Common use of Application of Fees Clause in Contracts

Application of Fees. Hilton may apply any payments received under this Section 6 to any amounts due under this Agreement. If any amounts are not paid when due under this Section 6 or any other section herein, such nonpayment will constitute a material breach of this Agreement and, in addition, such unpaid amounts will accrue a service charge beginning on the first day of the month following the due date of such payment, at the rate of 1% per month or the maximum amount permitted by applicable law, whichever is less. Should Hilton hire counsel to collect any amounts properly due and not paid when due under this Agreement, including any service charges, Resorts will pay Hilton’s reasonable attorneys’ fees.