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Common use of Payment and Billing Clause in Contracts

Payment and Billing. (a) STATION will, from time to time at intervals following broadcasts hereunder, bill AGENCY on behalf of Advertiser. AGENCY shall deliver payment to STATION at the address on the invoice within 15 days of the date of the invoice. (b) Any time of terrestrial radio broadcast on an invoice shall be accurate within 15 minutes. Any invoice identifying commercial announcements and their date and time of broadcasts, when sworn to by STATION, shall constitute an affidavit of performance or proof-of- performance. All invoices shall be deemed to be correct unless proven otherwise. (c) In the event that payment on any contract becomes past due and STATION in its sole discretion refers the contract to a collection agency or attorney for collection, the discount accorded to AGENCY under this contract will become null and void. (d) STATION is entitled to the maximum interest allowable by law on any past due balance. (e) In the event that STATION, in its sole discretion, refers this contract to a collection agency or attorney for collection, AGENCY will be responsible for all costs, including, but not limited to, reasonable attorney’s fees and costs and court costs, incurred. (f) Notwithstanding to whom invoices are rendered, AGENCY and Advertiser, jointly and severally, shall remain obligated to pay to STATION (i) the amount of any invoices rendered by STATION within the time specified and until payment in full is received by STATION; and (ii) any other amounts payable to STATION hereunder. Payment by Advertiser to AGENCY shall not constitute payment to STATION. (g) In the event any commercial announcements under this contract are purchased pursuant to a cooperative advertising arrangement, AGENCY is acknowledged to be the agent of the source of the cooperative advertising funds (hereinafter called “Vendor”) and Vendor shall be jointly and severally liable with AGENCY and Advertiser for payment in full of the entire cost of said announcements within the time specified and until payment in full is received by STATION. Payment by Vendor to AGENCY or Advertiser shall not constitute payment to STATION.

