Common use of INVOICES AND TERMS OF PAYMENT Clause in Contracts

INVOICES AND TERMS OF PAYMENT. (a) Products and Licensed Materials (including transportation charges and taxes, if applicable) will be billed by Seller when shipped, or as soon thereafter as practicable. Engineering will be billed with the initial shipment of Product(s). Installation will be billed as performed or as soon thereafter as practical. Payment in full for all invoiced or billed amounts is due for receipt by Seller within thirty (30) days of the invoice or bill xxxe. All payments other than EFT payments described in subsection (c) below shall be forwarded to Seller at the following address: If by regular mail: Lucent Technologies Inc. P.O. Xxx 000000 Xxxxxxx, XX 00000-0000 Attn: Accounts Receivable If by overnight courier: NationsBank Account Number 143049062 6000 Xxxxxxxx Xxxx X.X. Xxx 000000 Xxxxxxx Xxxx, XX 00000 (x) Bill xxx Hold Products will be invoiced by Seller upon the earlier of (i) completion of assembly at Seller's facility or (ii) upon stocking at Customer's designated location. Such invoice will serve as Seller's notification that Bill xxx Hold Products are complete and ready to be released by Customer for final shipment. The date of the invoice, which shall be the stocking date, shall be deemed the warranty start date. (c) Customer shall have the right to pay any amounts due Seller hereunder using Electronic Funds Transfer ("EFT") Seller reserves the right to cancel the Customer's right to pay using EFT with thirty (30) days notice to the Customer. (d) EFT payments by Customer shall be made to the following account of Seller or such other account as is subsequently designated by Seller in writing and, concurrent with the EFT payment, Customer shall fax a copy of the [federal wire instructions/remittal]to Seller's Manager Cash Operations at 770-7504288. Lucent Technologies Proprietary

INVOICES AND TERMS OF PAYMENT. (a) Products and Payment for Products, Licensed Materials and Services (including transportation charges and taxes, if applicable) will be billed by Seller when shipped, or as soon thereafter as practicable. Engineering will be billed with the initial upon main shipment of Product(s)Products. Installation If Seller is responsible for installation, the final payment will be billed as performed invoiced upon Turnover or as soon thereafter as practical. Payment in full for all For furnish only orders the final payment will be invoiced upon shipment or billed amounts as soon as practical thereafter. In either case the payment is due for receipt by Seller within thirty (30) days of the invoice or bill xxxedate of the invoice. All payments other than EFT payments described In the event that Customer enters into a loan agreement with lender (GE Capital) to finance the procurement of the Products, Licensed Materials and Services, under this Agreement, then Seller agrees to accept payment from lender (GE Capital) in subsection (c) below satisfaction of Customer's payment obligation hereunder; however, that the Terms of Payment set forth in this Section 1.9 shall be forwarded to Seller at the following address: If by regular mail: Lucent Technologies Inc. P.O. Xxx 000000 Xxxxxxx, XX 00000-0000 Attn: Accounts Receivable If by overnight courier: NationsBank Account Number 143049062 6000 Xxxxxxxx Xxxx X.X. Xxx 000000 Xxxxxxx Xxxx, XX 00000complied in full. (xb) For Products, Licensed Materials and Services (including transportation charges and taxes, if applicable) that are not required to be paid in advance Seller will invoice Customer, all amounts due for Products and Licensed Materials upon shipment and all amounts due for Services, upon completion of Services or, in either event, as soon as practical thereafter. Customer shall pay such invoiced amounts for receipt by Lucent within thirty (30) days of the invoice date. Bill xxx Hold Products will be invoiced by Seller upon the earlier of (i) completion of assembly at Seller's facility or (ii) upon stocking at Customer's designated location. Such invoice will serve as Seller's notification that Bill xxx Hold Products are complete and ready to be Lucent Technologies Proprietary 7 12 released by Customer for final shipment. The date of the invoice, which shall be the stocking date, shall be deemed the warranty start dateA sample invoice is provided in Exhibit 1 for informational purposes only. (c) Customer shall have the right to pay any all amounts due Seller hereunder using Electronic Funds Transfer ("EFT") whether amounts have been invoiced by Seller reserves the right to cancel the Customer's right to pay using EFT with thirty (30) days notice to the Customer. (d) or are due as advance payments. EFT payments by Customer shall be made to the following account of Seller or such other account as is subsequently designated by Seller in writing and, concurrent with the EFT payment, Customer shall fax a copy of the [federal wire instructions/remittal]to remittal to Seller's Manager Cash Operations at 770-7504288000-0000. Chase Manhattan Bank New York, New York Account Name: Lucent Technologies ProprietaryInc. ACCT. 910144-9099 ABA 021000000 (x) If Customer fails to pay any invoiced amount when due, the invoiced amount will be subject to a late payment charge at the rate of one and one half percent (1-1/2%) per month, or portion thereof, of the amount due (but not to exceed the maximum lawful rate). Customer agrees to pay Seller's attorneys' fees and other costs incurred by Seller in the collection of any amounts invoiced hereunder. (e) Customer agrees to review all invoices furnished by Seller hereunder upon receipt and, notify Seller of any billing discrepancies within thirty (30) days of receipt of the applicable invoice. Such inquiries can be directed to Seller in writing or by telephone. Inquiries shall be made to the telephone number or, if in writing, to the address identified on the invoice.

