Common use of REMUNERATION; COLLECTION Clause in Contracts

REMUNERATION; COLLECTION. Cingular shall pay to InfoSpace the amounts as set forth on Exhibit G. Each party may accept any check or payment without prejudice to its rights to recover the balance due or to pursue any other right or remedy. No endorsement or statement on any check or payment or letter accompanying any check or payment or elsewhere will be construed as an accord or satisfaction. Unless explicitly stated on Exhibit G, all amounts payable under this Agreement are denominated in United States dollars and each party will pay all amounts payable under this Agreement in lawful money of the United States. In the event of a disputed amount on any invoice, the billed party shall notify the billing party of its dispute in writing within forty-five (45) days of receipt of invoice, setting forth the reasons therefor. The billing party will respond within thirty (30) days of receipt of the billed party’s notice of dispute, at which time either (a) the billing party will agree with the claim and will waive payment, or (b) the parties will agree to meet to resolve the dispute within a reasonable period of time. During this process, InfoSpace does NOT have the right to suspend the license of or the support for the InfoSpace Software. The non-prevailing party will be responsible for all reasonable expenses (including attorney fees) incurred by the prevailing party in any action brought for the collection of past due amounts payable under this Agreement.

Appears in 3 contracts

Samples: Wireless Services Agreement (Motricity Inc), Wireless Services Agreement (Motricity Inc), Wireless Services Agreement (Motricity Inc)

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REMUNERATION; COLLECTION. Cingular shall pay to InfoSpace the amounts as set forth on Exhibit G. C. Each party may accept any check or payment without prejudice to its rights to recover the balance due or to pursue any other right or remedy. No endorsement or statement on any check or payment or letter accompanying any check or payment or elsewhere will be construed as an accord or satisfaction. Unless explicitly stated on Exhibit GC, all amounts payable under this Agreement are denominated in United States dollars and each party will pay all amounts payable under this Agreement in lawful money of the United States. In the event of a disputed amount on any invoice, the billed party shall notify the billing party of its dispute in writing within forty-five (45) days of receipt of invoice, setting forth the reasons therefor. The billing party will respond within thirty (30) days of receipt of the billed party’s notice of dispute, at which time either (a) the billing party will agree with the claim and will waive payment, or (b) the parties will agree to meet to resolve the dispute within a reasonable period of time. During this process, InfoSpace does NOT have the right to suspend remove the license of or the support for the InfoSpace SoftwareServices (links, content, etc.). The non-prevailing party will be responsible for all reasonable expenses (including attorney fees) incurred by the prevailing party in any action brought for the collection of past due amounts payable under this Agreement.

Appears in 3 contracts

Samples: Wireless Services Agreement (Motricity Inc), Wireless Services Agreement (Motricity Inc), Wireless Services Agreement (Motricity Inc)

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