Common use of Collection and Enforcement Clause in Contracts

Collection and Enforcement. The Trustees shall have the power to demand, collect and receive Employer contributions to the Trust, including the right to commence legal proceedings in the name of the Trust or any Benefit Plan or any assignee in a court of competent jurisdiction to collect the amount of unpaid contributions, interest, liquidated damages, late charges, attorneys' fees, and costs. Payments received by the Trustees shall be applied first to any interest due, and then to the oldest unpaid balance due. Nothing herein shall give any Employer the right to designate how any contribution payment shall be applied. The Trustees have the power to add to the amount of any Employer contribution a reasonable late charge, to be fixed by the rules and regulations promulgated by the Trustees, for failure to make prompt payments to the Trust as required by the Trustees, and the Trustees have the power to collect such late charges. Failure by an Employer to pay the amounts due the Trust shall be deemed a breach of this Trust Agreement.

Collection and Enforcement. The Trustees shall have the power to demand, collect and receive Employer contributions to the TrustFund, including the right to commence legal proceedings in the name of the Trust or any Benefit Plan Fund or any assignee in a court of competent jurisdiction to collect the amount of unpaid contributions, interest, liquidated damages, late charges, attorneys' fees, and costs. Payments received by the Trustees shall be applied first to any interest due, and then to the oldest unpaid balance due. Nothing herein shall give any Employer the right to designate how any contribution payment shall be applied. The Trustees have the power to add to the amount of any Employer contribution a reasonable late charge, to be fixed by the rules and regulations promulgated by the Trustees, for failure to make prompt payments to the Trust Fund as required by the Trustees, and the Trustees have the power to collect such late charges. Failure by an Employer to pay the amounts due the Trust Fund shall be deemed a breach of this Trust Agreement.