LATE CHARGES AND OTHER COSTS IN CASE OF DEFAULT. The Member covenants and agrees that, in addition to the other sums that have become or will become due, pursuant to the terms of this agreement, the Member shall pay to the Cooperative a late charge in an amount to be determined from time to time by the Board of Directors for each payment of Monthly Housing Charges, or part thereof, more than 10 days in arrears. If a Member defaults in making a payment of Monthly Housing Charges or in the performance or observance of any provision of this agreement, and the Cooperative has obtained the services of any attorney with respect to the defaults involved, the Member covenants and agrees to pay to the Cooperative any costs or fees involved, including reasonable attorney's fees, notwithstanding the fact that a suit has not yet been instituted. In case a suit is instituted, the Member shall pay the cost of the suit, in addition to other aforesaid cost and fees.
LATE CHARGES AND OTHER COSTS IN CASE OF DEFAULT. (a) The Member covenants and agrees that, in addition to the other sums including maintenance and repair charges that have become or will become due, pursuant to the terms of this agreement. The Member shall pay to the Cooperative one or more late charges in an amount to be determined from time to time by the Board of Directors for each payment of Monthly Charges, or part thereof, more than 10 days in arrears.
LATE CHARGES AND OTHER COSTS IN CASE OF DEFAULT. Assessments are delinquent if not paid within fifteen (15) days after they become due. In addition to the other sums that have become or will become due, pursuant to the terms of this Agreement, if an Assessment is delinquent, the Member shall pay to the Cooperative a late charge not to exceed ten percent (10%) of the delinquent Assessments or ten dollars ($10.00), whichever is greater. In addition to late charges imposed on delinquent Assessments, Member shall pay all reasonable costs incurred by the Cooperative in collecting the delinquent Assessments, including reasonable attorneys' fees and interest on all sums due, including the delinquent Assessments at twelve percent (12%) annual interest commencing thirty (30) days after the Assessments becomes due. In the event either party to this Occupancy Agreement institutes legal action against the other party to interpret or enforce this Occupancy Agreement or to obtain damages for any alleged breach of this Occupancy Agreement or to enforce payment of any late charges pursuant to this Article, the prevailing party in such action shall be entitled to an award of reasonable attorneys' fees and other costs of suit.
LATE CHARGES AND OTHER COSTS IN CASE OF DEFAULT. The Member covenants and agrees that, in addition to the other sums that have become or will become due, pursuant to the terms of this Agreement, the Member shall pay to the Corporation a late charge in an amount to be determined from time to time by the Board of Directors for each payment of Carrying Charges, or part thereof, more than 10 days in arrears. If a Member defaults in making a payment of Carrying charges or in the performance or observance of any provision of this Agreement, and the Corporation has obtained the services of any attorney with respect to the defaults involved, the Member covenants and agrees to pay to the Corporation any costs or fees involved, including reasonable attorney’s fees, notwithstanding the fact that a suit has not yet been instituted. In case a suit is instituted, the Member shall also pay the costs of the suit, in addition to other aforesaid costs and fees. All payments by the member to the Cooperative shall first be credited to the member=s outstanding balance, if any, for attorney fees and court costs, repairs or delinquent carrying charges, late fees, and lastly to the current month=s carrying charges. If a member defaults in making a payment of carrying charges or in the performance or observance of any provision of this agreement, and the Cooperative has obtained the services of an attorney with respect to the defaults involved, the member covenants and agrees to pay to the Cooperative any costs or fees involved, including reasonable attorney=s fees. If the Cooperative prevails in defending a claim or counterclaim brought by the member against the Cooperative, its employees or agents, Member agrees to pay any costs or attorney fees involved.
LATE CHARGES AND OTHER COSTS IN CASE OF DEFAULT. Member covenants and agrees that, in addition to all other sums that are or may become due and payable under the terms of this Agreement, Member shall pay to Corporation a “Late Charge” in an amount periodically established by the Board of Directors. A late charge shall be assessed in the case of each payment of Carrying Charge, or part thereof, remaining unpaid after 4:01 PM
LATE CHARGES AND OTHER COSTS IN CASE OF DEFAULT. The Member covenants and agrees that, in addition to the other sums that have become or will become due, pursuant to the terms of this Agreement, the Member shall pay to the Co-Op a late charge in an amount to be determined by the Board of Directors not to exceed 20% of current Monthly Service Fee for each payment of Monthly Service Fee, or part thereof, more than 10 days in arrears. If a Member defaults in making a payment of Monthly Service Fee or in the performance or observance of any provision of this Agreement, and the Co-Op has obtained the services of any attorney with respect to the defaults involved, the Member covenants and agrees to pay to the Co-Op any costs or fees involved, including reasonable attorney's fees, notwithstanding the fact that a suit has not yet been instituted. In case a suit is instituted, the Member shall pay the cost of the suit, in addition to other aforesaid cost and fees.
