Common use of Billing and Payment Terms Clause in Contracts

Billing and Payment Terms. (a) For each country in which a Party provides Services to a recipient located in the same country: (i) such providing Party shall invoice the Party receiving such Services on a monthly or quarterly basis (such invoice to set forth a description of the Services provided and reasonable documentation to support the charges thereon) for all Services that such providing Party delivered during the preceding month or quarter, as applicable, denominated in the local currency of such country, (ii) each such invoice shall be payable within sixty (60) days after such receiving Party’s receipt of the invoice and (iii) payment of such invoices shall be made by such receiving Party to such providing Party in the local currency of the applicable country. Any Service for which the foregoing process does not apply shall be invoiced by the Party providing such Service to the Party receiving such Service in accordance with the foregoing timetable and in U.S. Dollars, and shall be paid by the Party receiving such Services in accordance with the foregoing timetable and in U.S. Dollars. (b) If any undisputed invoice or undisputed portion of an invoice is not paid in full within sixty (60) days after the date of the invoice, interest shall accrue on the unpaid amount at the annual rate equal to the U.S. “Prime Rate” as reported on the thirtieth day after the date of the invoice in The Wall Street Journal (or, if such day is not a Business Day, the first Business Day immediately after such day), calculated on the basis of a year of three hundred sixty (360) days and the actual number of days elapsed between the end of the sixty (60) day period and the actual payment date. (c) A Party may dispute any or all charges for ninety (90) days after the receipt of the applicable invoice. If a Party disputes any charges, the Parties shall work together in good faith to resolve such dispute in accordance with Section 11.14. If the resolution of such a dispute is that a Party owes an amount of money to the other Party, the Party that owes money shall add a credit of such owed amount to the next invoice that such Party prepares as a Service provider, provided, that if no further such invoices are due, the Party owing such amount shall pay it to the other Party within sixty (60) days following resolution of the dispute. A failure by a Party to dispute a charge within ninety (90) days after receipt of invoice shall not waive such Party’s audit and collection rights under Section 5.5. (d) The Parties acknowledge that there may be a lag in the submission of charges from third parties relating to the provision of Services, and that the Party providing Services through such third parties shall use commercially reasonable efforts to obtain such third party invoices, and to provide same to the other Party, in a timely fashion. (e) The existence of a dispute pursuant to Section 4.3(c) above shall not excuse either Party from any other obligation under this Agreement, including each Party’s obligations to continue to provide Services hereunder.

Appears in 3 contracts

Sources: Master Services Agreement (Bank of Chile), Master Services Agreement (Bank of Chile), Master Services Agreement (Bank of Chile)

Billing and Payment Terms. (a) For each country in which a Party provides Services to a recipient located in the same country: (i) such providing Party B/E shall invoice the Party receiving such Services KLX on a monthly basis for any Fees, costs or quarterly basis other amounts payable pursuant to this Agreement. (such b) Each invoice delivered pursuant to Section 5.2(a) shall set forth a brief description of the IT Services provided and the Migration Assistance provided, and, with respect to any amounts payable other than Fees pursuant to Section 5.1(a)(i), reasonable documentation to support the charges thereon. (c) for all Services that such providing Party Each invoice delivered during the preceding month or quarter, as applicable, denominated in the local currency of such country, (ii) each such invoice pursuant to this Section 5.2 shall be payable within sixty (60) 30 days after such receiving Party’s receipt the date of the invoice and invoice. (iiid) payment Payment of such all invoices provided hereunder shall be made by such receiving Party to such providing Party in the local currency of the applicable country. Any Service for which the foregoing process does not apply shall be invoiced United States dollars unless otherwise mutually agreed upon by the Party providing such Service to the Party receiving such Service in accordance with the foregoing timetable and in U.S. Dollars, and shall be paid by the Party receiving such Services in accordance with the foregoing timetable and in U.S. DollarsParties. (be) If any undisputed invoice or undisputed portion of an invoice delivered pursuant to (and in compliance with) this Section 5.2 is not paid in full within sixty thirty (6030) days after the date of the invoice, interest shall accrue on the unpaid amount at the annual rate equal to the U.S. “Prime Rate” as reported on the thirtieth (30th) day after the date of the invoice in The Wall Street Journal (or, if such day is not a Business Daybusiness day, the first Business Day business day immediately after such day), calculated on the basis of a year of three hundred and sixty (360) days and the actual number of days elapsed between the end of the sixty thirty (60) day 30)-day payment period and the actual payment date. (cf) A Party may dispute If there is an Agreement Dispute between the Parties regarding the amounts shown as billed to KLX on any or all charges for ninety (90) days after invoice, B/E shall, upon the receipt written request of KLX, furnish to KLX additional documentation reasonably necessary to substantiate the amounts billed including, but not limited to, listings of the applicable invoice. If a Party disputes any chargesdates, the Parties shall work together in good faith to resolve such dispute in accordance with Section 11.14. If the resolution of such a dispute is that a Party owes an amount of money to the other Party, the Party that owes money shall add a credit of such owed amount to the next invoice that such Party prepares as a Service provider, provided, that if no further such invoices are due, the Party owing such amount shall pay it to the other Party within sixty (60) days following resolution times and amounts of the dispute. A failure by a Party to dispute a charge within ninety (90) days after receipt of invoice shall not waive such Party’s audit IT Services in question where applicable and collection rights under Section 5.5practicable. (d) The Parties acknowledge that there may be a lag in the submission of charges from third parties relating to the provision of Services, and that the Party providing Services through such third parties shall use commercially reasonable efforts to obtain such third party invoices, and to provide same to the other Party, in a timely fashion. (e) The existence of a dispute pursuant to Section 4.3(c) above shall not excuse either Party from any other obligation under this Agreement, including each Party’s obligations to continue to provide Services hereunder.

