Miscellaneous Billing and Payment Matters Sample Clauses

Miscellaneous Billing and Payment Matters. Time is of the essence with respect to any payment obligation of Tops under this Agreement.
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Miscellaneous Billing and Payment Matters. (a) Time is of the essence. If A&P has failed to make any payment when due pursuant to this Article 5 and A&P has failed to cure the default within seventy-two (72) hours after receiving written notice from C&S, then C&S shall have the right (which rights shall be nonexclusive, cumulative of and additional to all other remedies) to defer further deliveries until all payments in default have been made, or if such payment is in default for more than five (5) business days following notice from C&S, to terminate this Agreement in accordance with Article 7 hereof. If either of the Parties in good faith disputes any portion of the Weekly Statement, absent manifest error, such Party shall nonetheless pay the full amount of the statement by the payment due date, without any deductions or offsets; provided, such Party may avail itself of the dispute resolution provision set forth below and in Article 8 hereof with respect to such disputed amount.
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Miscellaneous Billing and Payment Matters. Time is of the essence. If any payment under Section 6.2 is in default, and A&P has failed to cure the default within * after receiving notice from C&S, then, subject to Section 14, C&S shall have the right (which rights shall be nonexclusive, cumulative of and additional to all other remedies) to defer further deliveries until all payments in default have been made or, if such payment is in default for more than * following notice from C&S, to terminate this Agreement. If A&P disputes any portion of a statement, absent manifest error, it shall nonetheless pay the full amount of the statement by the payment due date, without any deductions or offsets. A&P shall give C&S notice of any billing adjustments it believes should be made, and the parties shall attempt to reach agreement on any adjustments within * . If either party believes a billing adjustment should be made, it shall give notice to the other party and the parties shall attempt to reach agreement on any adjustments within * from the date notice is received. In the event an agreement cannot be reached on disputed adjustments within said * , the parties will settle the dispute pursuant to Section 31. 6.4 * .
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Miscellaneous Billing and Payment Matters. Time is of the essence. If any payment under Section 6.2 is in default, and A&P has failed to cure the default within * after receiving notice from C&S, then, subject to Section 14, C&S shall have the right (which rights shall be nonexclusive, cumulative of and additional to all other remedies) to defer further deliveries until all payments in default have been made or, if such payment is in default for more than * following notice from C&S, to terminate this Agreement. If A&P *Material omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment under Rule 24-b2. disputes any portion of a statement, absent manifest error, it shall nonetheless pay the full amount of the statement by the payment due date, without any deductions or offsets. A&P shall give C&S notice of any billing adjustments it believes should be made, and the parties shall attempt to reach agreement on any adjustments within * . If either party believes a billing adjustment should be made, it shall give notice to the other party and the parties shall attempt to reach agreement on any adjustments within * from the date notice is received. In the event an agreement cannot be reached on disputed adjustments within said * , the parties will settle the dispute pursuant to Section 31. 6.4 *. If A&P’s *, then A&P will immediately *. If following *, then the obligation of A&P *, provided that if A&P’s *, then A&P shall be obligated to * pursuant to the terms of this Section 6.4.
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Miscellaneous Billing and Payment Matters. Time is of the essence. If any payment (including, but not limited to, the credits described in Section 5.2 above) by C&S is in default, Penn Traffic shall have the right (which rights shall be nonexclusive, cumulative of and additional to all other remedies) to defer further Services until all payments in default have been made or to terminate this Agreement as provided in Section 12.2(b) hereof. [*]. Penn Traffic or C&S shall give notice to the other party of any billing adjustments it believes should be made, and the parties shall attempt to reach agreement on any adjustments within seven (7) days. Notwithstanding the above, Penn Traffic will not have the right to defer Services unless the payment default cumulatively exceeds $[*], and for any cumulative payment default greater than $[*] but less than $[*], Penn Traffic shall be required to provide at least 1 business day (when banks in New York are legally open) notice before deferring any Services or exercising its right of termination under Section 12.2. Penn Traffic may immediately exercise any of its rights under this Section 5.3 and otherwise in the event of any payment default equal to or greater than $[*], or if any payment default has not been cured by the next immediate Weekly 3PL Statement.
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Miscellaneous Billing and Payment Matters. Time is of the essence. If any payment is in default, C&S shall have the right (which rights shall be nonexclusive, cumulative of and additional to all other remedies) to defer further shipments until all payments in default have been made or to terminate this Agreement as provided in Section 14.1(a) hereof. Further, without limiting any other rights and remedies set forth herein, [*] Penn Traffic or C&S shall give notice to the other party of any billing adjustments it believes should be made, and the parties shall attempt to reach agreement on any adjustments within seven (7) days. Notwithstanding the above, C&S will not have the right to defer shipments unless the payment default cumulatively exceeds [*], and for any cumulative payment default greater than [*] but less than [*], C&S shall be required to provide at least 1 business day (when banks in New York are legally open) notice before deferring any shipments or exercising its right of termination under Section 14. C&S may immediately exercise any of its rights under this Section 5.3 and otherwise in the event of any payment default equal to or greater than [*], or if any payment default has not been cured by the next immediate Weekly Statement. * Material omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment under Rule 24b-2 of the Securities and Exchange Act of 1934, as amended.
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Miscellaneous Billing and Payment Matters. Time is of the essence. If any payment under Schedule 9.1 is in default, and A&P has failed to cure the default within seventy-two hours after receiving written notice from C&S, then C&S shall have the right (which rights shall be nonexclusive, cumulative of and additional to all other remedies) to defer further deliveries until all payments in default have been made, or if such payment is in default for more than five (5) business days following notice from C&S, to terminate this Agreement in accordance with Schedule 11 hereof. If either of the Parties disputes any portion of the Weekly Statement, absent manifest error, such Party shall nonetheless pay the full amount of the statement by the payment due date, without any deductions or offsets; provided, such Party may avail itself of the dispute resolution provision set forth below and in Schedule 12 hereof with respect to such disputed amount. The Party disputing the payment shall give the other Party notice of any billing adjustments it believes should be made, and the Parties shall attempt to reach agreement on any adjustments within seven days. If either Party believes a billing adjustment should be made, it shall give notice to the other Party and the Parties shall attempt to reach agreement on any adjustments within seven days from the date notice is received. In the event an agreement cannot be reached on disputed adjustments within said seven days, the Parties will settle the dispute in accordance with the dispute resolution procedures for accounting disputes set forth in Schedule 12 hereof.
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Miscellaneous Billing and Payment Matters. Time is of the essence. If any payment is not timely received under this Agreement or is otherwise in default, C&S shall have the right (which right shall be nonexclusive, cumulative of and additional to all other remedies) to defer further deliveries until all payments in default have been made or to terminate this Agreement as provided in Section 14.1(a) hereof. Further, without limiting any other rights and remedies set forth herein, any payment not timely received by a Party will be subject to a variable late fee equal to the lesser of [***] or [***]. If BWD disputes any portion of a statement, absent manifest error, it shall nonetheless pay the full amount of the statement by the payment due date, without any deductions or offsets. BWD or C&S shall give notice to the other Party of any billing adjustments it believes should be made, and the Parties shall attempt to reach agreement on any adjustments within [***] days. Similarly, if C&S disputes any portion of any invoice that BWD sends to C&S, C&S shall nonetheless pay the full amount of the statement by the payment due date, without any deductions or offsets. If the relevant banks are not open for business on the weekday on which the relevant payment is due, then the due date shall be [***] (Eastern) on the immediately succeeding day that the relevant banks may be legally open.
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Related to Miscellaneous Billing and Payment Matters

