Payments and Default Sample Clauses

Payments and Default. Any amounts not paid when due under this contract will bear interest at the rate of 1.5% per month, not to exceed the maximum rate permitted by law. In addition, if the Exhibitor defaults on any of its obligations under this contract or violates any Exhibition rule or regulation promulgated pursuant to this contract, the Management may, without notice, terminate the Exhibitor’s rights under this contract and may thereupon direct the Exhibitor forthwith to remove its Employees and Agents, and all of its articles or merchandise and other personal property, from the space contracted for and from the Exhibit Hall. In the event of a termination of this contract as a result of any such Exhibitor default or violation the Management may retain all monies paid or payable under this contract as liquidated damages. The Exhibitor will be responsible for any costs reasonably incurred by Management (including reasonable attorney’s fees) in enforcing the Exhibitor’s obligations under this contract.
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Payments and Default. 17.1. All payments set forth herein, by way of payment, settlement of Transactions, or otherwise shall be paid on the maturity dates set forth in the respective Confirmations or upon early maturity, should this be the case, or as provided in this Agreement and/or in the Confirmations as follows, subject to the other provisions already set forth herein: a) by the COUNTERPARTY to the BANK, by means of debit from the Checking Account; or b) by the BANK to the COUNTERPARTY, by means of credit to the Checking Account. 17.2. Failure to timely make the payments in immediately available funds shall be deemed late payment and the nonperforming Party shall be automatically put in default, no judicial or extrajudicial notification in this respect being required. 17.3. In the event of default in the payment of any amount due under the Transactions and/or as a result of any other provision hereof, the outstanding amount, as calculated pursuant to provisions of this Agreement and/or of the Confirmations, shall be increased by (i) interest for late payment at the SELIC rate (Special Settlement and Custody System) levied on the total outstanding amount, as from the date of default and until the date of actual payment, and (ii) non-compensatory fine of two percent (2%) levied on the total outstanding amount, if applicable, it being understood that payment of this fine shall not prevent creditor from claiming damages as a result of the direct losses proved to have resulted from the failure to comply with any of the obligations assumed hereunder, always limited to the amount of the Transaction/Agreement. 17.4. If creditor is required to resort to the courts to collect any amount due, even if in a proof of claim or execution proceeding, debtor agrees to reimburse creditor for the contractual fees of counsel, up to the limit of twenty percent (20%) of the amount in controversy, as well as costs of loss of suit incurred with the lawsuits and administrative proceedings brought, as decided by the court, interest and any charges and/or expenses, in addition to the amount owed hereunder.
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Payments and Default a.  Modes of Payment Any payments by the Parties under or in connection with this Agreement shall be made in Euros and shall be made by irrevocable wire transfer of immediately available funds, free and clear of any costs, fees, taxes and other charges (other than costs, fees, taxes or other charges of the recipient’s bank). Any such payment shall be deemed to be made only upon the irrevocable and unconditional crediting of the amount payable (without deduction of any costs, fees, taxes or other charges other than those of the recipient’s bank) to the relevant bank account of the respective Party.
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Payments and Default. See in Service Specification below. Payment will be made monthly in arrears by We Are With You upon receipt of an invoice from the Pharmacy that arrives no later than the 5th day after the end of the month. Payments will only be made where We Are With You is satisfied that the Service has been provided in accordance with the terms of this Agreement and will make best endeavours to pay within 30 days of receipt of the Pharmacy’s invoice. We Are With You shall be entitled to suspend payment and/or vary the amount of the payment if it considers the Pharmacy has committed a serious breach of the Agreement and shall forthwith notify the Pharmacy in writing accordingly. Following the exercise of rights in clause 7.2 above, We Are With You shall immediately investigate the grounds for suspension or variation and report to the Pharmacy every 30 days until such investigation is complete. When the investigation is complete, We Are With You shall immediately notify the Pharmacy of the outcome and, where appropriate, within 30 days pay any sums to the Pharmacy that were suspended or varied. Without prejudice, if the Pharmacy fails to comply with the provisions of this Agreement We Are With You may serve a default notice stating the action required to remedy the default within a period of time (to be specified by We Are With You) in which to take the action. If the Pharmacy remains in default following the expiry of the period specified We Are With You may proceed to terminate the Agreement. The Service and payment may be varied or discontinued if: The Pharmacy and We Are With You agree, or A change in We Are With You service priorities is required either by changes in legislation or by other circumstances, including the cessation or reduction of the budget or other changes in We Are With You service priorities that require either reduction in funding or discontinuation of funding. We Are With You also has the option to terminate funding should the Pharmacy enter into receivership or become insolvent.