INVOICES AND TERMS OF PAYMENT. (a) Products 5.1. For each location listed in part 3.1 of this Agreement, Acadian shall, on a monthly basis, submit patient invoices to the location for which services were provided, plus a recap sheet for each location, restating the total invoices being billed to each location, for the month of services performed by Acadian under this agreement. 5.2. All undisputed invoices are due and Licensed Materials (including transportation charges and taxes, if applicable) payable by Facility to Acadian net thirty days from receipt of same. All invoices not paid in full within 61 days from date of invoice will be billed by Seller when shippedconsidered past due. Once an invoice becomes past due, or as soon thereafter as practicableAcadian may mail to FACILITY a Past Due Notice consisting of the invoice number(s) and amount(s) due on said invoice(s). 5.3. Engineering All invoices not paid in full within 91 days from date of invoice will be billed with considered delinquent. Once an invoice becomes delinquent, FACILITY shall no longer be entitled to the initial shipment discount to which it would otherwise be entitled under the terms of Product(s). Installation this contract, and FACILITY will be billed as performed or as soon thereafter as practicalobligated to pay for any new services at Acadian’s usual and customary rates. Payment in full for all invoiced or billed amounts is due for receipt by Seller Acadian shall be entitled to file suit against FACILITY if it fails to pay delinquent invoices within thirty (30) days day of Acadian mailing to FACILITY, by certified mail, a Delinquent Notice consisting of the invoice or bill xxxenumber and amount due on said invoice. 5.4. All payments other than EFT payments described in subsection (c) below Upon filing suit, Acadian shall be forwarded entitled to Seller recover from FACILITY all amounts to which it is entitled to recover under the terms of this contract along with attorney fees, court costs and all other amounts to which it is legally entitled. 5.5. Repeated failure of Facility to pay timely shall be grounds for immediate termination of this Agreement at the following address: If by regular mail: Lucent Technologies Inc. P.O. Xxx 000000 Xxxxxxx, XX 00000-0000 Attn: Accounts Receivable If by overnight courier: NationsBank Account Number 143049062 6000 Xxxxxxxx Xxxx X.X. Xxx 000000 Xxxxxxx Xxxx, XX 00000 (x) Bill xxx Hold Products will be invoiced by Seller upon the earlier option of (i) completion of assembly at Seller's facility or (ii) upon stocking at Customer's designated location. Such invoice will serve as Seller's notification that Bill xxx Hold Products are complete and ready to be released by Customer for final shipment. The date of the invoice, which shall be the stocking date, shall be deemed the warranty start dateAcadian without further notice. (c) Customer shall have the right to pay any amounts due Seller hereunder using Electronic Funds Transfer ("EFT") Seller reserves the right to cancel the Customer's right to pay using EFT with thirty (30) days notice to the Customer. (d) EFT payments by Customer shall be made to the following account of Seller or such other account as is subsequently designated by Seller in writing and, concurrent with the EFT payment, Customer shall fax a copy of the [federal wire instructions/remittal]to Seller's Manager Cash Operations at 770-7504288. Lucent Technologies Proprietary

INVOICES AND TERMS OF PAYMENT. (a) For Products, Licensed Materials, and Services ordered by Customer on an engineer, furnish and install (EF&I) basis, Seller shall invoice the total amount due for Products and Licensed Materials for each such purchase order upon the main shipment of such Products and Licensed Materials. Seller shall invoice Customer the full amount due for engineering, installation and other Services when Seller submits its notice of completion of installation or as soon thereafter as practicable. (b) In all other cases (i.e., not subject to subsection (a) above), Products and/or Licensed Materials (including transportation charges and taxes, if applicable) will be billed invoiced by Seller when shipped, or as soon thereafter as practicable. Engineering for such Products and/or Licensed Materials will be billed with the initial invoiced upon main shipment of Product(s)Lucent Technologies Proprietary -4- Contract No.: LNM970313MP Products. Installation and other Services will be billed invoiced as performed or as soon thereafter as practical. Payment in full Payments for all such invoices furnished by Seller under subsections (a) or (b) of this clause 1.8 shall be made by Customer in accordance with paragraph (c) below. (c) Customer shall pay such invoiced or billed amounts is due amounts, less any disputed items, for receipt by Seller within thirty (30) days of the invoice or bill xxxe. All payments other than EFT payments date; provided, however, that with respect to invoices for the Services described in subsection (ca) below above, if Customer notifies Seller in writing within the