PROVIDER Termination for Non-Payment Sample Clauses
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PROVIDER Termination for Non-Payment. (a) PROVIDER shall have the right to terminate any PSA, without prejudice to any other legal rights to which it may be entitled, if CUSTOMER fails to pay to PROVIDER any material amount (i) that is undisputed or determined by the senior executives under Section 1.2 of Exhibit G to be due to PROVIDER, within five (5) business days following CUSTOMER’s agreement that such amount is not in dispute or the conclusion of the senior executives’ negotiations, whichever is earlier, or (ii) that remains in dispute and is not paid following the conclusion of the senior executives’ negotiations contemplated by Section 3.6(b) hereof.
(b) PROVIDER shall have no right to terminate if CUSTOMER pays any disputed amount within five (5) business days following the conclusion of the senior executives’ negotiations under Exhibit G, without prejudice, and invokes the remainder of the dispute resolution process set forth in Exhibit G.
(c) If pursuant to the dispute resolution process, PROVIDER is found to have charged improperly, PROVIDER shall promptly refund such excess amount along with interest at an annual rate equal to the lesser of (i) the three (3) month London Interbank Offered Rate (LIBOR) plus 100 basis points or (ii) the maximum rate of interest allowed by applicable law, from the date the payment was made through the date of the refund.
PROVIDER Termination for Non-Payment. Provider may terminate one or more Statements of Work hereunder solely if (a) T-Mobile has failed to make a material payment due under Section 6.4 (Payment of Invoices) in connection with such Statement of Work or Statements of Work, (b) such payment is not subject to a good faith dispute, (c) no earlier than [*] ([*]) days after the payment’s due date, Provider gives written notice of its intent to terminate, and (d) no less than [*] ([*]) additional calendar days pass, such payment not having been made. In the event that Provider terminates all then-effective Statements of Work pursuant to the preceding sentence, such termination will also terminate this Agreement.
PROVIDER Termination for Non-Payment. (a) PROVIDER shall have the right to terminate any PSA, without prejudice to any other legal rights to which it may be entitled, if CUSTOMER fails to pay to PROVIDER any amount (i) that is undisputed within thirty (30) days following CUSTOMER’s receipt of a Payment Default Notice, (ii) determined by the senior executives under Section 1.2 of Exhibit G to be due to PROVIDER, within five (5) business days following CUSTOMER’s agreement that such amount is not in dispute or the conclusion of the senior executives’ negotiations, whichever is earlier, or (iii) that remains in dispute and is not paid following the conclusion of the senior executives’ negotiations as contemplated by Section 3.6(b) hereof.
(b) PROVIDER shall have no right to terminate if CUSTOMER pays any disputed amount within five (5) business days following the conclusion of the senior executives’ negotiations under Exhibit G, without prejudice, and invokes the remainder of the dispute resolution process set forth in Exhibit G.
(c) If pursuant to the dispute resolution process, PROVIDER is found to have charged improperly, PROVIDER shall promptly refund such excess amount along with interest at a rate of 8% per annum.