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Payments and Default. See in Service Specification below. Payment will be made monthly in arrears by Addaction upon receipt of an invoice from the Pharmacy that arrives no later than the 5th day after the end of the month. Payments will only be made where Addaction is satisfied that the Service has been provided in accordance with the terms of this Agreement and will make best endeavours to pay within 30 days of receipt of the Pharmacy’s invoice. Addaction shall be entitled to suspend payment and/or vary the amount of the payment if it considers the Pharmacy has committed a serious breach of the Agreement and shall forthwith notify the Pharmacy in writing accordingly. Following the exercise of rights in clause 7.2 above, Addaction shall immediately investigate the grounds for suspension or variation and report to the Pharmacy every 30 days until such investigation is complete. When the investigation is complete, Addaction shall immediately notify the Pharmacy of the outcome and, where appropriate, within 30 days pay any sums to the Pharmacy that were suspended or varied. Without prejudice, if the Pharmacy fails to comply with the provisions of this Agreement Addaction may serve a default notice stating the action required to remedy the default within a period of time (to be specified by Addaction) in which to take the action. If the Pharmacy remains in default following the expiry of the period specified Addaction may proceed to terminate the Agreement. The Service and payment may be varied or discontinued if: The Pharmacy and Addaction agree, or A change in Addaction service priorities is required either by changes in legislation or by other circumstances, including the cessation or reduction of the budget or other changes in Addaction service priorities that require either reduction in funding or discontinuation of funding. Addaction also has the option to terminate funding should the Pharmacy enter into receivership or become insolvent.
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Payments and Default. Except in the case of an agreement to the contrary between the Parties, the contract prices are per unit, exclusive of tax (and exclusive of VAT) and in Euro. All payments have to be transferred in Euro without any deductions. Cheques are not accepted; the down payment and all other instalments shall be transferred to the account of the Seller without any deductions and fees. All bank fees on Buyers side have to be borne by the Buyer, all bank fees on Seller´s side will be borne by the Seller. The Buyer agrees to transfer to the account of the Seller the instalments stated on the order, which forms part of the agreement. The Seller will send an invoice and a report with photos to the Buyer, stating that a certain milestone is finished. After receiving the report, the Buyer transfers the money within 5 bank-days to the Seller’s account. All options shall be chosen in the order. Any change and any order of optional equipment or feature after the start of the construction may change the price and the time for completion, which shall be agreed by the parties. Options and changes ordered after the commencement date have to be paid 50% when started, 50% when completed. The delivery of the Yacht or of parts of it is always recognised to be carried out at the production-site of the Yacht. The costs for transporting the Yacht to another harbour shall be borne by the Buyer and will be invoiced separately, although the cost of launching the Yacht at the production-site is included in the purchase price. The Buyer is in default in the following events: a) If the Buyer is in default of the payment of any amount properly due to the Seller, the Seller shall be entitled to postpone the delivery date by the number of additional days of delay in the payment of such amount. b) If the Buyer fails to pay any amount due to the Seller within thirty (30) days after the due date therefore, and after notice to the Buyer in writing that payment is overdue; or c) If Buyer ‘s default has not been remedied (and is capable of remedy) within thirty (30) days of receiving written notice of such default from the Seller; or d) if any of the Buyer's assets are subject to sequestration due to debt enforcement proceedings or the Buyer is or might soon be subject to bankruptcy proceedings, to compositions proceedings or to any proceedings of similar nature or effect. Upon the happening of any event (a) to (d) noted above, the Seller may terminate the agreement by serving upon the Buyer written ...
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Payments and Default. 14.1. Time for payment of invoices is of the essence. 14.2. ARCPANEL accepts payment by direct deposit or credit card. 14.3. Credit card payments will incur a surcharge. 14.4. The Customer must pay on or before the due date as stated on the invoice. If payment in full is not received within the terms of the credit account, the Customer shall in addition be liable to pay: (i) Interest any overdue amount at the rate of five percent (5 %) per calendar month for each day the amount remains outstanding; and (ii) All expenses (including any amount charged to ARCPANEL by a debt collection agency or legal expenses) incurred in recovering or attempting to recover an overdue amount. These amounts and expenses include but are limited to legal fees, charges, disbursements or commissions on collections. 14.5. ARCPANEL may require the Customer to pay a deposit with order and may require payment in full before delivery, in one or more instalments. 14.6. If the Customer does not pay any such amount when due and payable ARCPANEL may defer delivery of the Goods until it has received payment. 14.7. The Customer must not deduct or withhold any amount from payments due to ARCPANEL. (i) Only payment of the entire invoiced amount shall be deemed discharge of the invoice. (ii) Interest will be charged on any unpaid amount in accordance with Clause 14.4. 14.8. Where the Customer fails to make payment in full or otherwise breaches any term of this Agreement, ARCPANEL may without prejudice to any of its other rights and remedies and at its absolute discretion: (i) withhold or delay delivery or further delivery of any Goods ordered by the Customer; (ii) take all possible action to recover outstanding payments under the Act; and (iii) terminate this Agreement and retain any monies paid by the Customer. 14.9. If the Customer supplies any of the goods to any other person before all moneys payable by the Customer have been paid to ARCPANEL, the Customer agrees that: (i) it holds the proceeds of re-supply of the goods on trust for and as agent for ARCPANEL immediately when they are receivable or are received; (ii) it must either pay the amount of the proceeds of re-supply to ARCPANEL immediately when they are received or pay those proceeds into an account with a bank or a financial institution or deposit-taking institution as trustee for ARCPANEL; (iii) it will supply ARCPANEL with the names of all persons receiving such Goods. 14.10. ARCPANEL may without prejudice to any of its other rig...
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Payments and Default 
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Related to Payments and Default