Appears in 2 contracts

Samples: Advertising Standard Terms and Conditions, Broadcast Time Contract

Payment and Billing. (a) STATION willa. As a condition precedent for any payment, from time the CONSULTANT shall submit monthly, an invoice to time at intervals following broadcasts hereunderthe CITY requesting payment for services properly rendered and expenses due. The CONSULTANT'S invoice shall describe with reasonable particularity each service rendered, bill AGENCY on behalf of Advertiser. AGENCY shall deliver payment to STATION at the address on the invoice within 15 days of the date of thereof, the invoice. (b) Any time of terrestrial radio broadcast on expended if such services were rendered pursuant to an Hourly Rate Basis and the person’s position rendering such service. The CONSULTANT'S invoice shall be accurate within 15 minutesaccompanied by such documentation or data in support of expenses for which payment is sought as the CITY may require. Any Each invoice identifying commercial announcements shall bear the signature of the CONSULTANT, which signature shall constitute the CONSULTANT'S representation to the CITY that the services indicated in the invoice have reached the level stated, have been properly and their date timely performed as required herein, that the expenses included in the invoice have been reasonably incurred in accordance with this Agreement, that all services provided are for a public purpose, that all obligations of the CONSULTANT covered by prior invoices have been paid in full, and time that the amount requested is currently due and owing, there being no reason known to the CONSULTANT that payment of broadcastsany portion thereof should be withheld. Submission of the CONSULTANT’s invoice for final payment will be clearly marked Final Invoice and shall further constitute the CONSULTANT’S representation to the CITY that, when sworn upon receipt by the CONSULTANT of the amount invoiced, all obligations of the CONSULTANT to others, including its consultants, incurred in connection with the services provided, will be paid in full. b. If the Scope of Services to be performed by STATIONa Work Order is clearly defined in advance of the work effort, the Work Order shall, at the sole discretion of the CITY, be issued on a "Lump Sum Basis.” Upon the CONSULTANT’S acceptance of the Work Order, the CONSULTANT shall perform all work required by the Work Order, but in no event, shall constitute the CONSULTANT be paid more than the negotiated “Lump Sum Fee” amount stated therein. c. If the Scope of Services to be performed by a Work Order is not clearly defined, the Work Order may, at the sole discretion of the CITY, be issued on an affidavit "Hourly Rate Basis" and contain a “Not-to Exceed” amount. Upon the CONSULTANT’S acceptance of performance the Work Order, the CONSULTANT shall perform all work required by the Work Order, but in no event, shall the CONSULTANT be paid more than the “Not-to-Exceed” amount stated therein. d. If the Scope of Services to be performed by a Work Order is not clearly defined, the Work Order may, at the sole discretion of the CITY, be issued on an "Hourly Rate Basis" and contain a “Limitation of Funds” amount. Upon the CONSULTANT’S acceptance of the Work Order, the CONSULTANT shall perform all work required by the Work Order, but in no event, shall the CONSULTANT be authorized to exceed that amount without the prior written approval of the CITY. Said approval, if given by the CITY, shall indicate a new “Limitation of Funds” amount. The CONSULTANT shall advise the CITY whenever the CONSULTANT has incurred expenses on any Work Order that equals or proofexceeds eighty percent (80%) of the “Limitation of Funds” amount. e. For Work Orders issued on a "Lump Sum Basis," the CONSULTANT may invoice the amount due based on the percentage of total Work Order services actually performed and completed, but in no event, shall the invoice amount exceed a percentage of the “Lump Sum Fee” amount equal to a percentage of the total services actually completed. f. For Work Orders issued on an "Hourly Rate Basis” with a “Not-of- performance. All invoices to-Exceed” amount, the CONSULTANT may invoice the amount due for actual work hours performed, but in no event, shall the invoice amount exceed a percentage of the “Not-to- Exceed” amount equal to a percentage of the total services actually completed. g. For Work Orders issued on an "Hourly Rate Basis" with a “Limitation of Funds” amount, the CONSULTANT may invoice the amount due for services actually performed and completed. h. Each Work Order, whether issued on a "Lump Sum Basis" or an "Hourly Rate Basis" with a “Not-to-Exceed” amount shall be deemed to be correct unless proven otherwisetreated separately. (c) In the event that payment on any contract becomes past due and STATION in its sole discretion refers the contract to a collection agency or attorney for collection, the discount accorded to AGENCY under this contract will become null and void. (d) STATION is entitled i. The CITY shall make payments to the maximum interest allowable by law on any past due balance. (e) In the event that STATION, in its sole discretion, refers this contract to a collection agency or attorney CONSULTANT when requested as work progresses for collection, AGENCY will be responsible for all costs, includingservices furnished, but not limited tomore than once monthly. Each Work Order shall be invoiced separately. The CONSULTANT shall render to the CITY, reasonable attorney’s fees at the close of each calendar month, an itemized invoice properly dated, describing any services rendered, the cost of the services, the name and costs address of the CONSULTANT, Work Order Number, Purchase Order Number, and court costs, incurredall other information required by this Agreement. (f) Notwithstanding to whom invoices are rendered, AGENCY and Advertiser, jointly and severally, shall remain obligated to pay to STATION (i) the amount of any invoices rendered by STATION within the time specified and until payment in full is received by STATION; and (ii) any other amounts payable to STATION hereunder. Payment by Advertiser to AGENCY shall not constitute payment to STATION. (g) In the event any commercial announcements under this contract are purchased pursuant to a cooperative advertising arrangement, AGENCY is acknowledged to be the agent of the source of the cooperative advertising funds (hereinafter called “Vendor”) and Vendor j. Invoices shall be jointly reviewed and severally liable with AGENCY and Advertiser for payment in full approved by the Project Manager prior to payment. The original invoice shall be sent to: City of the entire cost of said announcements within the time specified and until payment in full is received by STATION. Payment by Vendor to AGENCY or Advertiser shall not constitute payment to STATION.Green Cove Springs Accounts Payable 000 Xxxxxx Xxxxxx Xxxxx Xxxx Xxxxxxx, Xxxxxxx 00000

