Common use of Remedies for Non-Payment Clause in Contracts

Remedies for Non-Payment. AmeriPath shall have all rights and remedies of a secured party and all rights, remedies, securities and liens of the Practice with respect to the Collateral including, but not limited to, extending the time of payment of, compromising, or settling for cash, credit, or otherwise upon any terms, any part or all of the Collateral, but shall not be liable for any failure to collect or enforce the payment thereof. AmeriPath is authorized by the Practice, except as otherwise prohibited by applicable law, to take possession of, and endorse in the name of the Practice any notes, checks, money orders, drafts, cash, insurance payments and any other instruments received in payment of the Collateral, or any part thereof; to collect, sue xxx and give satisfactions for moneys due on account of the Collateral; and to withdraw any claims, suits or proceedings pertaining to, or arising out of, AmeriPath's and/or the Practice's rights to the Collateral. AmeriPath's costs of collection and enforcement, including attorneys' fees and out-of-pocket expenses, shall be borne solely by the Practice. The Practice agrees that AmeriPath shall be permitted to place its representatives in the Medical Offices, with full authority to take possession of and retain for AmeriPath the books and records of the Practice with reference to the Practice's operations pursuant to this Agreement with respect to the Collateral.

Remedies for Non-Payment. AmeriPath shall have all rights and remedies of a secured party and all rights, remedies, securities and liens of the Practice with respect to the Collateral including, but not limited to, extending the time of payment of, compromising, or settling for cash, credit, or otherwise upon any terms, any part or all of the Collateral, but shall not be liable for any failure to collect or enforce the payment thereof. AmeriPath is authorized by the Practice, except as otherwise prohibited by applicable law, to take possession of, and endorse in the name of the Practice any notes, checks, money orders, drafts, cash, insurance payments and any other instruments received in payment of the Collateral, or any part thereof; to collect, sue xxx and give satisfactions for moneys due on account of the Collateral; and to withdraw any claims, suits or proceedings pertaining to, or arising out of, AmeriPath's and/or the Practice's rights to the Collateral. AmeriPath's costs of collection and enforcement, including attorneys' fees and out-of-pocket expenses, shall be borne solely by the Practice. The Practice agrees that AmeriPath shall be permitted to place its representatives in the Medical Offices, with full authority to take possession of and retain for AmeriPath the books and records of the Lab Practice with reference to the Lab Practice's operations pursuant to this Agreement with respect to the Collateral.