Remedies for Non-Payment. AmeriPath shall have all rights and remedies of a secured party and all rights, remedies, securities and liens of the Practice with respect to the Collateral including, but not limited to, extending the time of payment of, compromising, or settling for cash, credit, or otherwise upon any terms, any part or all of the Collateral, but shall not be liable for any failure to collect or enforce the payment thereof. AmeriPath is authorized by the Practice, except as otherwise prohibited by applicable law, to take possession of, and endorse in the name of the Practice any notes, checks, money orders, drafts, cash, insurance payments and any other instruments received in payment of the Collateral, or any part thereof; to collect, sue xxx and give satisfactions for moneys due on account of the Collateral; and to withdraw any claims, suits or proceedings pertaining to, or arising out of, AmeriPath's and/or the Practice's rights to the Collateral. AmeriPath's costs of collection and enforcement, including attorneys' fees and out-of-pocket expenses, shall be borne solely by the Practice. The Practice agrees that AmeriPath shall be permitted to place its representatives in the Medical Offices, with full authority to take possession of and retain for AmeriPath the books and records of the Practice with reference to the Practice's operations pursuant to this Agreement with respect to the Collateral.
Remedies for Non-Payment. Until all Obligations have been paid in full, either in cash or through an Exchange effected in accordance with Section 2(c) above, the Holder shall have all rights and remedies set forth in this Note and the other Transaction Documents and which it may otherwise have under any law or in equity with respect to amounts due and unpaid hereunder. The Holder and its permitted successors and assigns shall be entitled to enforce such rights specifically, to recover damages by reason of any non-payment of the Obligations when due or the breach of any provision of this Note or the Transaction Documents and to exercise all other rights granted by law or in equity, if available. The Company recognizes and agrees that in the event that it fails to perform, observe, or discharge any or all of its obligations under this Note, any remedy at law may prove to be inadequate relief to the Holder and, therefore, the Holder shall be entitled to seek temporary and permanent injunctive relief in any such case without the necessity of proving actual damages and without posting a bond or other security.
Remedies for Non-Payment. If the Customer fails to pay undisputed invoices for thirty (30) days after the due date, the Operator shall be entitled to seek remedy as it sees fit including, but not limited to, elimination of any discount to the Terminal’s standard rates, suspension of Terminal Services and termination of this Agreement.
Remedies for Non-Payment. Should CUSTOMER fail to pay all of the amount of any bill as herein provided when such amount is due,
Remedies for Non-Payment. 72 10.1 Interest..................................................72 10.2 Other.....................................................72 10.3 Collateral................................................73 10.4 Insurance on Unsold Goods.................................74
Remedies for Non-Payment. Should Shipper fail to pay all of the amount of any xxxx as herein provided when such amount is due, Shipper shall pay to Union interest on the unpaid portion of the xxxx accruing at a rate per annum equal to the minimum commercial lending rate of Union's principal banker in effect from time to time from the due date until the date of payment. If such failure to pay continues for thirty (30) days after payment is due, Union, in addition to any other remedy it may have under the Contract may suspend service(s) until such amount is paid, provided however, that if Shipper, in good faith shall dispute the amount of any such xxxx or part thereof and shall pay to Union such amounts as it concedes to be correct and at any time thereafter within twenty (20) days of a demand made by Union shall furnish good and sufficient surety bond satisfactory to Union, guaranteeing payment to Union of the amount ultimately found due upon such xxxx after a final determination which may be reached either by agreement, arbitration decision or judgement of the courts, as may be the case, then Union shall not be entitled to suspend service(s) because of such non-payment unless and until default be made in the conditions of such bond or in payment for any further service(s) to Shipper hereunder. Notwithstanding the foregoing paragraph, this does not relieve Shipper from the obligation to continue its deliveries of gas under the terms of any agreement, where Shipper has contracted to deliver specified quantities of gas to Union.