Appears in 2 contracts

Samples: Professional Services, Professional Services

Payment and Billing. You agree to pay to CenturyLink all invoiced charges (aplus applicable taxes and regulatory charges regardless of whether they are required to be collected from the user) STATION willon the terms and within the time periods indicated on the billing invoice, from time or as provided for in this Agreement. Charges will begin to time at intervals following broadcasts hereunder, bill AGENCY on behalf of Advertiser. AGENCY shall deliver payment to STATION accrue at the address on the invoice time Services and/or Equipment have been activated and are due within 15 thirty (30) days of the invoice date. If any amount due is received after the payment due date or in funds not immediately available on or before the payment due date, CenturyLink will assess a late payment charge, which may be a flat amount, a fixed percentage on the total, unpaid amount of the your invoice. (b) Any time , or a combination of terrestrial radio broadcast on an invoice shall be accurate within 15 minutes. Any invoice identifying commercial announcements and their date and time of broadcastsboth, when sworn to by STATION, shall constitute an affidavit of performance or proof-of- performance. All invoices shall be deemed to be correct unless proven otherwise. (c) In the event that payment on any contract becomes past due and STATION in its sole discretion refers the contract to a collection agency or attorney for collection, the discount accorded to AGENCY under this contract will become null and void. (d) STATION is entitled up to the maximum interest allowable amount allowed by law law. If Your check or other like instrument is dishonored by the depository institution on which it is drawn, We will also charge You a bad check charge not to exceed the maximum amount allowed by law. If You dispute the validity of a charge or need additional information regarding a charge, You must contact Us within forty-five (45) days of receiving the statement containing the charge. You acknowledge and agree that, subject to applicable law, We shall neither review for correction nor be liable for any past due balance. invoiced charge unless You notify Us of Your dispute within that forty-five (e45) In day period. Such a dispute will not result in an automatic refund or credit of the event that STATIONdisputed amount, in its sole discretionand it will not relieve You of Your obligation to pay Your full xxxx on time. Should You file a timely dispute, refers this contract We will review the dispute, and provide You with a credit or refund, should We find the dispute to a collection agency or attorney for collection, AGENCY will be responsible for all costs, includingvalid. We may, but are not limited required to, reasonable attorney’s fees and costs and court costsaccept partial payments from You. If partial payments are accepted, incurred. (f) Notwithstanding they may be applied first to whom invoices are rendered, AGENCY and Advertiser, jointly and severally, shall remain obligated to pay to STATION (i) the amount of any invoices rendered by STATION within the time specified and until oldest outstanding charges. If You send Us checks or money orders marked “payment in full is received full” or otherwise labeled with a similar restrictive endorsement, We may, but are not required to, accept them, without losing any of Our rights to collect all amounts owed by STATION; and (ii) any other amounts payable to STATION hereunder. Payment by Advertiser to AGENCY shall not constitute payment to STATION. (g) In the event any commercial announcements You under this contract are purchased pursuant to a cooperative advertising arrangementAgreement. WE MAY CHANGE OUR RATES AND TERMS AT ANY TIME BY GIVING YOU NOTICE THEREOF AT LEAST FIFTEEN (15) DAYS PRIOR TO THE EFFECTIVE DATE OF THE CHANGE. CONTINUING TO SUBSCRIBE TO, AGENCY is acknowledged to be the agent of the source of the cooperative advertising funds (hereinafter called “Vendor”USE, OR PAY FOR THE SERVICES AND/OR EQUIPMENT AFTER ANY CHANGE(S) and Vendor shall be jointly and severally liable with AGENCY and Advertiser for payment in full of the entire cost of said announcements within the time specified and until payment in full is received by STATIONIN THE PRICES, CHARGES,TERMS OR CONDITIONS ARE EFFECTIVE, MEANS THAT YOU AGREE TO THE CHANGES. Payment by Vendor to AGENCY or Advertiser shall not constitute payment to STATIONYOUR SOLE REMEDY FOR ANY CHANGE MADE BY CENTURYLINK PURSUANT TO THIS SECTION 4 ISTHE RIGHT TO TERMINATE THIS AGREEMENT ON OR BEFORE THE EFFECTIVE DATE OFANY SUCH CHANGE.