aforesaid thirty (30) day payment period that the installed Products or Licensed Materials do not perform as required for acceptance under Article 3.2 and said notice describes in reasonable detail the nature of such non-performance (a "Deficiency Notice"), then the thirty (30) day payment period for such invoices shall be forwarded to Seller at extended for that period of time which elapses between the following address: If by regular mail: Lucent Technologies Inc. P.O. Xxx 000000 Xxxxxxx, XX 00000-0000 Attn: Accounts Receivable If by overnight courier: NationsBank Account Number 143049062 6000 Xxxxxxxx Xxxx X.X. Xxx 000000 Xxxxxxx Xxxx, XX 00000 (x) Bill xxx Hold Products will be invoiced by Seller upon the earlier of (i) completion of assembly at Seller's facility or (ii) upon stocking at Customer's designated location. Such invoice will serve as Seller's notification that Bill xxx Hold Products are complete and ready to be released by Customer for final shipment. The date of the invoiceDeficiency Notice and Seller's correction of the non-performance specified in the Deficiency Notice. Delinquent payments are subject to a late payment charge at the rate of one and one-half percent (1-1/2%) per month, which shall or portion thereof, of the amount due (but not to exceed the maximum lawful rate). If the claim is not resolved in favor of Customer, then the item will be due for payment based upon the stocking original invoice date, shall be deemed the warranty start date. (c) . Customer shall have the right to pay notify Seller of any amounts due Seller hereunder using Electronic Funds Transfer ("EFT") Seller reserves the right to cancel the Customer's right to pay using EFT with disputed invoice within thirty (30) days notice from the date of the invoice. Seller may apply any credit which remains outstanding in favor of Customer to the oldest undisputed invoice which remains in Customer. (d) EFT payments by 's portfolio. Customer shall be made agrees to the following account of Seller or such pay Seller's reasonable attorneys' fees and other account as is subsequently designated direct costs incurred by Seller in writing and, concurrent with the EFT payment, Customer shall fax a copy collection of the [federal wire instructions/remittal]to Seller's Manager Cash Operations at 770-7504288. Lucent Technologies Proprietaryany amounts past due hereunder.

INVOICES AND TERMS OF PAYMENT. (a) a. For the Products and Licensed Materials (including transportation charges and taxes, if applicable), comprising the Initial System for a Market as set forth on Attachment A, Customer shall be invoiced as follows: a) 85% of the purchase price on delivery or as soon thereafter as practicable b) 10% of the purchase price on System Acceptance of the Initial System c) 5% of the purchase price on completion of all punch list items For orders submitted after Acceptance of an Initial System, ninety percent (90%) of the purchase price (including transportation and taxes, if applicable) will be billed by Seller when shippedinvoiced on delivery, or as soon thereafter as practicablepossible. Engineering The remaining ten percent (10%) shall be invoiced on Final Acceptance of installation on a unit by unit basis. Invoicing for the four million ($4,000,000) dollar Optional Feature RTU per MSC shall occur on delivery, and payment for said invoices shall be due thirty (30) days after Acceptance of the Initial System. In every case, engineering will be billed with the initial upon main shipment of Product(s). Installation Products and installation will be billed as performed or as soon thereafter as practical. b. Except as set forth in paragraph (d) below, Customer shall pay these invoiced amounts, less any disputed amounts, within thirty (30) days from the date of Seller's invoice. Payment in full for all invoiced Delinquent payments are subject to a late payment charge at the rate of one and one-half percent (1-1/2%) per month, or portion thereof, of the amount due (but not to exceed the maximum lawful rate). Any disputed items which are determined to be validly billed amounts is are due for receipt by payment based upon the original invoice date and will be subject to a retroactive late payment charge based upon the original invoice date. Customer shall notify Seller of any disputed invoice amounts within thirty (30) days from the date of the invoice. Seller may apply any credit which remains outstanding. c. Customer shall pay the invoiced amounts due on completion of all punch list items, less any disputed amounts, within ten (10) days from the date of Seller's invoice. No late payment charges will accrue until after thirty (30) days of the invoice date of Seller's invoice. d. Notwithstanding anything herein to the contrary, Customer may defer payment (the "Deferred Payments") on all invoices for Customer Products, Licensed Materials and Services purchased by Customer or bill xxxe. All payments other than EFT payments described in subsection its Operating Affiliates for which payment would be due pursuant to subsections (ca) below