Appears in 3 contracts

Sources: It Services Agreement (KLX Inc.), Separation and Distribution Agreement (KLX Inc.), It Services Agreement (KLX Inc.)

Billing and Payment Terms. (a) For each country in which a Party party provides Services to a recipient located in the same country: (i) such providing Party party shall invoice the Party party receiving such Services on a monthly or quarterly basis (such invoice to set forth a description of the Services provided and reasonable documentation to support the charges thereon) for all Services that such providing Party party delivered during the preceding month or quarter, as applicablemonth, denominated in the local currency of such country, (ii) each such invoice shall be payable within sixty (60) days after such receiving Partyparty’s receipt of the invoice and (iii) payment of such invoices shall be made by such receiving Party party to such providing Party party in the local currency of the applicable country. Any Service for which the foregoing process does not apply shall be invoiced by the Party providing such Service to the Party receiving such Service in accordance with the foregoing timetable and in U.S. Dollars, and shall be paid by the Party receiving such Services in accordance with the foregoing timetable and in U.S. Dollars. (b) If any undisputed invoice or undisputed portion of an invoice is not paid in full within sixty (60) days after the date of the invoice, interest shall accrue on the unpaid amount at the annual rate equal to the U.S. “Prime Rate” as reported on the thirtieth day after the date of the invoice in The Wall Street Journal (or, if such day is not a Business Day, the first Business Day immediately after such day), calculated on the basis of a year of three hundred sixty (360) days and the actual number of days elapsed between the end of the sixty (60) day period and the actual payment date. (c) A Party may dispute any or all charges for ninety (90) days after the receipt of the applicable invoice. If a Party disputes any charges, the Parties shall work together in good faith to resolve such dispute in accordance with Section 11.1411.15. If the resolution of such a dispute is that a Party owes an amount of money to the other Party, the Party that owes money shall add a credit of such owed amount to the next invoice that such Party prepares as a Service provider, provided, that if no further such invoices are due, the Party owing such amount shall pay it to the other Party within sixty (60) days following resolution of the dispute. A failure by a Party to dispute a charge within ninety (90) days after receipt of invoice shall not waive such Party’s audit and collection rights under Section 5.5. (d) The Parties acknowledge that there may be a lag in the submission of charges from third parties relating to the provision of Services, and that the Party providing Services through such third parties shall use commercially reasonable efforts to obtain such third party invoices, and to provide same to the other Party, in a timely fashion. (e) The existence of a dispute pursuant to Section 4.3(c4.4(c) above shall not excuse either Party from any other obligation under this Agreement, including each Party’s obligations to continue to provide Services hereunder.

Appears in 3 contracts

Sources: Transition Services Agreement (Legg Mason Inc), Capital Markets Transition Services Agreement (Legg Mason Inc), Private Client Transition Services Agreement (Legg Mason Inc)

Billing and Payment Terms. (a) For each country in which a Party provides Services to a recipient located in the same country: (i) such providing Each Party shall invoice the other Party receiving such Services on a monthly basis for any (i) Fees, costs or quarterly basis other amounts payable pursuant to this Agreement; and (such ii) in the case of an invoice delivered by B/E, the Monthly License Fee payable with respect to any Shared Real Property. (b) Each invoice delivered pursuant to Section 5.2(a) shall set forth a brief description of the Transition Services provided and the Migration Assistance provided, and, with respect to any amounts payable other than Fees pursuant to Section 5.1(a)(i) or the Monthly License Fee, reasonable documentation to support the charges thereon. Any invoice delivered by B/E that includes a Monthly License Fee shall include the month of occupancy of each Shared Real Property to which such Monthly License Fee pertains. (c) for all Services that such providing Party Each invoice delivered during the preceding month or quarter, as applicable, denominated in the local currency of such country, (ii) each such invoice pursuant to this Section 5.2 shall be payable within sixty (60) 30 days after such receiving Party’s receipt the date of the invoice and invoice. (iiid) payment Payment of such all invoices provided hereunder shall be made by such receiving Party to such providing Party in the local currency of the applicable country. Any Service for which the foregoing process does not apply shall be invoiced United States dollars unless otherwise mutually agreed upon by the Party providing such Service to the Party receiving such Service in accordance with the foregoing timetable and in U.S. Dollars, and shall be paid by the Party receiving such Services in accordance with the foregoing timetable and in U.S. DollarsParties. (be) If any undisputed invoice or undisputed portion of an invoice delivered pursuant to (and in compliance with) this Section 5.2 is not paid in full within sixty thirty (6030) days after the date of the invoice, interest shall accrue on the unpaid amount at the annual rate equal to the U.S. “Prime Rate” as reported on the thirtieth (30th) day after the date of the invoice in The Wall Street Journal (or, if such day is not a Business Daybusiness day, the first Business Day business day immediately after such day), calculated on the basis of a year of three hundred and sixty (360) days and the actual number of days elapsed between the end of the sixty thirty (60) day 30)-day payment period and the actual payment date. (cf) A Party may dispute any or all charges for ninety (90) days after the receipt of the applicable invoice. If a Party disputes any charges, there is an Agreement Dispute between the Parties shall work together in good faith to resolve such dispute in accordance with Section 11.14. If regarding the resolution of such a dispute is that a Party owes an amount of money amounts shown as billed to the other PartyService Recipient on any invoice, the Party that owes money shall add a credit Provider shall, upon the written request of such owed amount the Party Recipient, furnish to the next invoice that such Party prepares as a Service providerRecipient additional documentation reasonably necessary to substantiate the amounts billed including, providedbut not limited to, that if no further such invoices are due, the Party owing such amount shall pay it to the other Party within sixty (60) days following resolution listings of the dispute. A failure by a Party to dispute a charge within ninety (90) days after receipt dates, times and amounts of invoice shall not waive such Party’s audit the Transition Services in question where applicable and collection rights under Section 5.5practicable. (d) The Parties acknowledge that there may be a lag in the submission of charges from third parties relating to the provision of Services, and that the Party providing Services through such third parties shall use commercially reasonable efforts to obtain such third party invoices, and to provide same to the other Party, in a timely fashion. (e) The existence of a dispute pursuant to Section 4.3(c) above shall not excuse either Party from any other obligation under this Agreement, including each Party’s obligations to continue to provide Services hereunder.

