Effect of Non-Payment. 51.22.1 If the billed Party does not pay all undisputed charges by the Bill Due Date, the billing Party may discontinue processing orders for services provided under this Agreement and may invoke the Default provisions of Section 6.6 on or after the tenth (10th) Day following the Bill Due Date provided the billing Party notifies the other Party in writing, via email or certified mail, at least five (5) Days prior to discontinuing the processing of orders. If the billing Party continues to accept additional orders for service(s) after the date specified in such notice, and the billed Party’s non-compliance continues, nothing contained herein shall preclude the billing Party from refusing to accept any or all additional orders for service(s) from the non-complying Party without further notice. For order processing to resume, the billed Party will be required to make full payment of all past and current undisputed charges under this Agreement. Additionally, the billing Party may require a deposit or assurance of payment
Effect of Non-Payment. 9.5.1 If the billed Party does not remit payment of all undisputed charges on a xxxx by the Xxxx Due Date, the billing Party may discontinue processing orders for relevant or like services provided under this Agreement on or after the tenth (10th) calendar day following the Xxxx Due Date. The billing Party will notify the other Party in writing, via email or certified mail, at least five (5) Calendar Days prior to discontinuing the processing of orders for the relevant services. If the billing Party does not refuse to accept additional orders for service(s) on the date specified in such notice, and the billed Party’s non-compliance continues, nothing contained herein shall preclude the billing Party from refusing to accept any or all additional orders for service(s) from the non-complying Party without further notice or from billing and collecting the appropriate charges from the billed Party. For order processing to resume, the billed Party will be required to make full payment of all past and current undisputed charges under this Agreement for the relevant services. Additionally, the billing Party may require a deposit or assurance of payment (or additional deposit or assurance of payment) from the billed Party, pursuant to Section 6. In addition to other remedies that may be available at law or equity, the billed Party reserves the right to seek equitable relief, including injunctive relief and specific performance.
9.5.2 Notwithstanding 9.5.1 above, if the billed Party does not remit payment of all undisputed charges on a xxxx by the Xxxx Due Date, the billing Party may at its option disconnect any and all relevant or related services provided under this Agreement following written notification to the billed Party at least seven (7) Business Days prior to disconnection of the unpaid service(s). Such notification may be included in a notification to refuse to accept additional orders so long as the appropriate dates for each consequence are listed therein. If the billed Party subsequently pays all of such undisputed charges and desires to reconnect any such disconnected services, the billed Party shall pay the applicable charge set forth in this Agreement or in the applicable Tariff for reconnecting each service disconnected pursuant to this paragraph. In case of such disconnection, all applicable undisputed charges, including termination charges, shall become due and payable. If the billing Party does not disconnect the billed Party’s service(s) on the...
Effect of Non-Payment. 55.22.1 If the billed Party does not pay all undisputed charges by the Bill Due Date, the billing Party may discontinue processing orders for services provided under this Agreement and may invoke the Default provisions of Section 7.6 on or after the tenth (10th) Day following the Bill Due Date provided the billing Party notifies the other Party in writing, via email or certified mail, at least five (5) Days prior to discontinuing the processing of orders. If the billing Party continues to accept additional orders for service(s) after the date specified in such notice, and the billed Party’s non- compliance continues, nothing contained herein shall preclude the billing Party from refusing to accept any or all additional orders for service(s) from the non-complying Party without further notice. For order processing to resume, the billed Party will be required to make full payment of all past and current undisputed charges under this Agreement. Additionally, the billing Party may require a deposit or assurance of payment (or additional deposit or assurance of payment) from the billed Party, pursuant to Section 44. In addition to other remedies that may be available at law or equity, the billed Party reserves the right to seek equitable relief, including injunctive relief and specific performance.
55.22.2 Notwithstanding Section 55.22.1 above, if the billed Party does not pay all undisputed charges on a bill by the Bill Due Date, the billing Party may at its option disconnect any and all relevant or
Effect of Non-Payment. If all or part of any payment due from the Purchaser to TOMRA under the Agreement is not paid by the date for payment specified in Clause 8.2, TOMRA shall be entitled to give notice to the Purchaser requiring payment. If such non-payment persists for more than thirty (30) calendar days after the date for payment specified in Clause 8.2, such failure is agreed to be a material breach of contract, and TOMRA shall be entitled to (i) give notice to the Purchaser requiring it to remedy such breach in accordance with Clause 16.2.; and (ii) claim eight (8) % interest p.a. for the outstanding amount due beginning on the applicable due date provided in Clause 8.2.