Remedies for Non-Payment. If Xxxxx fails to make any payment when due, Seller reserves the right to suspend performance. Xxxxx agrees to pay a charge on all amounts past due at the rate of 1 ½% per month (18% per year) or the maximum lawful rate, whichever is less. In the event of non-payment, Xxxxx agrees to pay Seller’s reasonable attorney fees and court costs, if any, incurred by Seller to collect payment, and all applicable interest charges. Buyer acknowledges that transactions to which these terms relate are commercial transactions. To the extent not contrary to applicable law, Buyer (i) waives any available homestead exemption, (ii) irrevocably authorizes Seller to appoint a representative to appear in a court of competent jurisdiction to confess a judgment without process in Xxxxx’s favor for such amount that remain unpaid, and (iii) consent to immediate execution upon any such judgment. Buyer voluntarily and knowingly waives its right to notice, demand, presentment, protest and any hearing to which it may be entitled under any state or federal law relating to any right or remedy (including prejudgment remedies) that Seller may elect to use or of which it may avail itself. IMPORTANT NOTICE: A CONFESSION OF JUDGMENT PROVISION AND OTHER WAIVERS CONTAINED HEREIN CONSTITUTES A WAIVER OF IMPORTANT RIGHTS YOU MAY HAVE. IF YOU DO NOT PAY ON TIME, THESE WAIVERS ALLOW SELLER TO OBTAIN A JUDGMENT AGAINST YOU WITHOUT FURTHER NOTICE OR YOUR PRIOR KNOWLEDGE. YOU ARE GIVING UP YOUR RIGHT TO NOTICE AND TRIAL. SELLER MAY OBTAIN JUDICIAL REMEDIES TO COLLECT AMOUNTS DUE REGARDLESS OF ANY CLAIMS YOU MAY HAVE (INCLUDING WITHOUT LIMITATION, CLAIMS FOR RETURNED OR FAULTY GOODS, FAILURE BY SELLER TO COMPLY WITH THIS AGREEMENT, OR ANY OTHER CAUSE).
Remedies for Non-Payment. All of the payments required to be made by a Party hereunder shall be made on or before such payments are due. The failure of any Party to pay an amount due hereunder by the date that it is due shall constitute a breach of this Agreement. The remedies for failure to make the payments required by Article 6.5 (pertaining to the acquisition of an AMI Interest), Article 6.7 (pertaining to Renewal and Extension Leases) and the payments required under an applicable Operating Agreement shall be governed by the provisions of such Articles or the Operating Agreement (as the case may be). For all other payments to be made hereunder, the Party to whom such a payment is not made when due shall have the right to make written demand on the Party from whom such payment is past due. If the Party receiving such written demand fails to make the required payment within sixty (60) days from the date that it receives such written demand, such Party shall relinquish all of its interest under this Agreement (including, but not limited to all of the interest that it acquired pursuant to the terms hereof in any Leases, Options, seismic data and xxxxx drilled on the Contract Lands) to the Party to whom such payment is owed. The Party so relinquishing its interest hereby designates the Party to whom such payment is owed as its agent and attorney-in-fact for the limited purpose of such instrument of conveyance as is necessary to convey the relinquished interests to the Party to whom the payment is owed. The Party receiving such relinquished interest shall then offer the other Parties their proportionate share of such relinquished interest. Each of the other Parties who pay their proportionate share of the sum of money that was owed by the Party relinquishing its interest to the Party offering such interest within fourteen (14) days from its receipt of such offer, shall be entitled to their proportionate share of such relinquished interests and the Party offering such interest shall, as soon as practicable, execute an instrument conveying such interest to such Parties.
Remedies for Non-Payment. (a) Should Buyer fail to pay all of the amount of the xxxx as herein provided when such amount is due, then commencing on the date such payment is due, late payment charges shall accrue daily on the unpaid part of such xxxx and be paid at a rate of interest per annum which is equal to the prime rate charged from time to time by The Chase Manhattan Bank of New York for loans to commercial borrowers, plus 1% compounded monthly until paid. All such late payment charges shall be payable on demand by Buyer to Seller. If either principal or late payment interest charges are due, any payments thereafter received shall first be applied to late payment charges due, then to the previously outstanding principal due and lastly, to the most current principal due.
Remedies for Non-Payment. In addition to any other remedies available to NECS, in the event that Customer fails to pay any Fees within the time frame specified in the Customer Account or Service Agreement (as applicable), NECS will have the right to immediately suspend Customer’s access and use of NECS services, and to the Application Service until such Fees are received.