shall be forwarded to Seller at and (b) above until the following address: If by regular mail: Lucent Technologies Inc. P.O. Xxx 000000 Xxxxxxx, XX 00000-0000 Attn: Accounts Receivable If by overnight courier: NationsBank Account Number 143049062 6000 Xxxxxxxx Xxxx X.X. Xxx 000000 Xxxxxxx Xxxx, XX 00000 (x) Bill xxx Hold Products will be invoiced by Seller upon the earlier later of (i) completion of assembly at Seller's facility September 30, 1998, or (ii) upon stocking at the initial closing of Customer's designated locationsenior credit facility. Such invoice will serve as Seller's notification that Bill xxx Hold Products are complete and ready to be released by Customer for final shipment. The date of the invoice, which shall be the stocking date, shall be deemed the warranty start date. (c) Customer shall have the right to pay any amounts due Seller hereunder using Electronic Funds Transfer ("EFT") Seller reserves the right to cancel the Customer's right to pay using EFT with thirty (30) days notice to the Customer. (d) EFT payments by Customer shall be made to the following account of Seller or such other account as is subsequently designated by Seller in writing and, concurrent with the EFT payment, Customer shall fax a copy of the [federal wire instructions/remittal]to Seller's Manager Cash Operations at 770-7504288. Lucent Technologies ProprietaryThe

INVOICES AND TERMS OF PAYMENT. (a) Products and Payment for Products, Licensed Materials and Services (including transportation charges and taxes, if applicable) will be billed by due net 30 from the date of Seller's invoice. For orders which Seller when shippedis Lucent Technologies Proprietary Use Pursuant to Company Instructions * INDICATES CONFIDENTIAL TREATMENT REQUESTED responsible for installation, or as soon thereafter as practicable. Engineering the payment will be billed with the initial shipment of Product(s). Installation will be billed as performed invoiced upon Turnover or as soon thereafter as practical. Payment in full for all For furnish only orders the payment will be invoiced upon shipment or billed amounts as soon as practical thereafter. In either case the final payment is due for receipt by Seller within thirty net 30. (30b) days For Products, Licensed Materials and Services (including transportation charges and taxes, if applicable) that are not required to be paid in advance, Seller will invoice Customer, all amounts due for Products and Licensed Materials upon shipment and all amounts due for Services, upon completion of Services or, in either event, as soon as practical thereafter. Customer shall pay such invoiced amounts for receipt by Lucent net 30 from the invoice or bill xxxe. All payments other than EFT payments described in subsection (c) below shall be forwarded to Seller at the following address: If by regular mail: Lucent Technologies Inc. P.O. Xxx 000000 Xxxxxxx, XX 00000-0000 Attn: Accounts Receivable If by overnight courier: NationsBank Account Number 143049062 6000 Xxxxxxxx Xxxx X.X. Xxx 000000 Xxxxxxx Xxxx, XX 00000 (x) Bill xxx Hold Products will be invoiced by Seller upon the earlier of (i) completion of assembly at Seller's facility or (ii) upon stocking at Customer's designated location. Such invoice will serve as Seller's notification that Bill xxx Hold Products are complete and ready to be released by Customer for final shipment. The date of the invoice, which shall be the stocking date, shall be deemed the warranty start date. (c) Customer shall have the right to pay any all amounts due Seller hereunder using check of immediately available funds or Electronic Funds Transfer ("EFT") Seller reserves the right to cancel the Customer's right to pay using EFT with thirty (30) days notice to the Customer. (d) whether amounts have been invoiced by Seller. EFT payments by Customer shall be made to the following account of Seller or such other account as is subsequently designated by Seller in writing and, concurrent with the EFT payment, Customer shall fax a copy of the [federal wire instructions/remittal]to remittal to Seller's Manager Cash Operations at 770000-7504288000-0000. Chase Manhattan Bank New York, New York Account Name: Lucent Technologies ProprietaryInc. ACCT. 910144-9099 ABA 000000000 (d) If Customer fails to pay any invoiced amount when due, the invoiced amount shall be subject to a late payment charge at the rate of one and one half percent (1-1/2%) per month, or portion thereof, of the amount due (but not to exceed the maximum lawful rate). Customer agrees to pay Seller's reasonable attorneys' fees and other costs incurred by Seller in the collection of any amounts invoiced hereunder. (e) Customer agrees to review all invoices furnished by Seller hereunder upon receipt and, to use commercially reasonable efforts to notify Seller of any billing discrepancies within ten (10) days of receipt of the applicable invoice. Such inquiries can be directed to Seller in writing or by telephone. Inquiries shall be made to the telephone number or, if in writing, to the address identified on the invoice.