Common use of CHARGE FOR LATE PAYMENT Clause in Contracts

CHARGE FOR LATE PAYMENT. XXXXXXXX POWER and COUNTY hereby acknowledge that the late payment of any sums due under this Agreement will cause the COUNTY to incur costs not contemplated by this Agreement, the exact amount of which will be extremely difficult to ascertain. Such costs include but are not limited to costs such as administrative processing of delinquent notices, increased accounting costs, etc. Accordingly, if any payment of any sum due to the COUNTY under this Agreement is not received by the COUNTY within thirty (30) days after the due date, a late charge of two percent (2.0%) of the payment due and unpaid shall be added to the payment, and the total sum shall become immediately due and payable to the COUNTY. An additional charge of eighty-three one-hundredths percent (0.83%) of said payment, excluding late charges, shall be added for each additional month that said payment remains unpaid. Any and all payments (including partial payments) made by XXXXXXXX POWER to the COUNTY must first be applied to any unpaid late charge(s) before reducing the payment (whether current or delinquent) due. XXXXXXXX POWER and COUNTY hereby agree that such late charges represent a fair and reasonable estimate of the costs that the COUNTY will incur by reason of a late payment. Acceptance of such late charges (and/or any portion of the overdue payment) by the COUNTY shall in no event constitute a waiver of any default with respect to such overdue amount hereunder. The charges for late payment set forth in this Section 2.3 shall accrue and be due and payable whether or not specifically referenced in any individual section of this Agreement.

Appears in 2 contracts

Samples: Facilities Agreement, Facilities Agreement

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CHARGE FOR LATE PAYMENT. XXXXXXXX POWER and COUNTY hereby acknowledge that the late payment of any sums due under this Agreement will cause the COUNTY to incur costs not contemplated by this Agreement, the exact amount of which will be extremely difficult to ascertain. Such costs include but are not limited to costs such as administrative processing of delinquent notices, increased accounting costs, etc. Accordingly, if any payment of any sum due to the COUNTY under this Agreement is not received by the COUNTY within thirty (30) days after the due date, a late charge of two percent (2.0%) [***] of the payment due and unpaid shall be added to the payment, and the total sum shall become immediately due and payable to the COUNTY. An additional charge of eighty-three one-hundredths percent (0.83%) [***] of said payment, excluding late charges, shall be added for each additional month that said payment remains unpaid. Any and all payments (including partial payments) made by XXXXXXXX POWER to the COUNTY must first be applied to any unpaid late charge(s) before reducing the payment (whether current or delinquent) due. XXXXXXXX POWER and COUNTY hereby agree that such late charges represent a fair and reasonable estimate of the costs that the COUNTY will incur by reason of a late payment. Acceptance of such late charges (and/or any portion of the overdue payment) by the COUNTY shall in no event constitute a waiver of any default with respect to such overdue amount hereunder. The charges for late payment set forth in this Section 2.3 shall accrue and be due and payable whether or not specifically referenced in any individual section of this Agreement.

Appears in 1 contract

Samples: Rights and Production Facilities Agreement (Montauk Renewables, Inc.)

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CHARGE FOR LATE PAYMENT. XXXXXXXX POWER and COUNTY LICENSEE hereby acknowledge acknowledges that the late payment of any sums due under this Agreement hereunder will cause the 28 COUNTY to incur costs not contemplated by this AgreementLicense, the exact amount of which will be extremely difficult to ascertain. Such costs include but are not limited to costs such as 30 administrative processing of delinquent notices, increased accounting costs, etc. 32 Accordingly, if any payment of any sum due pursuant to the COUNTY under this Agreement License is not received by the COUNTY within thirty (30) days after by the due date, a late charge of two percent (2.0%) 1.5% of the payment due and unpaid unpaid, plus $100 shall be added to the payment, and 34 the total sum shall become immediately due and payable to the COUNTY. An additional charge of eighty-three one-hundredths percent (0.83%) 1.5% of said payment, excluding late charges, shall be added for each additional month that said 36 payment remains unpaid. Any and all payments (including partial payments) made by XXXXXXXX POWER to the COUNTY must first be applied to any unpaid late charge(s) before reducing the payment (whether current or delinquent) due. XXXXXXXX POWER 38 LICENSEE and COUNTY hereby agree that such late charges represent a fair and reasonable estimate of the costs that the COUNTY will incur by reason of a LICENSEE’s late payment. 40 Acceptance of such late charges charge (and/or any portion of the overdue payment) by the COUNTY shall in no event constitute a waiver of any LICENSEE’s default with respect to such overdue amount payment, or 42 prevent COUNTY from exercising any other rights and remedies granted hereunder. The COUNTY shall provide LICENSEE with an invoice for said charges for late payment set forth in this Section 2.3 and LICENSEE shall accrue and be due and payable whether or not specifically referenced in any individual section pay COUNTY within thirty 44 (30) days after receipt of this Agreementsaid invoice.

Appears in 1 contract

Samples: License Agreement

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