Common use of Fees Not Considered Interest or Penalties Clause in Contracts

Fees Not Considered Interest or Penalties. Any late fees and related fees, charges, and assessments due to late payment or nonpayment are not interest, credit service charges, or finance charges. Such fees, charges, and assessments are not penalties. Rather, they are liquidated damages intended to be a reasonable advance estimate of Atlantic Broadband's costs resulting from late payments and nonpayment. These costs will be difficult to calculate or to predict at the time such late fees and related fees, charges, and assessments are set, because Atlantic Broadband cannot know in advance (i) whether you will pay for the Services on a timely basis; (ii) if you do pay late, when you will actually pay; and (iii) what costs Atlantic Broadband will incur because of your late payment or nonpayment.

Appears in 10 contracts

Samples: Commercial Services Agreement, Residential Subscriber Agreement, Commercial Services Agreement

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Fees Not Considered Interest or Penalties. Any late fees and related fees, charges, and assessments due to late payment or nonpayment non-payment are not interest, credit service charges, finance charges or finance charges. Such fees, charges, and assessments are not penalties. Rather, they are liquidated damages intended to be a reasonable advance estimate of Atlantic Broadband's ’s costs resulting from late payments and nonpaymentnon-payment. These costs will be difficult to calculate or to predict at the time such late fees and related fees, charges, and assessments are set, because Atlantic Broadband cannot know in advance advance; (i) whether you will pay for the Services Service on a timely basis; (ii) if you do pay late, when you will actually pay; and (iii) what costs Atlantic Broadband will incur because of your late payment or nonpaymentnon-payment.

Appears in 1 contract

Samples: Subscriber Agreement

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