Appears in 2 contracts

Sources: Separation and Distribution Agreement (KLX Inc.), Transition Services Agreement (KLX Inc.)

Billing and Payment Terms. (a) For each country in which a Party provides Services to a recipient located in the same country: (i) such providing Party shall invoice the Party receiving such Services on a monthly or quarterly basis (such invoice to set forth a description of the Services provided and reasonable documentation to support the charges thereon) for all Services that such providing Party delivered during the preceding month or quarter, as applicablemonth, denominated in the local currency of such country, (ii) each such invoice shall be payable within sixty (60) days after such receiving Party’s receipt of the invoice and (iii) payment of such invoices shall be made by such receiving Party to such providing Party in the local currency of the applicable country. Any Service for which the foregoing process does not apply shall be invoiced by the Party providing such Service to the Party receiving such Service in accordance with the foregoing timetable and in U.S. Dollars, and shall be paid by the Party receiving such Services in accordance with the foregoing timetable and in U.S. Dollars. (b) If any undisputed invoice or undisputed portion of an invoice is not paid in full within sixty (60) days after the date of the invoice, interest shall accrue on the unpaid amount at the annual rate equal to the U.S. “Prime Rate” as reported on the thirtieth day after the date of the invoice in The Wall Street Journal (or, if such day is not a Business Day, the first Business Day immediately after such day), calculated on the basis of a year of three hundred sixty (360) days and the actual number of days elapsed between the end of the sixty (60) day period and the actual payment date. (c) A Party may dispute any or all charges for ninety (90) days after the receipt of the applicable invoice. If a Party disputes any charges, the Parties shall work together in good faith to resolve such dispute in accordance with Section 11.14. If the resolution of such a dispute is that a Party owes an amount of money to the other Party, the Party that owes money shall add a credit of such owed amount to the next invoice that such Party prepares as a Service provider, provided, that if no further such invoices are due, the Party owing such amount shall pay it to the other Party within sixty (60) days following resolution of the dispute. A failure by a Party to dispute a charge within ninety (90) days after receipt of invoice shall not waive such Party’s audit and collection rights under Section 5.5. (d) The Parties acknowledge that there may be a lag in the submission of charges from third parties relating to the provision of Services, and that the Party providing Services through such third parties shall use commercially reasonable efforts to obtain such third party invoices, and to provide same to the other Party, in a timely fashion. (e) The existence of a dispute pursuant to Section 4.3(c) above shall not excuse either Party from any other obligation under this Agreement, including each Party’s obligations to continue to provide Services hereunder.

Appears in 1 contract

Sources: Master Services Agreement (Bank of Chile)

