Common use of Payment Delay; Finance Charges Clause in Contracts

Payment Delay; Finance Charges. (a) If Recipient fails to make any material payment within thirty (30) days of the date such payment was due to Provider, Provider shall have the right, at its sole option, upon ten (10) days’ prior written notice (such notice, a “Suspension Notice”), to suspend performance of any Services until payment has been received. (b) If Recipient fails to make any payment within sixty (60) days of the date such payment was due to Provider, a finance charge of two percent (2%) per month, payable from the date of the invoice to the date such payment is received and levied upon the balance of any such payment, shall be due and payable to Provider. In addition, Recipient shall indemnify Provider for its costs, including reasonable attorneys’ fees and disbursements, incurred to collect any unpaid amount. (c) Recipient shall not be liable for the payment of any finance charges pursuant to this Section 2.06, and Provider shall not be authorized to suspend performance pursuant to this Section 2.06, to the extent, but only to the extent, that Recipient is in good faith disputing Service Fees or Expenses incurred under Sections 2.01 and 2.

Appears in 5 contracts

Samples: Transition Services Agreement (Highlands REIT, Inc.), Transition Services Agreement (Highlands REIT, Inc.), Transition Services Agreement (Inland American Real Estate Trust, Inc.)

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Payment Delay; Finance Charges. (a) If Recipient fails to make any material payment within thirty (30) days of the date such payment was due to Provider, Provider shall have the right, at its sole option, upon ten (10) business days’ prior written notice (such notice, a “Suspension Notice”), to suspend performance of any Services until payment has been received. (b) If Recipient fails to make any payment within sixty thirty (6030) days of the date such payment was due to Provider, a finance charge of two percent (2%) per month, payable from the date of the invoice to the date such payment is received and levied upon both the balance of any such payment, shall be due and payable to Provider. In addition, Recipient shall indemnify Provider for its costs, including reasonable attorneys’ fees and disbursements, disbursements incurred to collect any unpaid amount. (c) Recipient shall not be liable for the payment of any finance charges pursuant to this Section 2.062.05, and Provider shall not be authorized to suspend performance pursuant to this Section 2.062.05, to the extent, but only to the extent, that Recipient is in good faith disputing Service Fees or Expenses incurred under Sections 2.01 and 22.02.

Appears in 4 contracts

Samples: Transition Services Agreement (Urban Edge Properties), Transition Services Agreement (Urban Edge Properties), Transition Services Agreement (Washington Prime Group Inc.)

Payment Delay; Finance Charges. (a) If Recipient fails to make any material payment or payments that exceed $100,000 individually or in the aggregate within thirty (30) days of the date such payment was due to ProviderProvider with respect to one or more Services and has not disputed the applicable payment or payments, Provider shall have the right, at its sole option, upon ten (10) business days’ prior written notice (such notice, a “Suspension Notice”), to suspend performance of any such Service or Services until payment has been received. (b) If Recipient fails to make any payment within sixty thirty (6030) days of the date such payment was due to Provider, a finance charge of two twelve percent (212%) per monthannum, payable from the date of the invoice to the date such payment is received and levied upon the balance of any such payment, shall be due and payable to Provider. In addition, subject to Section 2.05(c), Recipient shall indemnify Provider for its costs, including reasonable attorneys’ fees and disbursements, disbursements incurred to collect any unpaid amount. (c) Recipient shall not be liable for the payment of any finance charges or attorneys’ fees and disbursements pursuant to this Section 2.062.05, and Provider shall not be authorized to suspend performance pursuant to this Section 2.062.05, to the extent, but only to the extent, that Recipient is in good faith disputing Service Fees or Expenses incurred under Sections 2.01 and 22.02.

Appears in 1 contract

Samples: Transition Services Agreement (JBG SMITH Properties)

Payment Delay; Finance Charges. (a) If Recipient fails to make any material payment within thirty (30) days of the date such payment was due to Provider, Provider shall have the right, at its sole option, upon ten (10) days’ prior written notice (such notice, a “Suspension Notice”), to suspend performance of any Services until payment has been received. (b) If Recipient fails to make any payment within sixty (60) days of the date such payment was due to Provider, a finance charge of two percent (2%) per month, payable from the date of the invoice to the date such payment is received and levied upon the balance of any such payment, shall be due and payable to Provider. In addition, Recipient shall indemnify Provider for its costs, including reasonable attorneys’ fees and disbursements, incurred to collect any unpaid amount. (c) Recipient shall not be liable for the payment of any finance charges pursuant to this Section 2.06, and Provider shall not be authorized to suspend performance pursuant to this Section 2.06, to the extent, but only to the extent, that Recipient is in good faith disputing Service Fees or Expenses incurred under Sections 2.01 and 22.02.

