Unpaid sums. If either party fails to pay:
(a) any invoice issued to it under this contract in respect of Track Charges; or
(b) any other sum which has fallen due in accordance with any provision of this contract, then, subject to Clause 16.1.1:
(i) the amount invoiced or sum due, as referred to in Clause 13.2(a) or (b), shall immediately constitute a debt due and owing from the party who has failed to pay the invoice or sum due to the other party (and to any assignee of a party’s right to payment in respect of any invoice or other sum due);
(ii) such debt shall be recoverable by any means available under the laws of England and Wales; and
(iii) the dispute resolution procedures in Clauses 13.1 and 13.3 to 13.5 shall not apply to proceedings commenced under this Clause 13.2.
Unpaid sums. If either party fails to pay:
(a) any invoice issued to it under this contract in respect of Track Charges in accordance with the provisions of Schedule 7; or
(b) any sum which has fallen due in accordance with any other provision of this contract, then, subject to Clause 16.1.1:
(i) the amount invoiced or sum due, as referred to in Clause 13.2(a) or (b), shall immediately constitute a debt due and owing from the party who has failed to pay the invoice or sum due to the other party (and to any assignee of a party's right to payment in respect of any Track Charges or other sum due);
(ii) such debt shall be recoverable by any means available under the laws of England and Wales; and
(iii) the dispute resolution procedures in Clauses 13.1 and 13.3 to 13.5 shall not apply to proceedings commenced under this Clause 13.2.
Unpaid sums. If either party fails to pay: any invoice issued to it under this contract in respect of Track Charges; or any other sum which has fallen due in accordance with any provision of this contract, then: the amount invoiced or sum due, as referred to in Clause 13.2(a) or (b), shall immediately constitute a debt due and owing from the party who has failed to pay the invoice or sum due to the other party (and to any assignee of a party's right to payment in respect of any invoice or other sum due); such debt shall be recoverable by any means available under the laws of England and Wales; and the dispute resolution procedures in Clauses 13.1 and 13.3 to 13.5 shall not apply to proceedings commenced under this Clause 13.2.
Unpaid sums. 12.2.1 If either party fails to pay:
(a) any invoice issued to it under this contract; or
(b) any sum which has fallen due in accordance with the provisions of this contract then:
(i) the amount invoiced or sum due, as referred to in Clause 12.2.1(a) or (b), shall immediately constitute a debt due and owing from the party who has failed to pay the invoice or sum due to the other party (and to any assignee of a party’s right to payment in respect of any other sum due);
(ii) such debt shall be recoverable by any means available under the laws of England and Wales; and
(iii) the dispute resolution procedures in Clauses 12.1 and 12.3 to 12.7 shall not apply to proceedings commenced under this Clause 12.2.
12.2.2 If the Adjacent Facility Owner withholds payment of the whole of or any part of an invoice or other statement of amounts payable under Clause 15.1.8, the procedure for resolving such dispute shall be as follows:
(a) within 7 days of service of any notice under Clause 15.1.7, the parties shall meet to discuss the disputed aspects of the invoice or statement with a view to resolving the dispute in good faith;
(b) if, within 7 days of that meeting (the “first meeting”), the parties are for any reason still unable to agree the disputed aspects of the invoice or statement, each party shall promptly (and in any event within 7 days) prepare a written summary of the disputed aspects of the invoice or statement and the reasons for each such dispute and shall submit the summaries to the senior officer of each party;
(c) within 28 days of the first meeting, the senior officers shall meet with a view to resolving all disputes; and
(d) if no resolution results within 14 days of that meeting, either party may refer the dispute for resolution under the ADRR.
Unpaid sums. If either party fails to pay:
Unpaid sums a) On termination of this Agreement, all unpaid sums owing by each Party will become due and payable to the other Party, and the Party owing any money not paid within ten (10) Business Days of the date of termination will be liable to reimburse the other Party for all reasonable legal costs and disbursements incurred by the other Party in the recovery of such sums.
b) This clause 15.4 will survive the termination of this Agreement.
Unpaid sums. Any amounts owing from Tenant to Landlord under this Lease shall bear interest at the highest rate permitted by law in the State of Minnesota, not to exceed the annual rate of 12% calculated from the date due until the date of payment. In addition to the foregoing remedies, if any payment of Rent or Additional Rent is not paid within five (5) days of the date due more than twice in any calendar year, Tenant shall thereafter (without the necessity of notice from Landlord) pay a one-time late charge equal to 5% of the amount of such overdue payment per month or proportion thereof as liquidated damages for Landlord's extra expense in handling such past due account.
Unpaid sums. Any amounts owing from Tenant to Landlord under this Lease shall bear interest at the highest rate permitted by law in the State of Minnesota, not to exceed the annual rate of 15% calculated from the date due until the date of payment. In addition to the foregoing remedies, if any payment of Rent or Additional Rent is not paid within five (5) days of the date due, Tenant shall (without the necessity of notice from Landlord) pay a late charge equal to 5% of the amount of such overdue payment per month or proportion thereof as liquidated damages for Landlord’s extra expense in handling such past due account.
Unpaid sums. Any sums due Manager under any provision of this Agreement, and not paid within ten (10) days after such sums have become due, shall bear interest at the rate of 18% per annum. ( ) (_ ) please initial indicating you understand and agree to section 17
18. REPRESENTATIONS – Owner represents and warrants that Owner owns the property and has full power and authority to enter into this Agreement, that there are no written or oral agreements affecting the property other than those which have been disclosed to Manager, that, to the best of Owner’s knowledge, the property is zoned for the intended use, and all permits for the operation of the Property have been secured and are current, and that the building and its construction and operation do not violate any applicable statutes, laws, ordinances, rules, or the like, and there is no unsafe condition. ( ) (_ ) please initial indicating you understand and agree to section 18