Billing and Payment Terms. (a) For each country in which a Party provides Services to a recipient located in the same country: (i) such providing Each Party shall invoice the other Party receiving such Services on a monthly basis for any (i) Fees, costs or quarterly basis other amounts payable pursuant to this Agreement; and (such ii) in the case of an invoice delivered by B/E, the Monthly License Fee payable with respect to any Shared Real Property. (b) Each invoice delivered pursuant to Section 5.2(a) shall set forth a brief description of the Transition Services provided and the Migration Assistance provided, and, with respect to any amounts payable other than Fees pursuant to Section 5.1 (a)(i) or the Monthly License Fee, reasonable documentation to support the charges thereon. Any invoice delivered by B/E that includes a Monthly License Fee shall include the month of occupancy of each Shared Real Property to which such Monthly License Fee pertains. (c) for all Services that such providing Party Each invoice delivered during the preceding month or quarter, as applicable, denominated in the local currency of such country, (ii) each such invoice pursuant to this Section 5.2 shall be payable within sixty (60) 30 days after such receiving Party’s receipt the date of the invoice and invoice. (iiid) payment Payment of such all invoices provided hereunder shall be made by such receiving Party to such providing Party in the local currency of the applicable country. Any Service for which the foregoing process does not apply shall be invoiced United States dollars unless otherwise mutually agreed upon by the Party providing such Service to the Party receiving such Service in accordance with the foregoing timetable and in U.S. Dollars, and shall be paid by the Party receiving such Services in accordance with the foregoing timetable and in U.S. DollarsParties. (be) If any undisputed invoice or undisputed portion of an invoice delivered pursuant to (and in compliance with) this Section 5.2 is not paid in full within sixty thirty (6030) days after the date of the invoice, interest shall accrue on the unpaid amount at the annual rate equal to the U.S. “Prime Rate” as reported on the thirtieth (30th) day after the date of the invoice in The Wall Street Journal (or, if such day is not a Business Daybusiness day, the first Business Day business day immediately after such day), calculated on the basis of a year of three hundred and sixty (360) days and the actual number of days elapsed between the end of the sixty thirty (60) day 30)-day payment period and the actual payment date. (cf) A Party may dispute any or all charges for ninety (90) days after the receipt of the applicable invoice. If a Party disputes any charges, there is an Agreement Dispute between the Parties shall work together in good faith to resolve such dispute in accordance with Section 11.14. If regarding the resolution of such a dispute is that a Party owes an amount of money amounts shown as billed to the other PartyService Recipient on any invoice, the Party that owes money shall add a credit Provider shall, upon the written request of such owed amount the Party Recipient, furnish to the next invoice that such Party prepares as a Service providerRecipient additional documentation reasonably necessary to substantiate the amounts billed including, providedbut not limited to, that if no further such invoices are due, the Party owing such amount shall pay it to the other Party within sixty (60) days following resolution listings of the dispute. A failure by a Party to dispute a charge within ninety (90) days after receipt dates, times and amounts of invoice shall not waive such Party’s audit the Transition Services in question where applicable and collection rights under Section 5.5practicable. (d) The Parties acknowledge that there may be a lag in the submission of charges from third parties relating to the provision of Services, and that the Party providing Services through such third parties shall use commercially reasonable efforts to obtain such third party invoices, and to provide same to the other Party, in a timely fashion. (e) The existence of a dispute pursuant to Section 4.3(c) above shall not excuse either Party from any other obligation under this Agreement, including each Party’s obligations to continue to provide Services hereunder.

Appears in 1 contract

Sources: Transition Services Agreement (KLX Inc.)