  • Miscellaneous Matters The Company has presently outstanding unsecured non-convertible debt with a term of issue of at least four years, which is rated by a nationally recognized statistical rating organization in one of its four highest generic rating categories. The Company has filed with the Commission all material required to be filed pursuant to Sections 13, 14 or 15(d) of the Exchange Act since April 30, 2013.

  • Miscellaneous Transactions (A) PFPC Trust is authorized to deliver or cause to be delivered Property against payment or other consideration or written receipt therefor in the following cases:

  • LEGAL FEES; AND MISCELLANEOUS FEES Except as otherwise set forth in the Registered Offering Transaction Documents (including but not limited to Section V of the Registration Rights Agreement), each party shall pay the fees and expenses of its advisers, counsel, the accountants and other experts, if any, and all other expenses incurred by such party incident to the negotiation, preparation, execution, delivery and performance of this Agreement. Any attorneys’ fees and expenses incurred by either the Company or the Investor in connection with the preparation, negotiation, execution and delivery of any amendments to this Agreement or relating to the enforcement of the rights of any party, after the occurrence of any breach of the terms of this Agreement by another party or any default by another party in respect of the transactions contemplated hereunder, shall be paid on demand by the party which breached the Agreement and/or defaulted, as the case may be. The Company shall pay all stamp and other taxes and duties levied in connection with the issuance of any Securities.

