Common use of Unpaid Statement(s) Clause in Contracts

Unpaid Statement(s). Should Shipper fail to pay all of the amount of any statement when the same becomes due, Shipper shall pay interest on the unpaid balance which shall accrue on each Day after the due date at the prime rate announced by Citibank in New York City, New York on the due date; provided that if such rate exceeds the applicable maximum rate permitted by law, the rate shall equal the applicable maximum rate. Such interest shall be compounded Monthly. If any undisputed amount plus interest remains unpaid for *** Days after the due date, LMM shall have the right to (i) suspend, in whole or in part, its obligations to Shipper under this Agreement until such undisputed amount plus interest is paid and/or (ii) offset, in whole or in part, the same against any amount due or owing by LMM to Shipper or its Subsidiaries under this Agreement or any other agreement.. Upon the rendering of a final unappealable order, the prevailing party in any suit, mediation, arbitration, and/or appeal therefrom for the collection of any amounts due under any statement shall be entitled to recover all costs incurred, including but not limited to reasonable attorney’s fees, court costs, and disbursements.

Appears in 3 contracts

Samples: Gas Gathering Agreement (Atlas Resources Public #19-2011 (C) L.P.), Gas Gathering Agreement (Atlas Energy Resources, LLC), Gas Gathering Agreement (Atlas Resources Public #18-2008 (A) L.P.)

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Unpaid Statement(s). Should Shipper fail to pay all of the amount of any statement when the same becomes due, Shipper shall pay interest on the unpaid balance which shall accrue on each Day after the due date at the prime rate announced by Citibank in New York City, New York on the due date; provided that if such rate exceeds the applicable maximum rate permitted by law, the rate shall equal the applicable maximum rate. Such interest shall be compounded Monthly. If any undisputed amount plus interest remains unpaid for *** Days after the due date, LMM shall have the right to (i) suspend, in whole or in part, its obligations to Shipper under this Agreement until such undisputed amount plus interest is paid and/or (ii) offset, in whole or in part, the same against any amount due or owing by LMM to Shipper or its Subsidiaries under this Agreement or any other agreement.. Upon the rendering of a final unappealable order, the prevailing party in any suit, mediation, arbitration, and/or appeal therefrom for the collection of any amounts due under any statement shall be entitled to recover all costs incurred, including but not limited to reasonable attorney’s fees, court costs, and disbursements.. H.3 ***

Appears in 3 contracts

Samples: Gas Gathering Agreement (Atlas Resources Public #19-2011 (C) L.P.), Gas Gathering Agreement (Atlas Energy Resources, LLC), Gas Gathering Agreement (Atlas Resources Public #18-2008 (A) L.P.)

Unpaid Statement(s). Should Shipper fail to pay all of the amount of any statement when the same becomes due, Shipper shall pay interest on the unpaid balance which shall accrue on each Day after the due date at the prime rate announced by Citibank in New York City, New York on the due date; provided that if such rate exceeds the applicable maximum rate permitted by law, the rate shall equal the applicable maximum rate. Such interest shall be compounded Monthly. If any undisputed amount plus interest remains unpaid for *** Days after the due date, LMM shall have the right to (i) suspend, in whole or in part, its obligations to Shipper under this Agreement until such undisputed amount plus interest is paid and/or (ii) offset, in whole or in part, the same against any amount due or owing by LMM to Shipper or its Subsidiaries under this Agreement or any other agreement.. . Upon the rendering of a final unappealable order, the prevailing party in any suit, mediation, arbitration, and/or appeal therefrom for the collection of any amounts due under any statement shall be entitled to recover all costs incurred, including but not limited to reasonable attorney’s fees, court costs, and disbursements.. H.3 ***

Appears in 2 contracts

Samples: Gas Gathering Agreement (Atlas Energy, L.P.), Gas Gathering Agreement (Atlas Resources Series 28-2010 L.P.)

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Unpaid Statement(s). Should Shipper fail to pay all of the amount of any statement when the same becomes due, Shipper shall pay interest on the unpaid balance which shall accrue on each Day after the due date at the prime rate announced by Citibank in New York City, New York on the due date; provided that if such rate exceeds the applicable maximum rate permitted by law, the rate shall equal the applicable maximum rate. Such interest shall be compounded Monthly. If any undisputed amount plus interest remains unpaid for *** Days after the due date, LMM shall have the right to (i) suspend, in whole or in part, its obligations to Shipper under this Agreement until such undisputed amount plus interest is paid and/or (ii) offset, in whole or in part, the same against any amount due or owing by LMM to Shipper or its Subsidiaries under this Agreement or any other agreement.. . Upon the rendering of a final unappealable order, the prevailing party in any suit, mediation, arbitration, and/or appeal therefrom for the collection of any amounts due under any statement shall be entitled to recover all costs incurred, including but not limited to reasonable attorney’s fees, court costs, and disbursements.

Appears in 2 contracts

Samples: Gas Gathering Agreement (Atlas Energy, L.P.), Gas Gathering Agreement (Atlas Resources Series 28-2010 L.P.)

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