– Payment Assurance. 5.1 In the event that the Borrower fails to, or is in jeopardy of failing to, make payments as required under Section 4.1, the Borrower shall impose and collect fees, charges, rates and other levies as permitted by the Drainage Districts Act (Alberta) of an amount sufficient to pay to ACFA all amounts in arrears and becoming due and owing under this Agreement or any Debenture.
– Payment Assurance. 10 2.13 ORDER CHANGES................................................... 10 Changes........................................................... 10
– Payment Assurance. 5.1 In the event that the Borrower fails to, or is in jeopardy of failing to, make payments as required under Section 4.1, the Borrower shall impose upon and collect from its customers a fee of an amount sufficient to pay to ACFA all amounts in arrears and becoming due and owing under this Agreement or any Debenture.
– Payment Assurance. Maxtor Corporation undertakes to pay any undisputed amount which is past due to MMC from Maxtor Peripherals (S) Pte Ltd under this Agreement.
– Payment Assurance. Using Windstream’s processes as of the effective date of this Statement of Work #2 as modified by Windstream from time to time during the Term, Windstream will the following billing payment assurance services (the “Payment Assurance Services”):
– Payment Assurance. PANTRY agrees to provide a standby letter of credit issued in favor of MPC by a bank approved by MPC on such terms and conditions acceptable to MPC, and in an amount sufficient to secure payment of all Marathon branded products purchased by PANTRY and unpaid from time to time, including the amount of any payment for which MPC is awaiting confirmation, including without limitation any confirmation period for electronic funds transfer initiated by MPC. In the event PANTRY does not provide a letter of credit as required under this Section, MPC may, at its sole discretion, invoke its remedies under Section 3.3(c) of the Product Supply Agreement, including but not limited to, discontinuing further sales or shipments of Marathon branded products until such letter of credit is provided or, in the case of draws or expiration, until such letter of credit is restored.
– Payment Assurance. To secure Replidyne’s payment obligations of or under (i) Section 12.5(b) (Minimum Purchase Obligations) and/or (ii) Sections 12.5(c) (Engineering Costs) and 12.5(d) (Other Pre-Approved Reimbursable Costs) if and when those obligations cumulate to more than three million U. S. dollars (US$3,000,000) and/or (iii) Section 5.3 (Payment) if and when those obligations prior to the Launch Go Date cumulate to more than three million U. S. dollars (US$3,000,000) (not only for the excess of three million U. S. dollars (US$3,000,000), but for the full amount of such obligations) and/or (iv) Section 5.3 (Payment) if and when those obligations after the Launch Go Date for the period starting from the shipment of the Drug Substance pursuant to Section 4.7 (Delivery, Title and Risk of Loss) and ending at making the payment by Replidyne on any purchase order pursuant to Section 5.3 (Payment) exceeding three million U. S. dollars (US$3,000,000) (not only for the excess of three million U. S. dollars (US$3,000,000) but for the full amount of such purchase order), Replidyne shall, independently or together with one or more of Replidyne’s Designees, establish a commercially reasonable mechanism for securing Replidyne’s financial ability to make payment of, or obtain an insurance for, such obligations in accordance with the following time line: Minimum Purchase Obligations: Upon agreement of the minimum purchase quantities Engineering & Other: No later than thirty (30) days prior to the date on which it is reasonably foreseen that accumulated amount stipulated in Section 12.5 (c) (Engineering Costs) and other payment obligations of Replidyne stipulated in Section 12.5 (d) (Other Pre-Approved Reimbursable Costs) will exceed three million U. S. dollars (US$3,000,000). (The cost for raw materials for the Drug Substance for the first purchase order shall be included for the purpose of the calculation of such amount, regardless of whether or not Replidyne requests Nisso to shorten the delivery time.) Certain Purchase Orders Before the Launch Go Date: No later than sixty (60) days prior to shipment in case then outstanding aggregate purchase amount of the [ *** ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Exchange Act of 1933, as amended. Drug Substance prior to Launch Go Date exceeds three million U. S. dollars (US$3,000,0...
– Payment Assurance. The Escrow Agent hereby certifies that it has in its possession the original Completion Surety which has been issued by the Bank/Insurance Company and which has been allocated for the completion of the Subdivision Improvements as it relates to the Project. In the event that the Developer fails to complete the Subdivision Improvements with respect to the Project and have the same certified as being completed by , or any other engineer authorized to practice in the State of Florida, (the “Engineer”) all within two (2) years from the date of recording of the plat for the Project, unless otherwise extended by the County, then the Escrow Agent shall draw upon the Completion Surety such portion thereof as is needed to complete the Subdivision Improvements. Completion as defined in this Agreement shall mean the construction and installation of all Subdivision Improvements in accordance with the plans on file with Pinellas County, which completion must be certified by the Engineer and approved in writing by the County within two (2) years from the date of recording of the plat for the Project.
– Payment Assurance. As payment assurance to Contractor of its monthly Invoices, on or prior to the Notice to Proceed Effective Date, the Owner shall provide Contractor with reasonable assurance of Owner's ability to pay the Contract Price in accordance with the terms of this Agreement. Such reasonable assurance shall be in the form of a standby letter of credit issued by an Approved Bank in a form acceptable to Contractor but in an amount no more than eighteen million Dollars. In the event that Delta-T exercises a right to terminate under Section 9.3 of the General Conditions, the Owner shall pay in addition to sums due under Section 9.3 of the General Conditions, a fee determined as follows:
– Payment Assurance. If a properly scheduled payment is not received and posted on time by the payee, we will attempt to have any late fees or assessed finance charges removed. (Finance charges are calculated based on your payment amount rather than your entire balance.) If the payee is unwilling or unable to remove them, we will pay the fees and finance charges directly to the payee. In addition, we will attempt to have your account noted appropriately to ensure that the situation does not negatively impact your credit rating. The Payment Assurance applies to late fees and/or finance charges associated with the late posting of a payment, provided that the following conditions are met:
