Failure to Make Timely Payments. Without waiving any other right available to the Authority, in the event of default of Company's payment of any rents, fees, charges, and/or payments due and payable in accordance with the terms of this Agreement within twenty (20) days after same shall become due and payable, Authority reserves the right to charge Company interest thereon, from the date such rents, fees and charges became due until the date payment is received by the Authority, at the maximum interest rate then authorized by law, or twelve percent (12%) per annum, whichever is less.
Failure to Make Timely Payments. Producer shall make payment of the initial compensation to the Performer no later than ten (10) business days after the applicable session, unless otherwise negotiated in the Performer’s individual contract. Producer shall pay a $10 per day per performer late payment charge, excluding Saturdays, Sundays and holidays, from the time payment becomes due (excluding bona fide emergencies of which the Union has been given prompt notice), for a period not to exceed twenty (20) days, excluding Saturdays, Sundays and holidays, to a maximum of $200.00 per violation. If Producer fails to make payment within five (5) days following written notice from the Union or the performer of the delinquency, additional late payment charges in the amount of $2.50 per day retroactive to the date of Producer’s receipt of the notice of non-payment shall accrue without limitation until the delinquent payment, together with all late payment charges, is fully paid. The late payment charges shall be in addition to all other remedies which the Union may have against Producer under the contract. No late payment shall be due to any performer who fails to provide the Producer with completed forms and documentation required for employment and/or payment (i.e., I-9s, vouchers, W-4s, or start paperwork indicating the correct name, address, Social Security Number, or tax identification number (for loan-outs) of the performer), provided that the Producer supplies the forms to the performer and makes reasonable efforts to collect those forms by notifying the performer that the forms are incomplete or missing. If Producer materially breaches its obligations under this Agreement to timely pay compensation owed to Performers, including all payments required under the Trust Agreements, SAG-AFTRA reserves the right, which it may exercise at any time upon written notice to the Producer, to withhold the services of the Performers on the Production, except when a bona fide dispute exists as to whether Producer has made all payments as required under this Agreement and Producer has placed the amount in controversy in escrow in a manner acceptable to SAG-AFTRA pending arbitration of the dispute in accordance with the applicable provisions of this Agreement.
Failure to Make Timely Payments. Tenant hereby acknowledges that the late payment of Percentage Rent during the Interim Phase, Concession Space Rent and Marketing Fund Fee or any other sums due hereunder will cause County to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, administrative processing of delinquent notices, increased accounting costs, lost interest income and other professional services. Accordingly, if any payment of Percentage Rent during Interim Phase, Concession Space Rent, and Marketing Fund Fee as specified in Section 4.06 in this Lease, or of any other sum due County is not received by County by the due date, a late charge of one and one-half percent (1.5%) of the payment due shall be added to any amount that remains unpaid after such amount was due and payable hereunder; provided, however, with regard to the first such failure in any twelve (12) DocuSign Envelope ID: 3D69B7F0-C0A2-48D7-BAEA-EC290E626401 month period beginning at DBO through Accounting Year and every Accounting Year thereafter, such late charge shall be waived to the extent tenant cures such failure. The unpaid shall be added to the payment, and the total sum shall become immediately due and payable to County. An additional charge of one and one-half percent (1.5%) of said payment, excluding late charges, shall be added for each additional month that said payment remains unpaid. Tenant and County hereby agree that such late charges represent a fair and reasonable estimate of the costs that County will incur by reason of Tenant’s late payment. Acceptance of such late charges (and/or any portion of the overdue payment) by County shall in no event constitute a waiver of Tenant’s default with respect to such overdue payment or prevent County from exercising any of the other rights and remedies granted hereunder. The failure of County to act in the event of a delinquent payment or series of payments shall in no way waive the right of County to act at a subsequent time. County expects all rents, fees, and charges to be paid on time and Xxxxxx agrees to pay on time. Notwithstanding other provisions of this Lease, and without limiting the other provisions of this Lease concerning, among other things, events deemed to constitute default of Tenant, County may, in County’s reasonably exercised discretion, terminate this Lease upon written notice to Tenant if there are recurring instances in which Xxxxxx’s p...
