed fees or charges remains unpaid 30 calendar days after the date of the notice, SWBT NEVADA may, to the extent permitted by the Pole Attachment Act and applicable rules, regulations, and commission orders, terminate this Agreement and licenses permits subject to this Agreement, suspend the processing of pending applications for access to SWBTNEVADA’s poles, ducts, conduits, and rights- rights-of-way located in this State, and refuse to accept further applications for access until such undisputed fees or charges, together with accrued interest thereon, have been paid in full.

Due date for payment. Interest on Past Due InvoicesSubject to this Agreement, Remedies for Non- ARENA must make payment of a correctly rendered invoice within 30 days after receiving the invoice. If an invoice is found to have been rendered incorrectly after payment, any underpayment or overpayment will be recoverable by or from the Recipient, as the case may be. The Recipient must pay: all stamp duty (including penalties and Procedures interest) assessed or payable in respect of this Agreement and the Activity; and subject to clause 17, all taxes, duties and government charges imposed or levied in Australia or overseas in connection with the performance of this Agreement. Claims for Disputing Chargespayment On each of the due dates specified in item 3 of Schedule 4, the Recipient must submit to ARENA a claim for payment of the relevant instalment of the funding (Payment Claim). For fees A Payment Claim submitted under clause 16.1(a) must: be in the form approved by ARENA from time to time; include a certificate signed and charges dated by the Recipient’s Chief Executive Officer, Chief Financial Officer or a person authorised by the Recipient to execute documents and legally bind the Recipient by their execution, verifying that each of the Payment Criteria for the relevant instalment have been met by that date; and be accompanied by any supporting documentation and other than charges evidence specified in item 3 of Schedule 4 for facilities modificationthat instalment. Within 30 days after receiving a Payment Claim, capacity expansionARENA will: approve the Payment Claim, if ARENA considers that the Recipient has met all applicable Payment Criteria, and make-ready workthe Payment Claim otherwise conforms with clause 16.1; reject the Payment Claim, each bill if ARENA considers that the Recipient has not satisfactorily met all applicable Payment Criteria, or invoice the Payment Claim does not conform with clause 16.1; or seek further supporting evidence or information from the Recipient so that ARENA may either approve or reject the Payment Claim under clause 16.2(a)(i) or 16.2(a)(ii). If ARENA seeks further evidence or information under clause 16.2(a)(iii), the Recipient must provide the additional evidence or information within 14 days after ARENA’s request. On receipt of the evidence or information, ARENA will continue to assess the Payment Claim in accordance with this clause 16.2 as if the Payment Claim had first been submitted by SWBT to Applicant shall state ARENA on the date that payment is due, which date shall be not less than 60 days after ARENA received the date of the bill further evidence or invoiceinformation. Applicant will pay each such bill or invoice on or before the stated due date. For facilities modification, capacity expansion, and make-ready workIf ARENA approves a Payment Claim under clause 16.2(a)(i), the payment due Recipient must provide a correctly rendered invoice to ARENA in accordance with the requirements specified in clause 17.4 and Schedule 4 and the relevant instalment will become payable by ARENA in accordance with clause 15. If ARENA rejects a Payment Claim under clause 16.2(a)(ii), the parties will seek to negotiate in good faith a new date shall be not less than for the Recipient to re-submit the Payment Claim. If the parties fail to reach agreement within 30 days after the date Payment Claim is rejected (or such further period as ARENA allows), the Recipient may not re-submit the Payment Claim and ARENA may reduce the Total Funds by the amount of the bill or invoice. (a) Interest on past due bills and invoices shall accrue at the rate of 12% per annum, or the maximum rate allowed by law, whichever is less. (b) Applicant’s failure to pay SWBT’s fees and charges shall be grounds for terminating this Agreement and licenses subject to this Agreement. (c) If Applicant fails to pay, when due, any fees or charges billed to Applicant under this Agreement, and any portion of such fees or charges remains unpaid more that 15 calendar days after the due date, SWBT may send Applicant a written notice advising Applicant that this Agreement, or specified licenses subject to this Agreement, may be terminated if such fees or charges are not paid within 15 calendar days after the date of the noticerelevant instalment. Applicant must remit to SWBT all such unpaid fees or charges, whether disputed or undisputed, within 15 days after the date of the notice. If Applicant pays disputed fees under protest, and it is later determined that such fees or any portion thereof should be refunded, the portion of fees to be refunded shall be refunded with interest at the rate of 12% per annum or the maximum rate allowed by law, whichever is less. (d) Applicant may dispute any fees or charges billed by SWBT to Applicant under this Agreement by invoking the dispute resolution procedures set forth in Article 30 of this Agreement. (e) If Applicant does not dispute such fees or charges and any portion of such undisputed fees or charges remains unpaid 30 calendar days after the date of the notice, SWBT may, to the extent permitted by the Pole Attachment Act and applicable rules, regulations, and commission orders, terminate this Agreement and licenses subject to this Agreement, suspend the processing of pending applications for access to SWBT’s poles, ducts, conduits, and rights- of-way located in this State, and refuse to accept further applications for access until such undisputed fees or charges, together with accrued interest thereon, have been paid in full.GST