  • Termination and Default Either party, upon determination that the other party has failed or refused to perform or is otherwise in breach of any obligation or provision under this Agreement or the Contract Document, may give written notice of default to the defaulting party in the manner specified for the giving of notices herein. Termination of this Agreement by either party for any reason shall have no effect upon the rights or duties accruing to the parties prior to termination.

  • Answer and Default An answer and any counterclaims to the Arbitration Notice shall be required to be delivered to the party initiating the Arbitration within twenty (20) calendar days after the Arbitration Commencement Date. If an answer is not delivered by the required deadline, the arbitrator must provide written notice to the defaulting party stating that the arbitrator will enter a default award against such party if such party does not file an answer within five (5) calendar days of receipt of such notice. If an answer is not filed within the five (5) day extension period, the arbitrator must render a default award, consistent with the relief requested in the Arbitration Notice, against a party that fails to submit an answer within such time period.

  • Breach and Default 7.6.1 No Breach of this Agreement shall exist where such failure to discharge an obligation (other than the payment of money) is the result of a Force Majeure event or the result of an act or omission of the other Parties. Upon a Breach, the non-breaching Party shall give written notice of such Breach to the Breaching Party. Except as provided in article 7.6.2, the Breaching Party shall have 60 calendar days from receipt of the Breach notice within which to cure such Breach; provided however, if such Breach is not capable of cure within 60 calendar days, the Breaching Party shall commence such cure within 20 calendar days after notice and continuously and diligently complete such cure within six months from receipt of the Breach notice; and, if cured within such time, the Breach specified in such notice shall cease to exist. 7.6.2 If a Breach is not cured as provided in this article, or if a Breach is not capable of being cured within the period provided for herein, a Default shall exist and the non-defaulting Parties acting together shall thereafter have the right to terminate this Agreement, in accordance with article 3.3 hereof, by written notice to the Defaulting Party at any time until cure occurs, and be relieved of any further obligation hereunder and, whether or not those Parties terminate this Agreement, to recover from the Defaulting Party all amounts due hereunder, plus all other damages and remedies to which they are entitled at law or in equity. The provisions of this article shall survive termination of this Agreement. 7.6.3 In cases where the Interconnection Customer has elected to proceed under Section 32.3.5.3 of the SGIP, if the Interconnection Request is withdrawn or deemed withdrawn pursuant to the SGIP during the term of this Agreement, this Agreement shall terminate.

