Default for Nonpayment Clause Samples

Default for Nonpayment. Nonpayment of any amount due under this Agreement beyond sixty (60) days shall constitute a default of this Agreement.

Default for Nonpayment. Nonpayment of any undisputed amount due under this Agreement beyond ninety (90) days shall constitute a material default of this Agreement. In the event of a billing dispute between the District and the Licensee, District will continue to provide service under this Agreement as long as the Licensee continues to make all payments not in dispute. The Licensee shall file and Appeal as provided in the Applicable Standards – Joint Use Rules and Regulations, and the parties shall work in good faith to resolve the dispute in a timely manner.

Default for Nonpayment. 3.1 If Park County fails to pay the West Slope Charge within the period allowed by Denver Water’s normal collection procedures, Denver Water will send a written notice to the River District. 3.2 The River District will send written notice to Park County, with a copy to Denver Water, of breach of contract for failure to pay the West Slope Charge. The notice of breach shall include a reasonable period during which Park County may cure the breach. 3.3 The River District will undertake such measures as it deems necessary to collect the unpaid West Slope Charge. 3.4 If other efforts fail and the River District deems it necessary, the River District will send a notice of proposed suspension of water delivery to Park County and a notice of default to Denver Water requesting that Denver Water suspend delivery of water to begin on a proposed date of suspension, which shall be no less than 10 days following the date of the notice. 3.5 If payment is not received prior to the end of the noticed period, Denver Water agrees to suspend deliveries of water as requested by the River District, until such time as the West Slope Charge is paid and the River District requests Denver Water to resume deliveries. 3.6 Denver Water will not suspend deliveries of water to Park County unless the written notice of default includes a certification from the River District that it will take full responsibility for any damages to Park County resulting from suspension of service requested by River District that is later determined to be unlawful or to be invalid by reason of an error committed by the River District, and to hold Denver Water harmless for any such damages and costs incurred by Denver Water, if any, in defending itself. The River District will assume no responsibility for an error committed by Denver Water. Dated this 31st day of January, 2017. Colorado River Water Conservation District By: ▇▇▇ ▇▇▇▇▇, President By: ▇▇▇▇▇ ▇▇▇▇▇▇▇, General Counsel City and County of Denver acting by and through its Board of Water Commissioners By: Chief Planning Officer Approved as to form: By: Office of General Counsel REGISTERED AND COUNTERSIGNED: CITY AND COUNTY OF DENVER By: ▇▇▇▇▇▇▇ ▇. ▇’▇▇▇▇▇, CPA Auditor The terms and conditions of this West Slope Charge Agreement are approved and accepted by Park County this date of By: ▇▇▇▇ ▇▇▇▇▇▇▇ Chairman, Board of County Commissioners

Default for Nonpayment. If Customer is in default for nonpayment, Customer will be deemed in material breach and ▇▇▇▇▇.▇▇ may immediately suspend all Software license keys issued or otherwise made available to Customer and suspend Services until outstanding payments are received by ▇▇▇▇▇.▇▇ and/or charge Customer interest at the lower of 1.5% per month, compounded, or the maximum amount allowed by law, as applied against the past due amounts since the initial invoice due date through the date payment is received. Moreover, Customer will be responsible to pay collection costs and expenses (including reasonable attorneys’ fees) incurred by ▇▇▇▇▇.▇▇ and such costs will immediately become due and payable to ▇▇▇▇▇.▇▇. Further, and without limiting the foregoing, Customer may reinstate suspended Software license keys and Services by paying to ▇▇▇▇▇.▇▇, within fourteen (14) days from the suspension commencement date (“Reinstatement Period”), a reinstatement fee of $250.00 plus all outstanding amounts due as of the suspension effective date. Customer’s failure to pay the reinstatement fee and outstanding amounts due within the Reinstatement Period will be deemed a termination notice by Customer, and ▇▇▇▇▇.▇▇ will have the right to terminate this LSA without further notice. Customer acknowledges any payment returned unpaid, rejected, or denied, ▇▇▇▇▇.▇▇ reserves the right to collect any applicable return item, rejection, or insufficient funds fee to the maximum extent permitted by law and to process any such fees as an Electronic Payment or invoice Customer for the amount due, as applicable.

Default for Nonpayment. Nonpayment of any amount due under this Agreement beyond ninety (90) days following written notice to Licensee shall constitute a material default of this Agreement.

Default for Nonpayment. Nonpayment of any undisputed amount due under this Agreement beyond ninety (90) calendar days shall constitute a material default of this Agreement. Failure to pay or otherwise resolve a dispute within six (6) months of the date of Licensee’s notice of dispute to the Town pursuant to Paragraph 3.6 above regarding any amounts invoiced under this Agreement shall constitute a material default of this Agreement by Licensee.

Default for Nonpayment. (a) Nonpayment of any undisputed amount due under this Agreement beyond ninety (90) calendar days shall constitute a material default of the license. (b) Should an amount be disputed by Licensee, the nature of the dispute will be presented to the City at the time payment would be due, absent the dispute. The parties will meet within seven days to resolve the dispute. If the pai1ies cannot resolve the dispute within that time, the pm1ies will engage the services of a qualified mediator. The costs of the mediator shall be shared equally by the parties. If following mediation the parties cannot resolve the dispute, the City may take whatever legal action it deems appropriate to recover the amount it believes due.

Default for Nonpayment. Nonpayment of any undisputed amount due under this Agreement beyond ninety (90) days shall constitute a material default of this Agreement. If an amount is disputed in good faith by either Party, it shall not form the basis for a declaration of material default until the disputed is resolved.

Default for Nonpayment. Nonpayment of any amount due under this Agreement beyond ninety (90) calendar days shall constitute a material default of this Agreement.