Common use of PAYMENT AND CHARGES Clause in Contracts

PAYMENT AND CHARGES. 6.1. The Client must pay the Charges set out in the Service Schedule for the Services provided to the Client, as well as any other costs, fees, expenses or other amounts associated with the provision of the Services, or otherwise in relation to the Records, within 14 days of the date of invoice issued by TIMG. 6.2. All amounts payable by the Client to TIMG under this Agreement must be paid without set-off or counterclaim of any kind. 6.3. TIMG may vary the Charges, including by amending or reissuing the Service Schedule by giving at least 60 days prior written notice to the Client. The variation will take effect on the date specified in the notice. 6.4. TIMG is under no obligation to return or destroy any Records until the Client has paid all Charges, and any other outstanding amounts in full (including any permanent retrieval charges and any interest owing). In addition to any other rights of TIMG, the Records collected and stored by TIMG are subject to: (1) any lien available to TIMG under any law or statute; and (2) a general lien at common law over the Records for all Charges (together with any other fees or interest, if applicable) currently or subsequently due to TIMG by the Client. 6.5. If the Client fails to make payment of any amount payable to TIMG under clause 6.1, then: (1) TIMG may give the Client a notice in writing that it will destroy the Records that it holds unless such amount is paid within 90 days; and (2) if the Client does not pay the outstanding amount in full within 90 days of the date of the notice given under clause 6.5(1), then TIMG is entitled to destroy the Records. 6.6. Where TIMG destroys any of the Client’s Records for failure to pay amounts outstanding in accordance with clause 6.5(2), the Client releases TIMG, its directors, officers, employees, agents and subcontractors from all sums of money, accounts, claims, actions, proceedings, demands and expenses which the Client at any time had, may have had or has against TIMG and its directors, officers, employees, agents and subcontractors (or any of them) for or by reason or in respect of any such destruction of Records.