  • BREACH AND DEFAULT PROVISIONS ‌ A. Stipulated Penalties OIG may assess:‌‌ 1. A Stipulated Penalty of up to $1,000 for each day Align fails to comply with Section III.A;‌ 2. A Stipulated Penalty of up to $1,000 for each day Align fails to comply with Section III.B;‌ 3. A Stipulated Penalty of up to $1,000 for each day Align fails to comply with Section III.C;‌ 4. A Stipulated Penalty of up to $1,000 for each day Align fails to comply with Section III.D;‌ 5. A Stipulated Penalty of up to $1,000 for each day Align fails to comply with Section III.E;‌ 6. A Stipulated Penalty of up to $1,000 for each day Align fails to comply with Section III.F;‌ 7. A Stipulated Penalty of up to $1,000 for each day Align fails to comply with Section III.G;‌ 8. A Stipulated Penalty of up to $1,000 for each day Align fails to comply with Section III.H (if applicable);‌‌ 9. A Stipulated Penalty of up to $1,000 for each day Align fails to comply with Section IV;‌ 10. A Stipulated Penalty of up to $1,000 for each day Align fails to comply with Section V;‌ 11. A Stipulated Penalty of up to $1,000 for each day Align fails to comply with Section VII;‌ 12. A Stipulated Penalty of up to $1,000 for each day Align fails to comply with Section VIII; or‌ 13. A Stipulated Penalty of up to $50,000 for each false certification submitted by or on behalf of Align under this IA.‌

  • Absence of Violations and Defaults Neither the Company nor any of the Subsidiaries is (A) in violation of its charter, bylaws or similar organizational document, each as amended or supplemented from time to time, (B) in default under any contract, indenture, mortgage, deed of trust, loan or credit agreement, note, lease or other agreement or instrument to which the Company or any of the Subsidiaries is a party or by which it or any of them may be bound or to which any of the properties or assets of the Company or any of the Subsidiaries is subject (collectively, “Agreements and Instruments”), except for such defaults that would not reasonably be expected, singly or in the aggregate, to result in a Material Adverse Effect, or (C) in violation of any law, statute, rule, regulation, judgment, order, writ or decree of any arbitrator, court, governmental body, regulatory body, administrative agency or other authority, body or agency having jurisdiction over the Company or any of the Subsidiaries or any of their respective properties, assets or operations (each, a “Governmental Entity”), except for such violations that would not reasonably be expected, singly or in the aggregate, to result in a Material Adverse Effect.

  • Cure and Default An Interconnection Party that commits a Breach and does not take steps to cure the Breach pursuant to this Section 15.4 is in Default of this Appendix 2 and of the Interconnection Service Agreement.

  • Payments after Default Upon the occurrence and during the continuance of an Event of Default, interest on the outstanding principal balance of the Loan and, to the extent permitted by law, overdue interest and other amounts due in respect of the Loan, shall accrue at the Default Rate, calculated from the date such payment was due without regard to any grace or cure periods contained herein. Interest at the Default Rate shall be computed from the occurrence of the Event of Default until the earlier of (i) in the event of a non-monetary default, the cure of such Event of Default by Borrower and acceptance of such cure by Lender, and (ii) in the event of a monetary default, the actual receipt and collection of the Debt (or that portion thereof that is then due). To the extent permitted by applicable law, interest at the Default Rate shall be added to the Debt, shall itself accrue interest at the same rate as the Loan and shall be secured by the Mortgage. This paragraph shall not be construed as an agreement or privilege to extend the date of the payment of the Debt, nor as a waiver of any other right or remedy accruing to Lender by reason of the occurrence of any Event of Default and Lender retains its rights under the Note and this Agreement to accelerate and to continue to demand payment of the Debt upon the happening and continuance of any Event of Default.

  • Interest and Default Rate (a) Subject to the provisions of subsection (b) below, (i) each Eurocurrency Rate Loan shall bear interest on the outstanding principal amount thereof for each Interest Period at a rate per annum equal to the Eurocurrency Rate for such Interest Period plus the Applicable Rate and (ii) each Base Rate Loan shall bear interest on the outstanding principal amount thereof from the applicable borrowing date at a rate per annum equal to the Base Rate plus the Applicable Rate. (i) If any amount of principal of any Loan is not paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Laws. (ii) If any amount (other than principal of any Loan) payable by the Borrower under any Loan Document is not paid when due (without regard to any applicable grace periods), whether at stated maturity, by acceleration or otherwise, then upon the request of the Required Lenders, such amount shall thereafter bear interest at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Laws. (iii) Upon the request of the Required Lenders, while any Event of Default exists (including a payment default), all outstanding Obligations (including L/C Fees) may accrue at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Laws. (iv) Accrued and unpaid interest on past due amounts (including interest on past due interest) shall be due and payable upon demand. (c) Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may be specified herein. Interest hereunder shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding under any Debtor Relief Law. (d) For the purposes of the Interest Act (Canada), (i) whenever a rate of interest or fee rate hereunder is calculated on the basis of a year (the “deemed year”) that contains fewer days than the actual number of days in the calendar year of calculation, such rate of interest or fee rate shall be expressed as a yearly rate by multiplying such rate of interest or fee rate by the actual number of days in the calendar year of calculation and dividing it by the number of days in the deemed year, (ii) the principle of deemed - 45 - reinvestment of interest shall not apply to any interest calculation hereunder and (iii) the rates of interest stipulated herein are intended to be nominal rates and not effective rates or yields.

