Common use of Failure to Pay Undisputed Amounts Clause in Contracts

Failure to Pay Undisputed Amounts. Notwithstanding anything to the contrary contained herein, if the Non-Paying Party fails to (i) pay any undisputed amounts by the Bill Due Date, (ii) pay the disputed portion of a past due bill into an interest-bearing escrow account, (iii) give written notice to the Billing Party of the specific details and reasons for disputing amounts, (iv) pay any revised deposit or (iv) make a payment in accordance with the terms of any mutually agreed upon payment arrangement, the Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law, provide written demand to the Non-Paying Party for failing to comply with the foregoing. If the Non-Paying Party does not satisfy the written demand within five (5) Business Days of receipt, the Billing Party may exercise any, or all, of the following options: (a) assess a late payment charge and where appropriate, a dishonored check charge; (b) require provision of a deposit or increase an existing deposit pursuant to a revised deposit request; (c) refuse to accept new, or complete pending, orders; and/or (d) discontinue service. Notwithstanding anything to the contrary in this Agreement, the Billing Party’s exercise of (i) any of the above options shall not delay or relieve the Non-Paying Party’s obligation to pay all charges on each and every invoice on or before the applicable Bill Due Date and (ii) subsections (c) and (d) above shall exclude any affected order or service from any applicable performance interval or Performance Benchmark. Once disconnection has occurred, additional charges may apply.

Failure to Pay Undisputed Amounts. Notwithstanding anything to the contrary contained herein, if the Non-Paying Party fails to (i) pay any undisputed amounts by the Bill Due Date, (ii) pay the disputed portion of a past due bill into an interest-bearing escrow account, (iii) give written notice to the Billing Party of the specific details and reasons for disputing amounts, (iv) pay any revised deposit or (iv) make a payment in accordance with the terms of any mutually agreed upon payment arrangement, the Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law, provide written demand to the Non-Paying Party for failing to comply with the foregoing. If the Non-Non- Paying Party does not satisfy the written demand within five (5) Business Days of receipt, the Billing Party may exercise any, or all, of the following options: (a) assess a late payment charge and where appropriate, a dishonored check charge; (b) require provision of a deposit or increase an existing deposit pursuant to a revised deposit request; (c) refuse to accept new, or complete pending, orders; and/or (d) discontinue service. Notwithstanding anything to the contrary in this Agreement, the Billing Party’s exercise of (i) any of the above options shall not delay or relieve the Non-Paying Party’s obligation to pay all charges on each and every invoice on or before the applicable Bill Due Date and (ii) subsections (c) and (d) above shall exclude any affected order or service from any applicable performance interval or Performance Benchmark. Once disconnection has occurred, additional charges may apply.

Failure to Pay Undisputed Amounts. Notwithstanding anything to the contrary contained herein, if the Non-Paying Party fails to (i) pay any undisputed amounts by the Bill Due Date, (ii) pay the disputed portion of a past due bill into an interest-bearing escrow account, (iii) give written notice to the Billing Party of the specific details and reasons for disputing amounts, (iviii) pay any revised deposit or (iv) make a payment in accordance with the terms of any mutually agreed upon payment arrangement, the Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law, provide written demand to the Non-Non- Paying Party for failing to comply with the foregoing. If the Non-Paying Party does not satisfy the written demand within five (5) Business Days of receipt, the Billing Party may exercise any, or all, of the following options: (a) assess a late payment charge and where appropriate, a dishonored check charge; (b) require provision of a deposit or increase an existing deposit pursuant to a revised deposit request; (c) refuse to accept new, or complete pending, new orders; and/or (d) upon Commission approval, refuse to complete pending orders or discontinue service. Notwithstanding anything to the contrary in this Agreement, the Billing Party’s exercise of of (i) any of the above options shall not delay or relieve the Non-Paying Party’s obligation to pay all charges on each and every invoice on or before the applicable Bill Due Date and (ii) subsections (c) and (d) above shall exclude any affected order or service from any applicable performance interval or Performance Benchmark. Once disconnection has occurred, additional charges may apply.

Failure to Pay Undisputed Amounts. Notwithstanding anything to the contrary contained herein, if the Non-Paying Party fails to (i) pay any undisputed amounts by the Bill Due Date, (ii) pay the disputed portion of a past due bill into an interest-bearing escrow account, (iii) give written notice to the Billing Party of the specific details and reasons for disputing amounts, (iv) pay any revised deposit or (iv) make a payment in accordance with the terms of any mutually agreed upon payment arrangement, the Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law, provide written demand to the Non-Paying Party for failing to comply with the foregoing. If the Non-Paying Party does not satisfy the written demand within five (5) Business Days of receipt, the Billing Party may exercise any, or all, of the following options:for (a) assess a late payment charge and where appropriate, a dishonored check charge; (b) require provision of a deposit or increase an existing deposit pursuant to a revised deposit request; (c) refuse to accept new, or complete pending, orders; and/or (d) discontinue service. . (e) Notwithstanding anything to the contrary in this Agreement, the Billing Party’s exercise of (i) any of the above options shall not delay or relieve the Non-Paying Party’s obligation to pay all charges on each and every invoice on or before the applicable Bill Due Date and (ii) subsections (c) and (d) above shall exclude any affected order or service from any applicable performance interval or Performance Benchmark. Once disconnection has occurred, additional charges may apply.

