Common use of Access Fee Clause in Contracts

Access Fee. In the event that a member district does not participate in Cooperative services as they indicated on their February 1 participation notification form, such member district shall pay to the Cooperative an access fee which shall be determined by the Board of Directors in its sole discretion. The Board of Directors shall determine such fee so as to defray all cost increases incurred by the Cooperative and the participating member districts as a result of the change of participation by such member district in services. In the event that the non-participating member district fails to pay the assessed access fee, the Board of Directors is authorized to initiate such judicial or other proceedings as it may determine necessary to affect compliance. Such actions may include seeking the specific performance of the nonparticipating member district and/or an award of monetary damages in the amount of the access fee, which shall be considered liquidated damages for purposes of any such action. In addition to the foregoing, the Cooperative shall be entitled to full reimbursement from the nonparticipating member district of all attorney's fees and costs incurred to affect compliance with this provision.

Access Fee. In the event that a member district does not participate in Cooperative services programs as they indicated on their the member district’s February 1 participation notification form, such member district shall pay to the Cooperative an access fee which shall be determined by the Board of Directors in its sole discretion. The Board of Directors shall determine such fee so as to defray all cost increases incurred by the Cooperative and the participating member districts as a result of the change of participation by such member district in servicesprograms. In the event that the non-participating member district fails to pay the assessed access fee, the Board of Directors is authorized to initiate such judicial or other proceedings as it may determine necessary to affect compliance. Such actions may include seeking the specific performance of the nonparticipating member district and/or an award of monetary damages in the amount of the access fee, which shall be considered liquidated damages for purposes of any such action. In addition to the foregoing, the Cooperative shall be entitled to full reimbursement from the nonparticipating member district of all attorney's fees and costs incurred to affect compliance with this provision.

Access Fee. In the event that a member district does not participate in Cooperative services programs as they indicated on their February 1 participation notification form, such member district shall pay to the Cooperative an access fee which shall be determined by the Board of Directors in its sole discretion. The Board of Directors shall determine such fee so as to defray all cost increases incurred by the Cooperative and the participating member districts as a result of the change of participation by such member district in servicesprograms. In the event that the non-participating member district fails to pay the assessed access fee, the Board of Directors is authorized to initiate such judicial or other proceedings as it may determine necessary to affect compliance. Such actions may include seeking the specific performance of the nonparticipating member district and/or an award of monetary damages in the amount of the access fee, which shall be considered considered, liquidated damages for purposes of any such action. In addition to the foregoing, the Cooperative shall be entitled to full reimbursement from the nonparticipating member district of all attorney's fees and costs incurred to affect compliance with this provision.

Access Fee. In the event that a member district does not participate in Cooperative services as they indicated on their the member district’s February 1 participation notification form, such member district shall pay to the Cooperative an access fee which shall be determined by the Board of Directors in its sole discretion. The Board of Directors shall determine such fee so as to defray all cost increases incurred by the Cooperative and the participating member districts as a result of the change of participation by such member district in services. In the event that the non-participating member district fails to pay the assessed access fee, the Board of Directors is authorized to initiate such judicial or other proceedings as it may determine necessary to affect compliance. Such actions may include seeking the specific performance of the nonparticipating member district and/or an award of monetary damages in the amount of the access fee, which shall be considered liquidated damages for purposes of any such action. In addition to the foregoing, the Cooperative shall be entitled to full reimbursement from the nonparticipating member district of all attorney's fees and costs incurred to affect compliance with this provision.