Common use of LATE CHARGES AND OTHER COSTS IN CASE OF DEFAULT Clause in Contracts

LATE CHARGES AND OTHER COSTS IN CASE OF DEFAULT. The Member covenants and agrees that, in addition to the other sums that have become or will become due, pursuant to the terms of this Agreement, the Member shall pay to the Corporation a late charge in an amount to be determined from time to time by the Board of Directors for each payment of Carrying Charges, or part thereof, more than 10 days in arrears. If a Member defaults in making a payment of Carrying charges or in the performance or observance of any provision of this Agreement, and the Corporation has obtained the services of any attorney with respect to the defaults involved, the Member covenants and agrees to pay to the Corporation any costs or fees involved, including reasonable attorney’s fees, notwithstanding the fact that a suit has not yet been instituted. In case a suit is instituted, the Member shall also pay the costs of the suit, in addition to other aforesaid costs and fees. All payments by the member to the Cooperative shall first be credited to the member’s outstanding balance, if any, for attorney fees and court costs, repairs or delinquent carrying charges, late fees, and lastly to the current month’s carrying charges. If a member defaults in making a payment of carrying charges or in the performance or observance of any provision of this agreement, and the Cooperative has obtained the services of an attorney with respect to the defaults involved, the member covenants and agrees to pay to the Cooperative any costs or fees involved, including reasonable attorney’s fees if the Cooperative prevails in defending a claim or counterclaim brought by the member against the Cooperative, its employees or agents.

LATE CHARGES AND OTHER COSTS IN CASE OF DEFAULT. The Member covenants and agrees that, in addition to the other sums that have become or will become due, pursuant to the terms of this Agreement, the Member shall pay to the Corporation a late charge in an amount to be determined from time to time by the Board of Directors for each payment of Carrying Charges, or part thereof, more than 10 days in arrears. If a Member defaults in making a payment of Carrying charges or in the performance or observance of any provision of this Agreement, and the Corporation has obtained the services of any attorney with respect to the defaults involved, the Member covenants and agrees to pay to the Corporation any costs or fees involved, including reasonable attorney’s fees, notwithstanding the fact that a suit has not yet been instituted. In case a suit is instituted, the Member shall also pay the costs of the suit, in addition to other aforesaid costs and fees. All payments by the member to the Cooperative shall first be credited to the member’s =s outstanding balance, if any, for attorney fees and court costs, repairs or delinquent carrying charges, late fees, and lastly to the current month’s =s carrying charges. If a member defaults in making a payment of carrying charges or in the performance or observance of any provision of this agreement, and the Cooperative has obtained the services of an attorney with respect to the defaults involved, the member covenants and agrees to pay to the Cooperative any costs or fees involved, including reasonable attorney’s fees if =s fees. If the Cooperative prevails in defending a claim or counterclaim brought by the member against the Cooperative, its employees or agents, Member agrees to pay any costs or attorney fees involved.

LATE CHARGES AND OTHER COSTS IN CASE OF DEFAULT. The Member covenants and agrees that, in addition to the other sums that have become or will become due, pursuant to the terms of this Agreementagreement, the Member shall pay to the Corporation a late charge in an amount to be determined from time to time by the Board of Directors for each payment of Carrying Chargescarrying charges, or part thereof, more than 10 days in arrears. If a Member defaults in making a payment of Carrying charges or in the performance or observance of any provision of this Agreement, and the Corporation has obtained the services of any attorney with respect to the defaults involved, the Member covenants and agrees to pay to the Corporation any costs or fees involved, including reasonable attorney’s fees, notwithstanding the fact that a suit has not yet been instituted. In case a suit is instituted, the Member shall also pay the costs of the suit, in addition to other aforesaid costs and fees. All payments by the member Member to the Cooperative shall first be credited to the memberMember’s outstanding balance, if any, for attorney fees and court costs, repairs or delinquent carrying charges, late fees, and lastly to the current month’s carrying charges. If a member defaults in making a payment of carrying charges or in the performance or observance of any provision of this agreement, and the Cooperative has obtained the services of an attorney with respect to the defaults involved, the member Member covenants and agrees to pay to the Cooperative any costs or fees involved, including reasonable attorney’s fees if fees, notwithstanding the fact that a suit has not yet been instituted. In case a suit is instituted, the Member shall also pay the costs of the suit, in addition to other aforesaid costs and fees. If the Cooperative prevails in defending a claim or counterclaim brought by the member Member against the Cooperative, its employees or agents, Member agrees to pay any costs or attorney fees involved.

LATE CHARGES AND OTHER COSTS IN CASE OF DEFAULT. The Member covenants and agrees that, in addition to the other sums that have become or will become due, pursuant to the terms of this Agreementagreement, the Member shall pay to the Corporation a late charge in an amount to be determined from time to time by the Board of Directors for each payment of Carrying Charges, Charges or part thereof, more than 10 days in arrears. If a Member defaults in making a payment of Carrying charges Charges or in the performance or observance of any provision of this Agreement, agreement and the Corporation has obtained the services of any attorney with respect to the defaults involved, the Member covenants and agrees to pay to the Corporation any costs or fees involved, including reasonable attorney’s fees, notwithstanding the fact that a suit has not yet been instituted. In case a suit is instituted, the Member shall also pay the costs of the suit, in addition to other aforesaid costs and fees. All payments by the member Member to the Cooperative shall first be credited to the memberMember’s outstanding balance, if any, for attorney fees and court costs, repairs or delinquent carrying chargesdelinquent-Carrying Charges, late fees, and lastly to the current month’s carrying chargesCarrying Charges. If a member Member defaults in making a payment of carrying charges Carrying Charges or in the performance or observance of any provision of this agreement, agreement and the Cooperative has obtained the services of an attorney with respect to the defaults involved, the member Member covenants and agrees to pay to the Cooperative any costs or fees involved, including reasonable attorney’s fees fee if the Cooperative prevails in defending a claim or counterclaim brought by the member Member against the Cooperative, its employees or agents.