Billing and Payment Terms. (a) For each country The Parties under this Agreement or a Services Agreement (or, if applicable, their respective Affiliates) agree to pay the applicable payee Party, or if such payee Party so directs, an Affiliate of such payee Party, in which a Party provides Services to a recipient located accordance with, and subject to, the billing and payment terms set forth in the same country: (i) such providing Party shall invoice the Party receiving this Agreement or such Services Agreement, as applicable. The Parties agree that payments will be billed in advance on a monthly or quarterly basis (such invoice to schedule, as set forth a description in this Section 1.8(a), unless otherwise agreed to in writing by the Parties. The initial invoices under this Agreement or the applicable Services Agreements will be delivered by each payee Party to each payor Party on July 1, 2013 and will be due and payable by the payor Party July 15, 2013. Thereafter, on the fifteenth (15th) of each month following the Effective Date, or the effective date of an applicable Services provided and reasonable documentation Agreement, each payee Party to support the charges thereon) for all this Agreement or such Services that such providing Party delivered during the preceding month or quarterAgreement, as applicable, denominated in shall provide each applicable payor Party to this Agreement or such Services Agreement, as applicable, with invoices detailing the local currency charges for all amounts due by such payor Party to such payee Party under this Agreement or such Services Agreement, as applicable, (where practicable, the Parties shall provide a single invoice that includes the amounts due under all Services Agreements) and each Party shall pay such invoices by the fifteenth (15th) day of each month following the receipt of such countryinvoice. Except as set forth in any Exhibit or agreed in writing by the Parties, the Parties shall net each monthly invoice against each other and the Party with the outstanding payment balance shall pay or cause to be paid any amounts owed as a result of such netting. Amounts not paid in accordance with this Section 1.8(a) within thirty (ii30) each days after receipt of such invoice shall be payable within sixty accumulate interest at a rate per annum equal to the then applicable Prime Rate plus four percent (604%) days after (or the maximum legal rate, whichever is lower) (such receiving Party’s receipt rate being referred to herein as the “Interest Rate”). Upon the termination of the Services, the payee Party will invoice and (iii) payment of such invoices shall be made by such receiving the payor Party to such providing Party in for Services incurred or other applicable charges since the local currency of the applicable country. Any Service for which the foregoing process does not apply shall be invoiced by the Party providing such Service to the Party receiving such Service last invoice in accordance with the foregoing timetable terms and conditions set forth in U.S. Dollars, and shall be paid by this Agreement or the Party receiving such applicable Services in accordance with the foregoing timetable and in U.S. DollarsAgreement. (b) If Each applicable payor Party shall promptly notify the applicable payee Party in writing of any undisputed invoice or undisputed portion amounts billed to it that are in dispute; provided, that no such dispute and notice shall relieve such payor Party from paying, nor may such payor Party withhold, any amounts owed to the payee Party pursuant to Section 1.8(a); except that the payor Party may withhold payments for third party pass-through charges, solely to the extent permitted by the applicable third-party agreement, upon notice to the payee Party (similarly, the payee Party shall continue to perform its obligations that are in dispute (including the provision of an invoice is Services), pursuant to Section 9.7). Upon receipt of such notice, the applicable payee Party will research the items in question in a reasonably prompt manner and cooperate to resolve any differences with such payor Party. In the event that the relevant Parties mutually agree that any amount that was paid by such payor Party was not paid in full within sixty properly owed, the payee Party will refund that amount plus interest (60) days after accumulating from the original due date of the invoice, interest shall accrue on the unpaid for such amount at the annual rate equal Interest Rate) to the U.S. “Prime Rate” as reported on the thirtieth day after the date of the invoice in The Wall Street Journal (or, if such day is not a Business Day, the first Business Day immediately after such day), calculated on the basis of a year of three hundred sixty (360) days and the actual number of days elapsed between the end of the sixty (60) day period and the actual payment date. (c) A Party may dispute any or all charges for ninety (90) days after the receipt of the applicable invoice. If a Party disputes any charges, the Parties shall work together in good faith to resolve such dispute in accordance with Section 11.14. If the resolution of such a dispute is that a Party owes an amount of money to the other Party, the Party that owes money shall add a credit of such owed amount to the next invoice that such Party prepares as a Service provider, provided, that if no further such invoices are due, the Party owing such amount shall pay it to the other payor Party within sixty thirty (60) days following resolution of the dispute. A failure by a Party to dispute a charge within ninety (9030) days after receipt of such notice (or, alternatively, the payee Party may deduct the dollar amount from the next invoice submitted to such payor Party). In the event agreement is not reached by the relevant Parties within thirty (30) days after receipt of the notice referred to above, the matter shall not waive such Party’s audit and collection rights under be referred to resolution in accordance with Section 5.59.7. (d) The Parties acknowledge that there may be a lag in the submission of charges from third parties relating to the provision of Services, and that the Party providing Services through such third parties shall use commercially reasonable efforts to obtain such third party invoices, and to provide same to the other Party, in a timely fashion. (e) The existence of a dispute pursuant to Section 4.3(c) above shall not excuse either Party from any other obligation under this Agreement, including each Party’s obligations to continue to provide Services hereunder.

Appears in 1 contract

Sources: Transition Services Agreement (New Newscorp LLC)