LATE CHARGES AND OTHER COSTS IN CASE OF DEFAULT. The Member covenants and agrees that, in addition to the other sums that have become or will become due, according to the terms of this Agreement, the Member shall pay to the Cooperative a late charge in an amount to be determined from time to time by the Board of Directors for each payment of Carrying Charges in arrears. Until further notice from the Cooperative, the late charge is $ , (initials) for each payment of Carrying Charges more than five (5) days in arrears. If a Member defaults in making a payment of Carrying Charges or in the performance or observance of any provision of this Agreement, and the Cooperative has obtained the services of any attorney with respect to the defaults or fees involved, Member agrees to pay to the Cooperative, any such costs or fees, including actual attorney's fees, even though a suit has not yet been started. In case a suit is started, the Member shall also pay the costs of the suit, in addition to other costs and fees as permitted by law. The LIFO (last in first out) method of accounting may be used to pay any fee or other charge first before applying funds received to any arrearage.
LATE CHARGES AND OTHER COSTS IN CASE OF DEFAULT. The Shareholder covenants and agrees that, in addition to the other sums that have become or will become due, pursuant to the terms of this Agreement, the Shareholder shall pay to the Corporation a late charge in an amount to be determined from time to time by the Board of Directors for each payment of Carrying Charges, or part thereof, more than FIVE (5) days in arrears. If a Shareholder defaults in making a payment of Carrying Charges or in the performance or observation of any provision of this Agreement, and the Corporation has obtained the services of any attorney with respect to the defaults involved, the Shareholder covenants and agrees to pay to the Corporation any costs or fees involved, including reasonable attorney’s fees notwithstanding the fact that a suit has not yet been instituted. In case a suit is instituted, the Shareholder shall also pay the costs of the suit, in addition to other aforesaid costs and fees. Notwithstanding the foregoing, the Corporation shall not be entitled to reimbursement of its said costs and a reasonable attorney’s fee in the event that any Court having jurisdiction of the parties shall find for Shareholder in any pending action. In no event shall Shareholder be entitled to costs and attorney’s fees in any action which Shareholder may bring against Corporation.
LATE CHARGES AND OTHER COSTS IN CASE OF DEFAULT. The Member covenants and agrees that, in addition to the other sums that have become or will become due, pursuant to the terms of this agreement, the Member shall pay to the Corporation a late charge set by the Board of Directors for each scheduled monthly payment of Carrying Charge, or part thereof, more than 10 days in arrears. In addition, in the event that a Member defaults in making a payment under this agreement, which results in the Corporation's obtaining the services of an attorney with respect to the said default, the Member covenants and agrees to pay to the Corporation any and all costs or fees involved, including reasonable attorneys' fees notwithstanding the fact that a suit may not have yet been instituted. In the event a suit is instituted, the Member shall also pay the costs of such suit, in addition to the other aforesaid costs and fees. EASTWICK SQUARE COOPERATIVE, INC. by (Seal)
LATE CHARGES AND OTHER COSTS IN CASE OF DEFAULT. The Member agrees that, in addition to the other sums that have become or will become due pursuant to the terms of this Agreement, the Member shall pay to the Cooperative a late charge in an amount to be determined from time to time by its Board of Directors for each payment of any part of any Monthly Housing Charge more than five (5) days late or otherwise in violation of the Cooperative's Late Payment Policy, if any. If a Member defaults in making a payment of Monthly Housing Charges or in the performance or observation of any provisions of this Agreement and the Cooperative has hired any attorney with respect to the defaults involved, the Member promises to pay to the Cooperative any costs or fees involved. Including reasonable attorneys' fees, notwithstanding the fact that a suit has not yet been instituted. In case a suit in instituted, the Member shall pay the costs of the suit in addition to all other costs and fees.