Failure to Make Timely Payments. Immediately upon Concessionaire's receipt of monies from sales, services, or doing business under this Agreement, the percentages of said monies belonging to City per this Agreement shall immediately vest in and become the property of City. Concessionaire understands, accepts, and agrees to be responsible as a trustee for said monies until the same are delivered to City. Concessionaire also covenants to pay all compensation, damages, charges, and fees under this Agreement independent of any obligation of City. No breach of this Agreement by City shall relieve Concessionaire of its obligation and duty to pay all such obligations when due. Without waiving any other right or action available to City, in the event Concessionaire is delinquent in the payment of rents, fees, or charges hereunder or rightly due and owing by an audit of Concessionaire’s books and records as provided in Section 5.10, and in the event Concessionaire is delinquent in paying to City any such rents, fees, or charges for a period of five (5) business days after the payment is due, City reserves the right to charge Concessionaire interest thereon, from the date such rents, fees, or charges became due to the date of payment, at the Federal Reserve Bank of New York prime rate in effect on the date the rents, fees, or charges became due plus four percent (FRBNY prime +4%) or 18% per annum, whichever is greater, to the maximum extent permitted by law. In the event of a dispute as to the amount to be paid, City shall accept the sum tendered without prejudice and, if a deficiency is determined to exist, interest shall apply only to the deficiency. The right of City to require payment of interest and the obligation of the Concessionaire to pay same shall be in addition to and not in lieu of the right of City to enforce other provisions herein, including termination of this Agreement, and to pursue other remedies provided by law. The failure of City to take action in the event of a delinquent payment or series of payments shall in no way waive the right of City to take action at a subsequent time. City expects all rents, fees and charges to be paid on time and Concessionaire agrees to pay on time. Further, any endorsements or statements on a check or letter accompanying such payment for compensation or other charges shall not be deemed an accord and satisfaction or otherwise recognized for any purpose whatsoever. Notwithstanding other provisions of this Agreement, and without limiting the othe...
Failure to Make Timely Payments. CoActiv acknowledges that failure to timely pay any payment under this Agreement shall be a breach of this Agreement. Failure by CoActiv to cure after ten days written notice to CoActiv from the Commissioner shall be cause for the Commissioner to summarily revoke any license(s) currently held by CoActiv, and/or deny any pending application(s) of CoActiv, its successors and assigns, by whatever names they might be known. CoActiv hereby waives any notice and hearing rights to contest such revocation(s) and/or denial(s) which may be afforded under the CFLL, the California Administrative Procedure Act, the California Code of Civil Procedure, or any other provision of law in connection therewith as same may pertain to this matter.
Failure to Make Timely Payments. Xxxx Financial acknowledges that failure to timely pay any payment under this Agreement shall be a breach of this Agreement. Failure by Xxxx Financial to cure after ten days written notice to Xxxx Financial from the Commissioner shall be cause for the Commissioner to summarily revoke any license(s) currently held by Xxxx Financial, and/or deny any pending application(s) of Xxxx Financial, its successors and assigns, by whatever names they might be known. Xxxx Financial hereby waives any notice and hearing rights to contest such revocation(s) and/or denial(s) which may be afforded under the CRMLA, the California Administrative Procedure Act, the California Code of Civil Procedure, or any other provision of law in connection therewith as the same may pertain to this matter.
Failure to Make Timely Payments. In the event the Customer fails to make a payment on the due date for said applicable payment, the days of delay in making such payment shall be deemed a day for day Customer requested postponement of FOIA CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO CERTAIN INFORMATION IN THIS AGREEMENT. THIS INFORMATION HAS BEEN REDACTED AND DENOTED BY ASTERISKS [***]. COPIES OF THE EXHIBIT CONTAINING THE REDACTED PORTIONS HAVE BEEN FILED SEPARATELY WITH THE COMMISSION SUBJECT TO A REQUEST FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 24B-2 UNDER THE SECURITIES EXCHANGE ACT. the Launch Schedule in accordance with Paragraph 7.1.1 above and may result in the resequencing of the Customer’s Launch, unless waived by the Contractor in writing. [***]. The provisions of this paragraph do not in any manner waive or otherwise affect Contractor’s right to terminate under Paragraph 18.3 or Contractor’s right to interest for late payments under Paragraph 5.6.
