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 Breezeline'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 Breezeline 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 Breezeline will incur because of your late payment or nonpayment.
Appears in 6 contracts
Samples: Commercial Services Agreement, Residential Subscriber Agreement, Commercial Services Agreement