Appears in 1 contract

Samples: Transition Services Agreement (Orion Office REIT Inc.)

Payment Delay; Finance Charges. (a) If Recipient fails to make any material payment or payments that exceed $100,000 individually or in the aggregate within thirty (30) days of the date such payment was due to ProviderProvider with respect to one or more Services and has not disputed the applicable payment or payments, Provider shall have the right, at its sole option, upon ten (10) business days’ prior written notice (such notice, a “Suspension Notice”), to suspend performance of any such Service or Services until payment has been received. (b) If Recipient fails to make any payment within sixty thirty (6030) days of the date such payment was due to Provider, a finance charge of two five percent (25%) per monthannum, payable from the date of the invoice to the date such payment is received and levied upon the balance of any such payment, shall be due and payable to Provider. In addition, subject to Section 2.05(c), Recipient shall indemnify Provider for its costs, including reasonable attorneys’ fees and disbursements, disbursements incurred to collect any unpaid amount. (c) Recipient shall not be liable for the payment of any finance charges or attorneys’ fees and disbursements pursuant to this Section 2.062.05, and Provider shall not be authorized to suspend performance pursuant to this Section 2.062.05, to the extent, but only to the extent, that Recipient is in good faith disputing Service Fees or Expenses incurred under Sections 2.01 and 22.02.

Appears in 1 contract

Samples: Transition Services Agreement (JBG SMITH Properties)

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Payment Delay; Finance Charges. (a) If Recipient fails to make any payment of a material payment invoice within thirty sixty (3060) days of from the date such payment was due to Providerdue, Provider shall have the right, at its sole option, upon ten (10) business days’ prior written notice (such notice, a “Suspension Notice”), to suspend performance of any the Services until payment has been received. (b) If Recipient fails With respect to make the unpaid amount of any payment invoice not paid in full within sixty thirty (6030) days of the date such payment was due to Providerreceipt, a finance charge of two percent (2%) [·]% per month, payable from the date of the invoice to the date such payment is received and levied upon the balance of any such paymentreceived, shall be due and payable to Provider. In addition, Recipient shall indemnify Provider for its costs, including reasonable attorneys’ fees and disbursements, incurred to collect any unpaid amount. (c) Recipient shall not be liable for the payment of any finance charges pursuant to this Section 2.062.4, and Provider shall not be authorized to suspend performance pursuant to this Section 2.062.4, to the extent, but only to the extent, that Recipient is in good faith disputing Service Fees the fees or Expenses incurred under Sections 2.01 and 2expenses to which such finance charges or performance relates in accordance with Section 12.2.

Appears in 1 contract

Samples: Transition Services Agreement (Gaming & Leisure Properties, Inc.)

Payment Delay; Finance Charges. (a) If Recipient fails to make any payment of a material payment invoice within thirty sixty (3060) days of from the date such payment was due to Providerdue, Provider shall have the right, at its sole option, upon ten (10) business days’ prior written notice (such notice, a “Suspension Notice”), to suspend performance of any the Services until payment has been received. (b) If Recipient fails With respect to make the unpaid amount of any payment invoice not paid in full within sixty thirty (6030) days of the date such payment was due to Providerreceipt, a finance charge of two percent (2%) % per month, payable from the date of the invoice to the date such payment is received and levied upon the balance of any such paymentreceived, shall be due and payable to Provider. In addition, Recipient shall indemnify Provider for its costs, including reasonable attorneys’ fees and disbursements, incurred to collect any unpaid amount. (c) Recipient shall not be liable for the payment of any finance charges pursuant to this Section 2.062.4, and Provider shall not be authorized to suspend performance pursuant to this Section 2.062.4, to the extent, but only to the extent, that Recipient is in good faith disputing Service Fees the fees or Expenses incurred under Sections 2.01 and 2expenses to which such finance charges or performance relates in accordance with Section 12.2.

Appears in 1 contract

Samples: Transition Services Agreement (Penn National Gaming Inc)

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