Appears in 1 contract

Samples: End User Agreement

Payment and Billing. 5.1 Prices for Services shall be as set forth in Exhibit A. Supplier shall invoice Verizon upon receipt of Verizon’s written notice of acceptance of Services. Each invoice shall reference this Agreement and Verizon’s written notification of acceptance as specified in Section 7 of this Agreement. 5.2 The prices specified in this Agreement are the total prices and there shall be no other charges whatsoever. Unless otherwise specified, the prices set forth in this Agreement or in an Order include all incidental costs, including without limitation, transportation, lodging, meals, entertainment and the use of all necessary tools, products and equipment. 5.3 The prices include all taxes except those which Supplier is required by Law to collect from Verizon. The fees and costs shall be inclusive of any and all fees and compensation due to any subcontractors. Supplier shall be solely responsible for the payment of any monies due or allegedly due subcontractors and Supplier’s agreements with such subcontractors shall provide that said subcontractors shall not seek payment (aeither directly or indirectly) STATION willfrom Verizon. Supplier is responsible for all of Supplier’s own overhead, equipment, tools, telephone calls, transportation, materials and any costs of any nature unless this Agreement specifically provides otherwise. Supplier may not charge Verizon for overtime work unless Verizon authorized the overtime work in writing in advance. 5.4 The price(s) shall be firm for the Term of this Agreement except that Supplier may at any time decrease the prices. Supplier agrees that if Supplier’s list price or the price later offered to Verizon for a Service is lower than the stated price, then the stated price shall be lowered for such Services provided. 5.5 Each invoice shall be itemized. Payments of undisputed amounts shall be made within ninety (90) days from time to time at intervals following broadcasts hereunder, bill AGENCY on behalf of Advertiser. AGENCY shall deliver payment to STATION at the address on the invoice within 15 days of the date of the receipt of each invoice. (b) Any time 5.6 If Verizon disputes all or any portion of terrestrial radio broadcast on an invoice invoice, it shall be accurate within 15 minutesrequired to pay only the amount not in dispute. Any invoice identifying commercial announcements and their date and time of broadcasts, when sworn to by STATION, shall constitute an affidavit of performance or proof-of- performance. All invoices Verizon shall be deemed entitled to set off any amount Supplier owes Verizon against amounts payable under this or any other Agreement. Payment by Verizon shall not result in a waiver of any of its rights under this Agreement. Verizon shall not be correct unless proven otherwiseobligated to pay Supplier for Services that are not fully and properly invoiced. (c) In 5.7 If the event that payment Order requires Supplier to procure products or materials at the expense of Verizon, Supplier agrees to make all purchasing decisions solely on any contract becomes past due and STATION in its sole discretion refers meeting the contract to a collection agency or attorney for collection, needs of Verizon at the discount accorded to AGENCY under this contract will become null and void. (d) STATION is entitled to the maximum interest allowable by law on any past due balance. (e) In the event that STATIONlowest possible cost. Verizon may, in its sole discretion, refers this contract direct Supplier to purchase the products or materials from a collection agency supplier chosen by Verizon, or attorney to purchase the products or materials after utilizing a competitive process. All such products or materials shall be provided to Verizon on a pass-through basis with no mark-up of any kind. If Supplier receives a commission, rebate or any other payment from the supplier of such products or materials connected to Supplier’s purchases for collectionVerizon, AGENCY will such commission, rebate or payment shall be responsible for all costs, including, but not limited to, reasonable attorney’s fees and costs and court costs, incurredpassed on to Verizon. (f) Notwithstanding 5.8 At Verizon’s option, Supplier will do the following: Verizon may, at no additional cost to whom Verizon, require Supplier to accept purchase orders and submit invoices are rendered, AGENCY via Verizon’s electronic payment system. Any terms and Advertiser, jointly conditions associated with the use of the electronic payment system shall be negotiated directly between the Supplier and severally, the electronic payment system provider. Transactions under this Agreement using the electronic payment system shall remain obligated to pay to STATION (i) be governed by the amount terms and conditions of any invoices rendered by STATION within the time specified and until payment in full is received by STATION; and (ii) any other amounts payable to STATION hereunderthis Agreement. Payment by Advertiser to AGENCY Payments made using such electronic invoice system shall not constitute payment to STATIONindicate acceptance of products or Services, or any part of products or Services. (g) In the event any commercial announcements under this contract are purchased pursuant to a cooperative advertising arrangement, AGENCY is acknowledged to be the agent of the source of the cooperative advertising funds (hereinafter called “Vendor”) and Vendor shall be jointly and severally liable with AGENCY and Advertiser for payment in full of the entire cost of said announcements within the time specified and until payment in full is received by STATION. Payment by Vendor to AGENCY or Advertiser shall not constitute payment to STATION.

Appears in 1 contract

Samples: General Services Agreement (Concord Acquisition Corp III)

Payment and Billing. (a) STATION will, from time to time at intervals following broadcasts hereunder, bill AGENCY on behalf of Advertiser. AGENCY Host shall deliver payment to STATION pay Provider for electricity produced by the Facility at the address rates set forth in Exhibit A hereto. The rate shall become effective on the Commercial Operations Date at the "Year 1" rate shown in Exhibit A and shall adjust annually thereafter in accordance with Exhibit A on each anniversary of such date. The energy purchase rates contained in Exhibit A reflect Provider's responsibility to pay for all costs for the design, permitting, construction, maintenance, operation, administration, and removal of the Facility pursuant to this Power Purchase Agreement. Host shall have no responsibility for any portion of any such costs, except to pay for electricity produced as provided in this Power Purchase Agreement. Host shall pay for the electricity produced by the Facility quarterly in arrears. Promptly after the end of each calendar quarter, Provider shall provide Host with an invoice setting forth the quantity of electricity produced by the Facility in such quarter, the applicable rates for such and the total amount due, which shall be the product of the quantity and the applicable rates. Invoices shall be in writing and shall be either (i) delivered by hand; (ii) mailed by first-class, registered or certified mail, return receipt requested, postage prepaid; (iii) delivered by a recognized overnight or personal delivery service; (iv) transmitted by facsimile (such transmission to be effective on the day of receipt if received prior to 5:00 p.m. local time on a business day or in any other case as of the next business day following the day of transmittal); or (v) transmitted by email if receipt of such transmission by email is specifically acknowledged by the recipient (automatic responses not being sufficient for acknowledgement), addressed as follows: Santa Xxxxxxx Municipal Airport 000 Xxxxxx Xxxxxxxxx Road Santa Barbara, CA 93117 Facsimile: (XXX) XXX-XXXX Host shall pay each invoice within 15 twenty (20) days of the date receipt of the invoice. (b) Any time of terrestrial radio broadcast on an invoice . Provided the Host has the ability to make payment by electronic funds transfer , payment shall be accurate within 15 minutesmade by electronic funds transfer to an account designated by Provider in the invoice or in a written notice delivered to Host; otherwise payment shall be made by check or other means agreed by the Parties. Any invoice identifying commercial announcements amounts not paid when due, including any amounts properly disputed and their date and time of broadcasts, when sworn later determined to by STATIONbe owing, shall constitute accrue interest on the unpaid amount at the rate of 1% per month, compounded monthly. If Host objects to all or a portion of an affidavit invoice, Host shall, on or before the date payment of performance or proof-of- performancethe invoice is due, (i) pay the undisputed portion of the invoice, and (ii) provide an itemized statement of its objections setting forth in reasonable detail the basis for its objections. All invoices If Host does not object prior to the date payment of any invoice is due, Host shall be deemed to be correct unless proven otherwise. (c) In the event that payment on any contract becomes past due and STATION in its sole discretion refers the contract to a collection agency or attorney for collection, the discount accorded to AGENCY under this contract will become null and void. (d) STATION is entitled to the maximum interest allowable by law on any past due balance. (e) In the event that STATION, in its sole discretion, refers this contract to a collection agency or attorney for collection, AGENCY will be responsible for all costs, including, but not limited to, reasonable attorney’s fees and costs and court costs, incurred. (f) Notwithstanding to whom invoices are rendered, AGENCY and Advertiser, jointly and severally, shall remain obligated to pay to STATION (i) the full amount of such invoices but Host may subsequently object to such invoice and, if such objection proves to be correct, receive a refund of the disputed amount plus interest on the disputed amount at the rate of 1% per month, compounded monthly; provided, however, that Host may not object to any invoices rendered by STATION within invoice more than twelve (12) months after the date on which such invoice is rendered. The right to dispute or object to an invoice, shall, subject to the time specified and until payment limitation provided in full is received by STATION; and (ii) any other amounts payable to STATION hereunder. Payment by Advertiser to AGENCY shall not constitute payment to STATIONthis Section 7(e), survive the expiration or termination of this Agreement. (g) In the event any commercial announcements under this contract are purchased pursuant to a cooperative advertising arrangement, AGENCY is acknowledged to be the agent of the source of the cooperative advertising funds (hereinafter called “Vendor”) and Vendor shall be jointly and severally liable with AGENCY and Advertiser for payment in full of the entire cost of said announcements within the time specified and until payment in full is received by STATION. Payment by Vendor to AGENCY or Advertiser shall not constitute payment to STATION.

Appears in 1 contract

Samples: Power Purchase Agreement