Failure to Pay Undisputed Amounts. Notwithstanding anything to the contrary contained herein, if the Non-Paying Party fails to (i) pay any undisputed amounts by the Bill Xxxx Due Date, (ii) pay the disputed portion of a past due bill xxxx into an interest-bearing escrow account, (iii) give written notice to the Billing Party of the specific details and 102 reasons for disputing amounts, (iv) pay any revised deposit or (iv) make a payment in accordance with the terms of any mutually agreed upon payment arrangement, the Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law, provide written demand to the Non-Paying Party for failing to comply with the foregoing. If the Non-Paying Party does not satisfy the written demand within five (5) Business Days of receipt, the Billing Party may exercise any, or all, of the following options: (a) assess a late payment charge and where appropriate, a dishonored check charge; (b) require provision of a deposit or increase an existing deposit pursuant to a revised deposit request; (c) refuse to accept new, or complete pending, orders; and/or (d) discontinue service. Notwithstanding anything to the contrary in this Agreement, the Billing Party’s 's exercise of (i) any of the above options shall not delay or relieve the Non-Paying Party’s 's obligation to pay all charges on each and every invoice on or before the applicable Bill Xxxx Due Date and (ii) subsections (c) and (dD) above shall ----------- --- --- exclude any affected order or service from any applicable performance interval or Performance Benchmark. Once disconnection has occurred, additional charges may apply.

Failure to Pay Undisputed Amounts. Notwithstanding anything to the contrary contained herein, if the Non-Paying Party fails to (i) pay any undisputed amounts by the Bill Due Date, (ii) pay the disputed portion of a past due bill into an interest-bearing escrow account, (iii) give written notice to the Billing Party of the specific details and reasons for disputing amounts, (iv) pay any revised deposit or (iv) make a payment in accordance with the terms of any mutually agreed upon payment arrangement, the Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law, provide written demand to the Non-Paying Party for failing to comply with the foregoing. If the Non-Non- Paying Party does not satisfy the written demand within five (5) Business Days of receipt, the Billing Party may exercise any, or all, of the following options: (a) assess a late payment charge and where appropriate, a dishonored check charge; (b) require provision of a deposit or increase an existing deposit pursuant to a revised deposit request; (c) refuse to accept new, or complete pending, orders; and/or (d) discontinue service. Notwithstanding anything to the contrary in this Agreement, the Billing Party’s exercise of (i) any of the above options shall not delay or relieve the Non-Paying Party’s obligation to pay all charges on each and every invoice on or before the applicable Bill Due Date and (ii) subsections (c) and (d) above shall exclude any affected order or service from any applicable performance interval or Performance Benchmark. Once disconnection has occurred, additional charges may apply.. 12716496.1 110201 1406C 00650405

Failure to Pay Undisputed Amounts. Notwithstanding anything to the contrary contained herein, if the Non-Paying Party fails to (i) pay any undisputed amounts by the Bill Xxxx Due Date, (ii) pay the disputed portion of a past due bill xxxx into an interest-bearing escrow account, (iii) give written notice to the Billing Party of the specific details and reasons for disputing amounts, (iv) pay any revised deposit or (iv) make a payment in accordance with the terms of any mutually agreed upon payment arrangement, the Billing Party may, in addition to exercising any other rights or remedies it may have under Applicable Law, provide written demand to the Non-Paying Party for failing to comply with the foregoing. If the Non-Non- Paying Party does not satisfy the written demand within five (5) Business Days of receipt, the Billing Party may exercise any, or all, of the following options: (a) assess a late payment charge and where appropriate, a dishonored check charge; (b) require provision of a deposit or increase an existing deposit pursuant to a revised deposit request; (c) refuse to accept new, or complete pending, orders; and/or (d) discontinue service. Notwithstanding anything to the contrary in this Agreement, the Billing Party’s exercise of (i) any of the above options shall not delay or relieve the Non-Paying Party’s obligation to pay all charges on each and every invoice on or before the applicable Bill Xxxx Due Date and (ii) subsections (c) and (d) above shall exclude any affected order or service from any applicable performance interval or Performance Benchmark. Once disconnection has occurred, additional charges may apply.