  • Miscellaneous Expenses ▪ Tax reclaims that have been outstanding for more than 6 (six) months with the client will be charged $50 per claim. ▪ Charges incurred by U.S. Bank, N.A. directly or through sub-custodians for account opening fees, local taxes, stamp duties or other local duties and assessments, stock exchange fees, foreign exchange transactions, postage and insurance for shipping, facsimile reporting, extraordinary telecommunications fees, proxy services and other shareholder communications, recurring administration fees, negative interest charges, overdraft charges or other expenses which are unique to a country in which the client or its clients is investing will be passed along as incurred. ▪ A surcharge may be added to certain miscellaneous expenses listed herein to cover handling, servicing and other administrative costs associated with the activities giving rise to such expenses. Also, certain expenses are charged at a predetermined flat rate. ▪ SWIFT reporting and message fees. Margin Management Services Requires U.S. Bank as custodian for all assets $30,000 annual program fee (includes up to 4 Account Control Agreements) $7,500 annual fee per each additional Account Control Agreement. Fees are calculated pro rata and billed monthly Extraordinary Services – Extraordinary services are duties or responsibilities of an unusual nature, including termination, but not provided for in the governing documents or otherwise set forth in this schedule. A reasonable charge will be assessed based on the nature of the service and the responsibility involved. At our option, these charges will be billed at a flat fee or at our hourly rate then in effect. Account approval is subject to review and qualification. Fees are subject to change at our discretion and upon written notice. The fees set forth above and any subsequent modifications thereof are part of your agreement. Finalization of the transaction constitutes agreement to the above fee schedule, including agreement to any subsequent changes upon proper written notice. In the event your transaction is not finalized, any related out-of-pocket expenses will be billed to the client directly. Absent your written instructions to sweep or otherwise invest, all sums in your account will remain uninvested and no accrued interest or other compensation will be credited to the account. Payment of fees constitutes acceptance of the terms and conditions set forth. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an Account. For a non-individual person such as a business entity, a charity, a Trust, or other legal entity, we ask for documentation to verify its formation and existence as a legal entity. We may also ask to see financial statements, licenses, identification and authorization documents from individuals claiming authority to represent the entity or other relevant documentation. *Subject to annual CPI increase – All Urban Consumers – U.S. City Average

  • Miscellaneous Assets Any other tangible or intangible assets, properties or rights of any kind or nature not otherwise described above in this Section 2.1 and now or hereafter owned or used by Seller in the operation of the Station, including but not limited to all goodwill of the Station.

  • Miscellaneous and General 9.1. Survival.....................................................................49 9.2. Modification or Amendment....................................................50 9.3.

  • Miscellaneous Provisions Section 11.01

  • Compliance with Laws; Payment of Taxes and Liabilities (a) Comply, and cause each other Loan Party to comply, in all material respects with all applicable laws, rules, regulations, decrees, orders, judgments, licenses and permits, except where failure to comply could not reasonably be expected to have a Material Adverse Effect; (b) without limiting clause (a) above, ensure, and cause each other Loan Party to ensure, that no person who owns a controlling interest in or otherwise controls a Loan Party is or shall be (i) listed on the Specially Designated Nationals and Blocked Person List maintained by the Office of Foreign Assets Control (“OFAC”), Department of the Treasury, and/or any other similar lists maintained by OFAC pursuant to any authorizing statute, Executive Order or regulation or (ii) a person designated under Section 1(b), (c) or (d) of Executive Order No. 13224 (September 23, 2001), any related enabling legislation or any other similar Executive Orders, (c) without limiting clause (a) above, comply, and cause each other Loan Party to comply, with all applicable Bank Secrecy Act (“BSA”) and anti-money laundering laws and regulations and (d) pay, and cause each other Loan Party to pay, prior to delinquency, all taxes and other governmental charges against it or any collateral, as well as claims of any kind which, if unpaid, could become a Lien on any of its property; provided that the foregoing shall not require any Loan Party to pay any such tax or charge so long as it shall contest the validity thereof in good faith by appropriate proceedings and shall set aside on its books adequate reserves with respect thereto in accordance with GAAP and, in the case of a claim which could become a Lien on any collateral, such contest proceedings shall stay the foreclosure of such Lien or the sale of any portion of the collateral to satisfy such claim.

  • Miscellaneous Terms The term "or" is disjunctive; the term "and" is conjunctive. The term "shall" is mandatory; the term "may" is permissive. Masculine terms also apply to females; feminine terms also apply to males. The term "including" is by way of example and not limitation.

  • Governing Law and Miscellaneous Provisions The provisions of Article 7 of the Collateral Trust Agreement will apply with like effect to this Collateral Trust Joinder.

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