Billing and Payment Terms. (a) For Each payor Party under a Services Agreement (or, if applicable, its Affiliate) agrees to pay each country payee Party, or if such payee Party so directs, an Affiliate of such payee Party, in which accordance with, and subject to, the billing and payment terms set forth in such Services Agreement. On the first of each month following the effective date of a Services Agreement each payee Party provides to such Services Agreement shall provide each applicable payor Party to such Services Agreement with one invoice detailing the charges for all amounts due by such payor Party to such payee Party under all Services Agreements entered into among such Parties and each Party shall pay such invoices within thirty (30) days after receipt of such invoice. Amounts not paid in accordance with this Section 1.12(a) within thirty (30) days after receipt of such invoice shall accumulate interest at a rate per annum equal to the then applicable Prime Rate plus four percent (4%) (or the maximum legal rate, whichever is lower) (such rate being referred to herein as the “Interest Rate”). In addition, each payor Party to a recipient located Services Agreement agrees that in the same country: event (i) such providing Party shall invoice the Party receiving such it does not pay amounts owed pursuant to a Services on a monthly or quarterly basis (such invoice to set forth a description of the Services provided Agreement in accordance with this Section 1.12 and reasonable documentation to support the charges thereon) for all Services that such providing Party delivered during the preceding month or quarter, as applicable, denominated in the local currency of such country, (ii) each such invoice payor Party is entitled to proceeds from a Cendant Contingent Asset (as such term is defined in the Separation Agreement), then at the request (and in the sole discretion) of the payee Party such payor Party shall be payable within sixty (60) days after instruct the Party responsible for remitting the proceeds from such receiving Cendant Contingent Asset to remit all or a portion of such payor Party’s receipt share of such proceeds to the payee Party in an amount up to the amount in default. Upon the termination of the Services, the payee Party will invoice and (iii) payment of such invoices shall be made by such receiving the payor Party to such providing Party in for Services incurred or other applicable charges since the local currency of the applicable country. Any Service for which the foregoing process does not apply shall be invoiced by the Party providing such Service to the Party receiving such Service last invoice in accordance with the foregoing timetable terms and conditions set forth in U.S. Dollars, and shall be paid by the Party receiving such applicable Services in accordance with the foregoing timetable and in U.S. DollarsAgreement. (b) If In the event a payor Party to a Services Agreement does not pay any undisputed invoice sum, or undisputed portion of an invoice is not paid any part thereof, in full within sixty accordance with Section 1.10(a), the payee Party to such Services Agreement shall, effective thirty (6030) days after following the date delivery of the invoicewritten notice to such payor Party of such payment default, have no further obligation pursuant to this Agreement to provide Services to such payor Party until such unpaid balance plus all accrued interest shall accrue on the unpaid amount at the annual rate equal to the U.S. “Prime Rate” as reported on the thirtieth day after the date of the invoice in The Wall Street Journal (or, if such day is not a Business Day, the first Business Day immediately after such day), calculated on the basis of a year of three hundred sixty (360) days and the actual number of days elapsed between the end of the sixty (60) day period and the actual payment dateapplicable Interest Rate shall have been paid. (c) A Each applicable payor Party may dispute any or all charges for ninety (90) days after the receipt of shall promptly notify the applicable invoice. If a payee Party disputes in writing of any charges, the Parties shall work together amounts billed to it that are in good faith to resolve such dispute in accordance with Section 11.14. If the resolution of such a dispute is that a Party owes an amount of money to the other Party, the Party that owes money shall add a credit of such owed amount to the next invoice that such Party prepares as a Service provider, dispute; provided, that if no further such invoices are duedispute and notice shall relieve such payor Party from paying, nor may such payor Party withhold, any amounts owed to the payee Party pursuant to Section 1.12(a). Upon receipt of such notice, the applicable payee Party owing will research the items in question in a reasonably prompt manner and cooperate to resolve any differences with such payor Party. In the event that the relevant Parties mutually agree that any amount shall pay it that was paid by such payor Party was not properly owed, the payee Party will refund that amount plus Interest (accumulating from the original due date for such amount) to the other such payor Party within sixty thirty (60) days following resolution of the dispute. A failure by a Party to dispute a charge within ninety (9030) days after receipt of such notice (or, alternatively, the payee Party may deduct the dollar amount from the next invoice submitted to such payor Party). In the event agreement is not reached by the relevant Parties within thirty (30) days after receipt of the notice referred to above, the matter shall not waive such Party’s audit and collection rights under be referred to resolution in accordance with Section 5.510.7. (d) The Parties acknowledge that there may be a lag in the submission of charges from third parties relating to the provision of Services, and that the Party providing Services through such third parties shall use commercially reasonable efforts to obtain such third party invoices, and to provide same to the other Party, in a timely fashion. (e) The existence of a dispute pursuant to Section 4.3(c) above shall not excuse either Party from any other obligation under this Agreement, including each Party’s obligations to continue to provide Services hereunder.

Appears in 1 contract

Sources: Transition Services Agreement (Realogy Corp)

Billing and Payment Terms. (a) For each country in which a Party provides Services to a recipient located in the same country: (i) such providing Party shall invoice the Party receiving such Services on a monthly or quarterly basis (such invoice to set forth a description of the Services provided and reasonable documentation to support the charges thereon) for all Services that such providing Party delivered during the preceding month or quarter, as applicablemonth, denominated in the local currency of such country, (ii) each such invoice shall be payable within sixty (60) days after such receiving Party’s receipt of the invoice and (iii) payment of such invoices shall be made by such receiving Party to such providing Party in the local currency of the applicable country. Any Service for which the foregoing process does not apply shall be invoiced by the Party providing such Service to the Party receiving such Service in accordance with the foregoing timetable and in U.S. Dollars, and shall be paid by the Party receiving such Services in accordance with the foregoing timetable and in U.S. Dollars. (b) If any undisputed invoice or undisputed portion of an invoice is not paid in full within sixty (60) days after the date of the invoice, interest shall accrue on the unpaid amount at the annual rate equal to the U.S. “Prime Rate” as reported on the thirtieth day after the date of the invoice in The Wall Street Journal (or, if such day is not a Business Day, the first Business Day immediately after such day), calculated on the basis of a year of three hundred sixty (360) days and the actual number of days elapsed between the end of the sixty (60) day period and the actual payment date. (c) A Party may dispute any or all charges for ninety (90) days after the receipt of the applicable invoice. If a Party disputes any charges, the Parties shall work together in good faith to resolve such dispute in accordance with Section 11.14. If the resolution of such a dispute is that a Party owes an amount of money to the other Party, the Party that owes money shall add a credit of such owed amount to the next invoice that such Party prepares as a Service provider, provided, that if no further such invoices are due, the Party owing such amount shall pay it to the other Party within sixty (60) days following resolution of the dispute. A failure by a Party to dispute a charge within ninety (90) days after receipt of invoice shall not waive such Party’s audit and collection rights under Section 5.5. (d) The Parties acknowledge that there may be a lag in the submission of charges from third parties relating to the provision of Services, and that the Party providing Services through such third parties shall use commercially reasonable efforts to obtain such third party invoices, and to provide same to the other Party, in a timely fashion. (e) The existence of a dispute pursuant to Section 4.3(c) above shall not excuse either Party from any other obligation under this Agreement, including each Party’s obligations to continue to provide Services hereunder.