  • Payment of accrued default interest Subject to the other provisions of this Agreement, any interest due under this Clause shall be paid on the last day of the period by reference to which it was determined; and the payment shall be made to the Agent for the account of the Creditor Party to which the overdue amount is due.

  • Payments After Event of Default Except as otherwise provided in Section 3.04 hereof, all payments received and amounts held or realized by the Mortgagee (including any amounts realized by the Mortgagee from the exercise of any remedies pursuant to Section 15 of the Lease or Article IV hereof) after an Event of Default shall have occurred and be continuing and after the declaration specified in Section 4.04(b) hereof, as well as all payments or amounts then held by the Mortgagee as part of the Trust Indenture Estate, shall be promptly distributed by the Mortgagee in the following order of priority: First,so much of such payments or amounts as shall be required to (i) reimburse the Mortgagee or WTC for any tax (except to the extent resulting from a failure of the Mortgagee to withhold taxes pursuant to Section 2.04(b) hereof), expense or other loss (including, without limitation, all amounts to be expended at the expense of, or charged upon the rents, revenues, issues, products and profits of, the property included in the Trust Indenture Estate (all such property being herein called the “Mortgaged Property”) pursuant to Section 4.05(b) hereof) incurred by the Mortgagee or WTC (to the extent not previously reimbursed), the expenses of any sale, or other proceeding, reasonable attorneys’ fees and expenses, court costs, and any other expenditures incurred or expenditures or advances made by the Mortgagee, WTC or the Note Holders in the protection, exercise or enforcement of any right, power or remedy or any damages sustained by the Mortgagee, WTC or any Note Holder, liquidated or otherwise, upon such Event of Default shall be applied by the Mortgagee as between itself, WTC and the Note Holders in reimbursement of such expenses and any other expenses for which the Mortgagee, WTC or the Note Holders are entitled to reimbursement under any Operative Agreement and (ii) all amounts payable to the other Indenture Indemnitees hereunder and under the Participation Agreement and the Lease; and in the case the aggregate amount to be so distributed is insufficient to pay as aforesaid in clauses (i) and (ii), then ratably, without priority of one over the other, in proportion to the amounts owed each hereunder; Second,so much of such payments or amounts remaining as shall be required to reimburse the then existing or prior Note Holders for payments made pursuant to Section 5.03 hereof (to the extent not previously reimbursed) shall be distributed to such then existing or prior Note Holders ratably, without priority of one over the other, in accordance with the amount of the payment or payments made by each such then existing or prior Note Holder pursuant to said Section 5.03 hereof; Third,(i) so much of such payments or amounts remaining as shall be required to pay in full the aggregate unpaid Original Amount of all Series A Equipment Notes, and the accrued but unpaid interest and other amounts due thereon (other than Make-Whole Amount which shall not be due and payable) and all other Secured Obligations in respect of the Series A Equipment Notes (other than Make-Whole Amount) to the date of distribution, shall be distributed to the Note Holders of Series A, and in case the aggregate amount so to be distributed shall be insufficient to pay in full as aforesaid, then ratably, without priority of one over the other, in the proportion that the aggregate unpaid Original Amount of all Series A Equipment Notes held by each holder plus the accrued but unpaid interest and other amounts due hereunder or thereunder (other than Make-Whole Amount, if any) to the date of distribution, bears to the aggregate unpaid Original Amount of all Series A Equipment Notes held by all such holders plus the accrued but unpaid interest and other amounts due thereon (other than Make-Whole Amount) to the date of distribution;

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