Common use of Unpaid sums Clause in Contracts

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 CVL ADRR.

Appears in 3 contracts

Samples: Connection Contract, Connection Contract, Connection Contract

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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 CVL ADRR.

Appears in 3 contracts

Samples: Model Connection Contract, Connection Contract, Connection Contract

Unpaid sums. 12.2.1 If either any 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 any party 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 CVL ADRR.

Appears in 1 contract

Samples: Connection Contract

Unpaid sums. 12.2.1 If either any 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 to whom the amount is owed (and to any assignee of a such party’s '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 Original 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 Original Parties are for any reason still unable to agree the disputed aspects of the invoice or statement, each party Original 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 partyOriginal 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 Original Party may refer the dispute for resolution under the CVL ADRR.

Appears in 1 contract

Samples: Connection Contract

Unpaid sums. 12.2.1 If either party 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 Party who has failed to pay the invoice or sum due to the other party Party (and to any assignee of a partyParty’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 either Party 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 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 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 partyParty; (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 CVL ADRR.

Appears in 1 contract

Samples: Connection Contract

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Unpaid sums. 12.2.1 If either party 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 Party who has failed to pay the invoice or sum due to the other party Party (and to any assignee of a partyParty’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 either Party 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 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 Parties are for any reason still unable to agree the disputed aspects of the invoice or statement, each party 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 partyParty; (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 Party may refer the dispute for resolution under the CVL ADRR.

Appears in 1 contract

Samples: Connection Contract

Unpaid sums. 12.2.1 ‌ (a) If either party fails to pay: (ai) any invoice issued to it under this contract; or (bii) any sum which has fallen due in accordance with the provisions of this contract then: (iA) the amount invoiced or sum due, as referred to in Clause 12.2.1(a12.2(a)(i) or (b12.2(a)(ii), 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 other sum due); (iiB) such debt shall be recoverable by any means available under the laws of England and Wales; and (iiiC) the dispute resolution procedures in Clauses 12.1 and 12.3 to 12.7 12.5 shall not apply to proceedings commenced under this Clause 12.2. 12.2.2 (b) 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 15.1.815.1(h), the procedure for resolving such dispute shall be as follows: (ai) within 7 days of service of any notice under Clause 15.1.715.1(g), the parties shall meet to discuss the disputed aspects of the invoice or statement with a view to resolving the dispute in good faith; (bii) 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; (ciii) within 28 days of the first meeting, the senior officers shall meet with a view to resolving all disputes; and (div) if no resolution results within 14 days of that meeting, either party may refer the dispute for resolution under the CVL ADRR.

Appears in 1 contract

Samples: Connection Contract

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 CVL ADRRADRR require that the matter be resolved by the Relevant Disputes Panel; and (e) if either party is dissatisfied with the determination of the Relevant Disputes Panel such party shall be entitled to refer the matter for arbitration pursuant to Part C of the ADRR (except that paragraphs C1.26-1.30 inclusive of those rules shall not apply).

Appears in 1 contract

Samples: Model Connection Contract

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