Appears in 1 contract

Sources: Master Services Agreement

Billing and Payment Terms. (a) For each country in which a Party provides Services to a recipient located in the same country: (i) such providing Party shall invoice the Party receiving such Services on a monthly or quarterly basis (such invoice to set forth a description of the Services provided and reasonable documentation to support the charges thereon) for all Services that such providing Party delivered during the preceding month or quarter, as applicablemonth, denominated in the local currency of such country, (ii) each such invoice shall be payable within sixty (60) days after such receiving Party’s receipt of the invoice and (iii) payment of such invoices shall be made by such receiving Party to such providing Party in the local currency of the applicable country. Any Service for which the foregoing process does not apply shall be invoiced by the Party providing such Service to the Party receiving such Service in accordance with the foregoing timetable and in U.S. Dollars, and shall be paid by the Party receiving such Services in accordance with the foregoing timetable and in U.S. Dollars; provided, that the Party providing such Service and the Party receiving such Service may mutually agree to provide invoices and make payments in a different currency. (b) If any undisputed invoice or undisputed portion of an invoice is not paid in full within sixty (60) days after the date of the invoice, interest shall accrue on the unpaid amount at the annual rate equal to the U.S. “Prime Rate” as reported in The Wall Street Journal on the thirtieth (30th) day after the date of the invoice in The Wall Street Journal (or, if such day is not a Business Day, the first Business Day immediately after such day), calculated on the basis of a year of three hundred sixty (360) days and the actual number of days elapsed between the end of the sixty (60) day period and the actual payment date. (c) A Party may dispute any or all charges for within ninety (90) days after the receipt of the applicable invoice. If a Party disputes any charges, the Parties shall work together in good faith to resolve such dispute in accordance with Section 11.14. If the resolution of such a dispute is that a Party owes an amount of money to the other Party, the Party that owes money shall add a credit of such owed amount to the next invoice that such Party prepares as a Service provider, provided, that if no further such invoices are due, the Party owing such amount shall pay it to the other Party within sixty (60) days following resolution of the dispute. A failure by a Party to dispute a charge within ninety (90) days after receipt of invoice shall not waive such Party’s audit and collection rights under Section 5.5. (d) The Parties acknowledge that there may be a lag in the submission of charges from third parties relating to the provision of Services, and that the Party providing Services through such third parties shall use commercially reasonable efforts to obtain such third party invoices, and to provide same to the other Party, in a timely fashion. (e) The existence of a dispute pursuant to Section 4.3(c) above shall not excuse either Party from any other obligation under this Agreement, including each Party’s obligations to continue to provide Services hereunder.to

Appears in 1 contract

Sources: Transition Services Agreement (Primerica, Inc.)

Billing and Payment Terms. (a) For each country in which a Party provides Services to a recipient located in the same country: (i) such providing Party shall invoice the Party receiving such Services on a monthly or quarterly basis (such invoice to set forth a description of the Services provided and reasonable documentation to support the charges thereon) for all Services that such providing Party delivered during the preceding month or quarter, as applicablemonth, denominated in the local currency of such country, (ii) each such invoice shall be payable within sixty (60) days after such receiving Party’s receipt of the invoice and (iii) payment of such invoices shall be made by such receiving Party to such providing Party in the local currency of the applicable country. Any Service for which the foregoing process does not apply shall be invoiced by the Party providing such Service to the Party receiving such Service in accordance with the foregoing timetable and in U.S. Dollars, and shall be paid by the Party receiving such Services in accordance with the foregoing timetable and in U.S. Dollars; provided, that the Party providing such Service and the Party receiving such Service may mutually agree to provide invoices and make payments in a different currency. (b) If any undisputed invoice or undisputed portion of an invoice is not paid in full within sixty (60) days after the date of the invoice, interest shall accrue on the unpaid amount at the annual rate equal to the U.S. “Prime Rate” as reported in The Wall Street Journal on the thirtieth (30th) day after the date of the invoice in The Wall Street Journal (or, if such day is not a Business Day, the first Business Day immediately after such day), calculated on the basis of a year of three hundred sixty (360) days and the actual number of days elapsed between the end of the sixty (60) day period and the actual payment date. (c) A Party may dispute any or all charges for within ninety (90) days after the receipt of the applicable invoice. If a Party disputes any charges, the Parties shall work together in good faith to resolve such dispute in accordance with Section 11.14. If the resolution of such a dispute is that a Party owes an amount of money to the other Party, the Party that owes money shall add a credit of such owed amount to the next invoice that such Party prepares as a Service provider, provided, that if no further such invoices are due, the Party owing such amount shall pay it to the other Party within sixty (60) days following resolution of the dispute. A failure by a Party to dispute a charge within ninety (90) days after receipt of invoice shall not waive such Party’s audit and collection rights under Section 5.5.Article V. (d) The Parties acknowledge that there may be a lag in the submission of charges from third parties relating to the provision of Services, and that the Party providing Services through such third parties shall use commercially reasonable efforts to obtain such third third-party invoices, and to provide same to the other Party, in a timely fashion. (e) The existence of a dispute pursuant to Section 4.3(c) above shall not excuse either Party from any other obligation under this Agreement, including each Party’s obligations to continue to provide Services hereunder.

Appears in 1 contract

Sources: Transition Services Agreement (Primerica, Inc.)