Effect of Non-Payment. 55.16.1 If the billed Party does not pay all undisputed charges by the Bill Due Date, the billing Party may discontinue processing orders for services provided under this Agreement and may invoke the Default provisions of Section 7.6 on or after the tenth (10th) Day following the Bill Due Date provided the billing Party notifies the other Party in writing, via email or certified mail, at least five (5) Days prior to discontinuing the processing of orders. If the billing Party continues to accept additional orders for service(s) after the date specified in such notice, and the billed Party’s non- compliance continues, nothing contained herein shall preclude the billing Party from refusing to accept any or all additional
Effect of Non-Payment. 55.16.1 If the billed Party does not remit payment of all undisputed charges including but not limited to any Late Payment Charges or miscellaneous charges (“Unpaid Charges”) on a bill by the Bill Due Date, the billing Party will notify the other Party in writing, via email or certified mail, that in order to avoid disruption or disconnection of the relevant or related services provided under this Agreement, the non-paying Party must remit all Unpaid Charges to the billing Party within fifteen (15) Calendar Days following receipt of the billing Party’s notice of Unpaid Charges.
Effect of Non-Payment. 7.2.1 In the event of non-payment of an invoice by the stipulated Due Date, without prejudice to any other rights that Bioniq has in terms of this Agreement or in law, Bioniq reserves the right to hold the Subscriber liable for the total amount due pursuant to such invoice.
7.2.2 All arrear payments shall attract interest at the rate of the prime lending rate of First Rand Bank Limited as it may be from time to time, calculated from due date to date of payment.
7.2.3 Bioniq may stop the supply of new services to the Subscriber and/or terminate current services held by the Subscriber if payment of any invoice is not made by the Due Date, or if an application for business rescue proceedings or liquidation is filed by or against the customer, or if the customer goes out of business or announces intention to do so.
7.2.4 Should the service be suspended for non-payment the Subscriber is still liable for all charges as stated in clause 6.1.
7.2.4.1 The Subscriber will still be charged for services if the service is suspended.
7.2.5 Bioniq shall be entitled to apply the deposit as per clause 6.1.4 or any portion thereof towards any monies which are owing by the Subscriber. The Subscriber shall upon demand reinstate the deposit.
7.2.6 If the supply of new services is stopped or the existing services are terminated in accordance with clause 6, the full outstanding balance becomes due and payable immediately.
7.2.7 If the Subscriber pay the amount due in full, the Subscriber may have their existing services re-activated and purchase new services.
7.2.8 If the Subscriber neglect to pay the amount due in full, Bioniq will submit the full delinquent amount for Collections. In the event of the account being handed over to an outside collection agency, any costs incurred as such will be for the Subscriber’s account.
Effect of Non-Payment. If all or part of any payment due from the Purchaser to TOMRA under the Agreement is not paid by the date for payment specified in Clause 8.2, TOMRA shall be entitled to give notice to the Purchaser requiring payment. If such non-payment persists for more than thirty
Effect of Non-Payment. If any License Fees, Fees or any other fees owing by you under this Agreement to us or the Reseller (in the event the Software is purchased via a Reseller) (or any other amount which is owing by you under any other agreement for Sage services) are thirty (30) or more days overdue we may, without limiting our other rights and remedies under this Agreement: (i) accelerate your unpaid fee obligations under such agreements so that all such obligations become immediately due and payable; (ii) immediately suspend the provision of Maintenance and/or Customer Support until such overdue amounts are paid in full; (iii) request that you uninstall the Software (including, where applicable, all copies of the Software), in which case you shall carry out such uninstallation immediately (and in any event within ten (10) days of receiving our request to do so; and/or (iv) and/or not grant access to a license key to access the Software.
Effect of Non-Payment. In the event that LJL fails to make any minimum royalty payment due under Section 3.3(a) hereto, and LJL does not cure such failure to pay within thirty (30) days after receipt by LJL of notice thereof then, after reasonably considering LJL's reasons for nonpayment hereunder, and at FluorRx's sole discretion:
(i) [*]or [*].
(ii) the licenses granted under Sections 2.1 (a) and 2.2 shall become non-exclusive, the royalty rates set forth in Section 3.2 shall thereafter [*] and [*] or
(iii) FluorRx may submit a written request to LJL for termination of this Agreement. In the event that LJL denies such request, then the parties shall submit to binding arbitration the issue whether: (a) LJL abandoned the Licensed Technology and discontinued selling or commercializing the Licensed Products, without any intention of continuing to sell or commercialize the Licensed Products, in which event the Agreement shall be terminated; or (b) LJL was using its reasonable efforts to commercialize or sell the Licensed Products, in which event the Agreement shall not be terminated and either Section 3(b)(i) or 3(b)(ii) would govern the relationship of the parties hereunder. For purposes of Section 3(b)(iii), binding arbitration shall take place in San Jose, California, under the Commercial Arbitration Rules of the American Arbitration Association by one (1) arbitrator mutually agreed to by the parties or, in the event that the parties fail to appoint an arbitrator within ten (10) days after the initiation of the arbitration proceeding, appointed in accordance with such Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be governed by federal arbitration law and by the Rules, without reference to state arbitration law. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction, and shall be the sole remedy available under this Section 3.3(b). The parties agree that, any provision of applicable law notwithstanding, they will not request, and the arbitrator shall have no authority to award, punitive or exemplary damages against any party, but shall strictly conform to the provisions set forth in this Section 3.3(b).