Failure to Make Timely Payments. If the Buyer fails to deliver any payment as set forth in Sections 2.4, 2.5, or 2.6, within one hundred twenty (120) days of an Earnout Payment Due Date, Incentive Payment Due Date or Ajinomoto Payment Due Date, as applicable, the Buyer shall issue to the Sellers an aggregate amount of Buyer Common Stock equal to (a) the amount of the Earnout Payment, Incentive Payment or Ajinomoto Payment due to the Sellers on the Earnout Payment Due Date, Incentive Payment Due Date or Ajinomoto Payment Due Date, as applicable, divided by (b) the average closing price of Buyer Common Stock on the NASDAQ Global Market or any other exchange on which Buyer Common Stock is publicly traded for the ten (10) trading days immediately preceding the Earnout Payment Due Date, Incentive Payment Due Date or Ajinomoto Payment Due Date, as applicable. To the extent any such Buyer Common Stock is issued to the Sellers in accordance with the terms of this Section 2.8, the Sellers shall have the registration rights set forth on Exhibit 2.8 attached hereto with respect to such Buyer Common Stock. Notwithstanding the foregoing, the Buyer shall, prior to the issuance of any Buyer Common Stock, obtain the prior approval of its stockholders if in the opinion of the Buyer such approval is legally required, including any requirement of an exchange on which Buyer Common Stock is listed; provided that in the event of any inability of the Buyer to obtain such approval, the parties agree that Buyer shall nonetheless be obligated to pay any payments set forth in Sections 2.4, 2.5, or 2.6, plus interest on the unpaid amount accruing at the greater of (i) ten percent (10%) per annum or (ii) the then-prevailing Prime Rate plus five percent (5%) per annum. If the amount of any such payment is the subject of a dispute pursuant to Section 2.7, the Buyer’s obligation to issue Buyer Common Stock to the Sellers shall not be triggered until one hundred twenty (120) days following the Disputed Payment Due Date. Any Buyer Common Stock delivered to the Sellers pursuant to this Section 2.8 shall be distributed among the Sellers according to their Percentage Interests.
Failure to Make Timely Payments. (a) In the event that (A) WMT fails to pay an Installment or make an Earn-out Payment (each an "Outstanding Obligation" and collectively, the "Outstanding Obligations") on the applicable Due Date, and (B) reasonably believes it does not have sufficient working capital to pay such Outstanding Obligations, and (C) after using all reasonable efforts cannot obtain the funds necessary to pay any such Outstanding Obligations, WMT shall execute and deliver to each Stockholder to whom such Outstanding Obligation is owed the following:
Failure to Make Timely Payments. In the event that (A) WMT fails to ------------------------------- pay an Installment or make an Earn-out Payment (each an "Outstanding Obligation" and collectively, the "Outstanding Obligations") on the applicable Due Date, and (B) reasonably believes it does not have sufficient working capital CONFIDENTIAL TREATMENT to pay such Outstanding Obligations, and (C) after using all reasonable efforts cannot obtain the funds necessary to pay any such Outstanding Obligations, WMT shall execute and deliver to each Stockholder to whom such Outstanding Obligation is owed on the applicable Due Date with respect to each such Outstanding Obligation, a subordinated promissory note, in substantially the form of EXHIBIT J hereto, in the principal amount of the Outstanding Obligation then owed (each, a "Promissory Note"). Such Promissory Note shall bear simple interest from the applicable Due Date at a rate per annum equal to eighteen percent (18%) or the maximum rate allowable by applicable law, whichever is less (the "Default Rate"). Such Promissory Note shall have a term of six (6) months from the applicable Due Date, with accrued interest due and payable monthly. To the extent the Promissory Note has not been paid in full when due, and conditioned upon payment of all accrued interest on such Promissory Note at such time, the Promissory Note shall automatically renew for additional six (6) month periods with accrued interest due (and such renewal being conditioned upon payment of such interest) monthly. In the event that WMT subsequently obtains sufficient working capital or is able to obtain the financing necessary to pay such obligations, WMT shall pay such portion of the amount due under the Promissory Note as is reasonably possible under the circumstances."