Due date for payment. Interest on Past Due Invoices10.1 Subject to clause 10.3, Remedies for Non- paymentwhere a Tax Assessment in respect of which the Buyer is entitled to a payment under this Deed requires the Buyer or a Group Company to make a payment in respect of a Liability to Taxation, and Procedures for Disputing Charges. For fees and charges other than charges for facilities modification, capacity expansion, and make-ready work, each bill or invoice submitted by SWBT the Seller shall pay to Applicant shall state the date Buyer the amount claimed in respect of that payment is due, which date shall be not less than 60 days after the date of the bill or invoice. Applicant will pay each such bill or invoice Tax Assessment under this Deed on or before the stated date which is the later of the date five Business Days after formal written demand is made by the Buyer and the fifth Business Day prior to the last date on which the Taxation in question may be paid to the Taxation Authority demanding the same without incurring interest or penalties for late payment. 10.2 Subject to clause 10.3, where the sum due date. For facilities modificationby the Seller under this Deed relates to the utilisation, capacity expansionloss, and makeunavailability, reduction or set-ready workoff of a Buyer’s Relief other than a repayment of Tax, the due date for payment under this Deed shall be the later of the date five Business Days after formal written demand is made by the Buyer and the fifth Business Day prior to the last date on which Taxation would have been payable (assuming sufficient profits were available) but for the utilisation, loss, unavailability, reduction or set-off of the Buyer’s Relief may be paid to the Taxation Authority demanding the same without incurring interest or penalties for late payment. 10.3 Where the sum due by the Seller under this Deed relates to the utilisation, loss, unavailability, reduction or set-off of a Buyer’s Relief that constitutes a right to repayment of Tax, the due date for payment under this Deed shall be the later of the date five Business Days after formal written demand is made by the Buyer and the date on which the repayment could otherwise be obtained. 10.4 Where the liability of the Seller under this Deed relates to any liability of the Company to make a payment of or in connection with Group Relief, the due date for payment under this Deed shall be three Business Days before the date on which the Company is liable to make payment. 10.5 Where the due date of payment of any other liability of the Seller or the Buyer is not otherwise provided for in this clause 10, the due date shall be not less five Business Days from the date on which notice is given of a determinable amount under this Deed. 10.6 If the Seller requests in accordance with clause 9.1 that the relevant Tax Assessment should be appealed or resisted, the date for payment by the Seller shall be, if later than 30 days the relevant dates in clause 10.1 or 10.2 (as the case may be), five Business Days after the date when the amount of Taxation which is payable, or, in the case of a claim under clause 2.3, which would have been payable but for the utilisation of the bill Buyer’s Relief, is finally determined. For this purpose, an amount of Taxation shall be deemed to be finally determined when, in respect of such amount, an agreement under section 54 of the Taxes Management Xxx 0000 or invoiceany legislative provision corresponding to that section for the purposes of the relevant tax is made or a decision of a court or tribunal is given from which either no appeal lies or in respect of which no appeal is made within the prescribed time limit. 10.7 In the case of a claim under clause 2.3 (a) Interest costs and expenses), the due date for payment under this Deed shall be the later of the date on past due bills which the costs and invoices shall accrue at expenses are actually incurred by the rate of 12% per annum, or Group Company concerned and the maximum rate allowed by law, whichever date on which the Seller is lessobliged to make the payment which has given rise to the claim under clause 2.3. (b) Applicant’s failure 10.8 If any amount required to pay SWBT’s fees and charges shall be grounds for terminating paid by the Seller under this Agreement and licenses subject to this Agreement. (c) If Applicant fails to pay, Deed is not paid when it is due, any fees or charges billed to Applicant under this Agreement, and any portion of such fees or charges remains unpaid more that 15 calendar days after the due date, SWBT may send Applicant a written notice advising Applicant that this Agreement, or specified licenses subject to this Agreement, may be terminated if such fees or charges are not paid within 15 calendar days after the date of the notice. Applicant must remit to SWBT all such unpaid fees or charges, whether disputed or undisputed, within 15 days after the date of the notice. If Applicant pays disputed fees under protest, and it is later determined that such fees or any portion thereof should be refunded, the portion of fees to be refunded amount shall be refunded with bear interest at the rate of 12% three per cent (3%) per annum or over the maximum base lending rate allowed by lawof the Bank of Scotland plc from time to time, whichever is less. (d) Applicant may dispute any fees or charges billed by SWBT calculated on a daily basis for the period from the relevant due date for payment up to Applicant under this Agreement by invoking the dispute resolution procedures set forth in Article 30 of this Agreement. (e) If Applicant does not dispute such fees or charges and any portion of such undisputed fees or charges remains unpaid 30 calendar days after including the date of the noticeactual payment, SWBT may, to the extent permitted by the Pole Attachment Act and applicable rules, regulations, and commission orders, terminate this Agreement and licenses subject to this Agreement, suspend the processing of pending applications for access to SWBT’s poles, ducts, conduits, and rights- of-way located in this State, and refuse to accept further applications for access until such undisputed fees or charges, together with accrued interest thereon, have been paid in fullas well after as before any judgment.