Billing and Payment Terms. (a) For each country The Parties under this Agreement or a Services Agreement (or, if applicable, their respective Affiliates) agree to pay the applicable payee Party, or if such payee Party so directs, an Affiliate of such payee Party, in which a Party provides Services to a recipient located accordance with, and subject to, the billing and payment terms set forth in the same country: (i) such providing Party shall invoice the Party receiving this Agreement or such Services Agreement, as applicable. The Parties agree that payments will be billed in advance on a monthly or quarterly basis (such invoice to schedule, as set forth a description in this Section 1.8(a), unless otherwise agreed to in writing by the Parties. The initial invoices under this Agreement or the applicable Services Agreements will be delivered by each payee Party to each payor Party on July 1, 2013 and will be due and payable by the payor Party July 15, 2013. Thereafter, on the fifteenth (15th) of each month following the Effective Date, or the effective date of an applicable Services provided and reasonable documentation Agreement, each payee Party to support the charges thereon) for all this Agreement or such Services that such providing Party delivered during the preceding month or quarterAgreement, as applicable, denominated in shall provide each applicable payor Party to this Agreement or such Services Agreement, as applicable, with invoices detailing the local currency charges for all amounts due by such payor Party to such payee Party under this Agreement or such Services Agreement, as applicable, (where practicable, the Parties shall provide a single invoice that includes the amounts due under all Services Agreements) and each Party shall pay such invoices by the fifteenth (15th) day of each month following the receipt of such countryinvoice. Except as set forth in any Exhibit or agreed in writing by the Parties, the Parties shall net each monthly invoice against each other and the Party with the outstanding payment balance shall pay or cause to be paid any amounts owed as a result of such netting. Amounts not paid in accordance with this Section 1.8(a) within thirty (ii30) each days after receipt of such invoice shall be payable within sixty accumulate interest at a rate per annum equal to the then applicable Prime Rate plus four percent (604%) days after (or the maximum legal rate, whichever is lower) (such receiving Party’s receipt rate being referred to herein as the “Interest Rate”). Unless otherwise set forth in any relevant Exhibit or Services Agreement, upon the termination of the Services, the payee Party will invoice and (iii) payment of such invoices shall be made by such receiving the payor Party to such providing Party in for Services incurred or other applicable charges since the local currency of the applicable country. Any Service for which the foregoing process does not apply shall be invoiced by the Party providing such Service to the Party receiving such Service last invoice in accordance with the foregoing timetable terms and conditions set forth in U.S. Dollars, and shall be paid by this Agreement or the Party receiving such applicable Services in accordance with the foregoing timetable and in U.S. DollarsAgreement. (b) If Each applicable payor Party shall promptly notify the applicable payee Party in writing of any undisputed invoice or undisputed portion amounts billed to it that are in dispute; provided, that no such dispute and notice shall relieve such payor Party from paying, nor may such payor Party withhold, any amounts owed to the payee Party pursuant to Section 1.8(a); except that the payor Party may withhold payments for third party pass-through charges, solely to the extent permitted by the applicable third-party agreement, upon notice to the payee Party (similarly, the payee Party shall continue to perform its obligations that are in dispute (including the provision of an invoice is Services), pursuant to Section 9.7). Upon receipt of such notice, the applicable payee Party will research the items in question in a reasonably prompt manner and cooperate to resolve any differences with such payor Party. In the event that the relevant Parties mutually agree that any amount that was paid by such payor Party was not paid in full within sixty properly owed, the payee Party will refund that amount plus interest (60) days after accumulating from the original due date of the invoice, interest shall accrue on the unpaid for such amount at the annual rate equal Interest Rate) to the U.S. “Prime Rate” as reported on the thirtieth day after the date of the invoice in The Wall Street Journal (or, if such day is not a Business Day, the first Business Day immediately after such day), calculated on the basis of a year of three hundred sixty (360) days and the actual number of days elapsed between the end of the sixty (60) day period and the actual payment date. (c) A Party may dispute any or all charges for ninety (90) days after the receipt of the applicable invoice. If a Party disputes any charges, the Parties shall work together in good faith to resolve such dispute in accordance with Section 11.14. If the resolution of such a dispute is that a Party owes an amount of money to the other Party, the Party that owes money shall add a credit of such owed amount to the next invoice that such Party prepares as a Service provider, provided, that if no further such invoices are due, the Party owing such amount shall pay it to the other payor Party within sixty thirty (60) days following resolution of the dispute. A failure by a Party to dispute a charge within ninety (9030) days after receipt of such notice (or, alternatively, the payee Party may deduct the dollar amount from the next invoice submitted to such payor Party). In the event agreement is not reached by the relevant Parties within thirty (30) days after receipt of the notice referred to above, the matter shall not waive such Party’s audit and collection rights under be referred to resolution in accordance with Section 5.59.7. (d) The Parties acknowledge that there may be a lag in the submission of charges from third parties relating to the provision of Services, and that the Party providing Services through such third parties shall use commercially reasonable efforts to obtain such third party invoices, and to provide same to the other Party, in a timely fashion. (e) The existence of a dispute pursuant to Section 4.3(c) above shall not excuse either Party from any other obligation under this Agreement, including each Party’s obligations to continue to provide Services hereunder.

Appears in 1 contract

Sources: Transition Services Agreement (NEWS Corp)