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 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.

Appears in 11 contracts

Samples: Track Access Agreement, Track Access Contract, Freight Customer 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 in accordance with the provisions of Schedule 7; or (b) any sum which has fallen due in accordance with any other provision the provisions of this contractSchedules 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 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 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.

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 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 ’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 13.7 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 in accordance with the provisions of Schedule 7; oror‌ (b) any sum which has fallen due in accordance with any other provision the provisions 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 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 Track Charges or other sum due);due);‌ (ii) such debt shall be recoverable by any means available under the laws of England and Wales; andand‌ (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 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 ’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 13.7 shall not apply to proceedings commenced under this Clause 13.2.

Appears in 1 contract

Samples: Freight Customer 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 in accordance with the provisions of Schedule 7; or (b) any sum which has fallen due in accordance with any other provision the provisions of this contractSchedules 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 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 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.to

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 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 16.1.113.1: (i) the amount invoiced or sum due, as referred to in Clause 13.2(a10.2(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 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 10.1 and 13.3 10.3 to 13.5 10.7 shall not apply to proceedings commenced under this Clause 13.210.2.

Appears in 1 contract

Samples: Track Access Contract

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