Common use of Timeliness of Payment Clause in Contracts

Timeliness of Payment. All Fees payable by Customer hereunder shall be paid by Customer on a monthly basis. Any applicable Remote Processing Fees shall be due and payable in advance at the beginning of each month. Any other sum due MPOWER hereunder for which a time for payment is not otherwise specified will be due and payable within twenty (20) days after the date of Customer's receipt of an invoice therefor from MPOWER. If Customer fails to pay any amount due within thirty (30) days from the due date, late charges of 1 1/2% per month shall also become payable by Customer to MPOWER. In addition, failure of Customer to fully pay any amount due within sixty (60) days after the due date shall be deemed a material breach of this Agreement and shall be sufficient cause for immediate termination hereof. If Customer fails to pay, when due, any amount payable hereunder or fails to fully perform its obligations hereunder, Customer agrees to pay, in addition to any amount past due, plus interest accrued thereon, all reasonable expenses incurred by MPOWER in enforcing this Agreement including but not limited to all expenses of any legal proceeding related thereto and all reasonable attorneys' fees incurred in connection therewith. No failure by MPOWER to request any such payment or to demand any such performance shall be deemed a waiver by MPOWER of Customer's obligations hereunder or a waiver of MPOWER's right to terminate this Agreement.

Appears in 2 contracts

Samples: Master License and Services Agreement (Xcarenet Inc), Master License and Services Agreement (Xcarenet Inc)

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Timeliness of Payment. All Fees payable by Customer hereunder shall be paid by Customer on a monthly basis. Any applicable The Remote Processing Fees shall be due and payable in advance at the beginning of each month. Any other sum due MPOWER M_POWER hereunder for which a time for payment is not otherwise specified will be due and payable within twenty (20) days after the date of Customer's receipt of an invoice therefor from MPOWER. If Customer fails to pay any amount due within thirty (30) days from the due date, late charges of 1 1/2% per month shall also become payable by Customer to MPOWER. In addition, failure of Customer to fully pay any amount due within sixty (60) days after the due date shall be deemed a material breach of this Agreement and shall be sufficient cause for immediate termination hereof. If Customer fails to pay, when due, any amount payable hereunder or fails to fully perform its obligations hereunder, Customer agrees to pay, in addition to any amount past due, plus interest accrued thereon, all reasonable expenses incurred by MPOWER in enforcing this Agreement including but not limited to all expenses of any legal proceeding related thereto and all reasonable attorneys' fees incurred in connection therewith. No failure by MPOWER to request any such payment or to demand any such performance shall be deemed a waiver by MPOWER of Customer's obligations hereunder or a waiver of MPOWER's right to terminate this Agreement.

Appears in 2 contracts

Samples: Processing and Services Agreement (Xcarenet Inc), Processing and Services Agreement (Xcarenet Inc)

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