Common use of Unpaid sums Clause in Contracts

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.

Appears in 47 contracts

Samples: Track Access Contract (Freight Services), Track Access Contract, Track Access Contract

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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 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 clauses 13.1 and 13.3 to 13.5 shall not apply to proceedings commenced under this Clause clause 13.2.

Appears in 44 contracts

Samples: Track Access Contract (Passenger Services), Track Access Contract (Passenger Services), Track Access Contract (Passenger Services)

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 '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.

Appears in 23 contracts

Samples: Track Access Contract, Track Access Contract, Track Access Contract

Unpaid sums. If either party fails to pay: (a) any invoice issued to it under this contract Contract in respect of Track Charges; or (b) any other sum which has fallen due in accordance with any provision of this contractContract, 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.

Appears in 9 contracts

Samples: Track Access Contract, Track Access Contract, Track Access Contract

Unpaid sums. If either party fails to pay: (a) any invoice issued to it under this contract in respect of Track the Charges; or (b) any other sum which has fallen due in accordance with any other provision of this contract, then, subject to Clause 16.1.115.1.1: (i) the amount invoiced or sum due, as referred to in Clause 13.2(a9.3(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 Charges or other sum due); (ii) such debt shall be recoverable by any means available under the laws of England and Wales; and (iii) unless both parties to this contract agree otherwise, the dispute resolution procedures in Clauses 13.1 and 13.3 to 13.5 Clause 12 shall not apply to proceedings commenced under this Clause 13.29.3.

Appears in 9 contracts

Samples: Facility Access Contract, Facility Access Contract, Facility Access Contract

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 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 '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 clauses 13.1 and 13.3 to 13.5 shall not apply to proceedings commenced under this Clause clause 13.2.

Appears in 7 contracts

Samples: Track Access Contract, Track Access Contract, Track Access Contract

Unpaid sums. If either party fails to pay: (a) any invoice issued to it under this contract in respect of Track ChargesCharges in accordance with the provisions of Schedule 7; or (b) any other sum which has fallen due in accordance with any the provision of this contractSchedules 4, 5 or 8 or the Network Code, then, subject to Clause 16.1.1: (i) the amount invoiced or sum due, as referred to in Clause 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 clauses 13.1 and 13.3 to 13.5 shall not apply to proceedings commenced under this Clause clause 13.2.

Appears in 3 contracts

Samples: Track Access Contract, Track Access Contract, Track Access Contract

Unpaid sums. If either party fails to pay: (a) : any invoice issued to it under this contract in respect of Track ChargesCharges in accordance with the provisions of Schedule 7; or (b) or any other 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 's right to payment in respect of any invoice 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) 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.

Appears in 2 contracts

Samples: Freight Customer Track Access Contract, Freight Customer Track Access Contract

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 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.

Appears in 2 contracts

Samples: Track Access Contract (Passenger Services), Track Access Contract (Passenger Services)

Unpaid sums. If either party fails to pay: (a) any invoice issued to it under this contract in respect of Track Charges; oror‌ (b) any other sum which has fallen due in accordance with any provision of this contract, then, subject to Clause 16.1.1:16.1.1:‌ (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);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.

Appears in 1 contract

Samples: Track Access Contract

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Unpaid sums. If either party fails to pay: (a) any invoice issued to it under this contract in respect of Track the Charges; or (b) any other undisputed sum which has fallen due in accordance with any other provision of this contract, then, subject to Clause 16.1.115.1.1: (i) the amount invoiced or sum due, as referred to in Clause 13.2(a9.3(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 Charges or other sum due); (ii) such debt shall be recoverable by any means available under the laws of England and Wales; and (iii) unless both parties to this contract agree otherwise, the dispute resolution procedures in Clauses 13.1 and 13.3 to 13.5 Clause 12 shall not apply to proceedings commenced under this Clause 13.29.3.

Appears in 1 contract

Samples: Facility Track Access Contract

Unpaid sums. If either party fails to pay: (a) any invoice issued to it under this contract Contract in respect of Track Charges; oror‌ (b) any other sum which has fallen due in accordance with any provision of this contractContract, 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.

Appears in 1 contract

Samples: Track Access Contract

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.

Appears in 1 contract

Samples: Track Access Contract

Unpaid sums. If either party fails to pay: (a) any invoice issued to it under this contract in respect of Track Charges; oror‌ (b) any other sum which has fallen due in accordance with any provision of this contract, then, subject to Clause 16.1.1:then:‌ (i) the amount invoiced or sum due, as referred to in Clause 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);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 clauses 13.1 and 13.3 to 13.5 shall not apply to proceedings commenced under this Clause clause 13.2.

Appears in 1 contract

Samples: Track Access Contract

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.

Appears in 1 contract

Samples: Track Access Contract

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