Financial Responsibility Payment and Security. (A) Except as (i) otherwise provided in this Agreement or an Exhibit or as (ii) Customer has been otherwise notified by Qwest, all Qwest invoices (the “Invoices”) are due upon receipt. Any invoice which is not paid in full by Customer within thirty (30) calendar days from Invoice date via check or wire transfer, or in another manner explicitly agreed to by Qwest for Customer, shall be considered past due (the 31st day being the “Past Due Date”). All discounts and promotions, if any, and taxes, will be included in the monthly Invoice. Any payment received by Qwest on or after the Past Due Date shall be subject to an interest charge on delinquent amounts at the rate of 1.00% of the late payment per month or the maximum lawful rate allowable under applicable state law, whichever is lower. Such interest charge shall be applied on any late payments, commencing upon the Past Due Date through the actual date of receipt of payment. Any and all applicable national, federal, state and local taxes, including without limitation, all use, sales, value-added, surcharges, excise, franchise, property, commercial, gross receipts, license, privilege or other similar taxes, levies, surcharges, duties fees, or other tax-related surcharges whether charged to or against Qwest or Customer, with respect to the Services or underlying facilities provided by Qwest, as well as any other imposition by any governmental authority which has the effect of increasing Qwest’s cost of providing the Services or the underlying facilities, shall be payable by Customer in addition to the other charges set forth in this Agreement. If full payment is not made when due, Qwest in its sole discretion, shall have the right, after Qwest has given written notice to Customer, to suspend all or any part of the Services until such time as Customer has paid all unpaid balances (including interest), or to terminate all or any part of the Service, except where such non-payment which gives rise to the termination is based upon applicable and valid tax exempt certificates already given to Qwest. During any such suspension, and upon any such termination, no service interruption shall be deemed to occur.
Financial Responsibility Payment and Security. 6.1 Customer will pay Brightspeed for all Services provided under this Agreement. Brightspeed will invoice Customer monthly for all Services. On or before the due date printed on the invoice ("Due Date"), Customer will pay all invoiced amounts to the address on the invoice, or will wire payment according to instructions provided by Brightspeed. Brightspeed may charge interest on any amounts not received by the Due Date at the rate of 0.000407 per day, compounded daily or, if applicable, the maximum rate allowed by law, until the past due amounts are paid. If Brightspeed does not receive payment in full by the Due Date or if amounts are not properly withheld by Customer under Section 6.2 below, Brightspeed may also take one or more of the following actions 30 calendar days after notifying Customer: (a) refuse to accept additional Order Forms; or (b) temporarily suspend or limit any Services until Customer pays all past due amounts, including interest. If Brightspeed does not refuse to accept additional Order Forms or temporarily suspend or limit any and all Services on the date specified in the 30 days' notice, and Customer's non-compliance continues, nothing contained herein shall preclude Brightspeed's right to refuse to accept additional Order Forms or temporarily suspend or limit any and all Services without further notice. Customer may not claim outage credits for any Service interruptions resulting from Brightspeed exercising its rights under this Section. If a payment default constitutes Cause, Brightspeed may also offset all amounts due, including interest, against:
Financial Responsibility Payment and Security. (A) Except as (i) otherwise provided in this Agreement or an Exhibit or as (ii) Customer has been otherwise notified by Qwest, all Qwest invoices (the "Invoices") are due upon receipt. Any undisputed amount on any Invoice which is not paid in full by Customer within thirty (30) calendar days from Invoice date via check or wire transfer, or in another manner explicitly agreed to by Qwest for Customer, shall be considered past due (the 31st day being the "Past Due Date"). All discounts and promotions, if any, and taxes, will be included in the monthly invoice. Any payment of an undisputed amount received by Qwest on or after the Past Due Date shall be subject to an interest charge on delinquent amounts at the rate of 1.00% of the late payment per month or the maximum lawful rate allowable under applicable state law, whichever is lower. Such interest charge shall be applied on any late payments, commencing upon the Past Due Date through the actual date of receipt of payment.
Financial Responsibility Payment and Security
