Common use of Due date for payment Clause in Contracts

Due date for payment. Interest on Past Due Invoices, Remedies for Non- payment, and Procedures for Disputing Charges. For fees and charges other than charges for facilities modification, capacity expansion, and make-ready work, each bill or invoice submitted by SWBT to Applicant shall state the date that payment is due, which date shall be not less than 60 days after the date of the bill or invoice. Applicant will pay each such bill or invoice on or before the stated due date. For facilities modification, capacity expansion, and make-ready work, the payment due date shall be not less than 30 days after the date of the bill or invoice. (a) Interest on past due bills and invoices shall accrue at the rate of 12% per annum, or the maximum rate allowed by law, whichever is less. (b) Applicant’s failure to pay SWBT’s fees and charges shall be grounds for terminating this Agreement and licenses subject to this Agreement. (c) If Applicant fails to pay, when due, any fees or charges billed to Applicant under this Agreement, and any portion of such fees or charges remains unpaid more that 15 calendar days after the due date, SWBT may send Applicant a written notice advising Applicant that this Agreement, or specified licenses subject to this Agreement, may be terminated if such fees or charges are not paid within 15 calendar days after the date of the notice. Applicant must remit to SWBT all such unpaid fees or charges, whether disputed or undisputed, within 15 days after the date of the notice. If Applicant pays disputed fees under protest, and it is later determined that such fees or any portion thereof should be refunded, the portion of fees to be refunded shall be refunded with interest at the rate of 12% per annum or the maximum rate allowed by law, whichever is less. (d) Applicant may dispute any fees or charges billed by SWBT to Applicant under this Agreement by invoking the dispute resolution procedures set forth in Article 30 of this Agreement. (e) If Applicant does not dispute such fees or charges and any portion of such undisputed fees or charges remains unpaid 30 calendar days after the date of the notice, SWBT may, to the extent permitted by the Pole Attachment Act and applicable rules, regulations, and commission orders, terminate this Agreement and licenses subject to this Agreement, suspend the processing of pending applications for access to SWBT’s poles, ducts, conduits, and rights-of-way located in this State, and refuse to accept further applications for access until such undisputed fees or charges, together with accrued interest thereon, have been paid in full.

Due date for payment. Interest on Past Due Invoices, Remedies for Non- payment, and Procedures for Disputing Charges. For fees and charges other than charges for facilities modification, capacity expansion, and make-ready work, each bill or invoice submitted by SWBT to Applicant shall state the date that payment is due, which date shall be not less than 60 days after the date of the bill or invoice. Applicant will pay each such bill or invoice on or before the stated due date. For facilities modification, capacity expansion, and make-ready work, the payment due date shall be not less than 30 days after the date of the bill or invoice. (a) Interest on past due bills and invoices shall accrue at the rate of 12% per annum, or the maximum rate allowed by law, whichever is less. (b) Applicant’s failure to pay SWBT’s fees and charges shall be grounds for terminating this Agreement and licenses subject to this Agreement. (c) If Applicant fails to pay, when due, any fees or charges billed to Applicant under this Agreement, and any portion of such fees or charges remains unpaid more that 15 calendar days after the due date, SWBT may send Applicant a written notice advising Applicant that this Agreement, or specified licenses subject to this Agreement, may be terminated if such fees or charges are not paid within 15 calendar days after the date of the notice. Applicant must remit to SWBT all such unpaid fees or charges, whether disputed or undisputed, within 15 days after the date of the notice. If Applicant pays disputed fees under protest, and it is later determined that such fees or any portion thereof should be refunded, the portion of fees to be refunded shall be refunded with interest at the rate of 12% per annum or the maximum rate allowed by law, whichever is less. (d) Applicant may dispute any fees or charges billed by SWBT to Applicant under this Agreement by invoking the dispute resolution procedures set forth in Article 30 of this Agreement. (e) If Applicant does not dispute such fees or charges and any portion of such undisputed fees or charges remains unpaid 30 calendar days after the date of the notice, SWBT may, to the extent permitted by the Pole Attachment Act and applicable rules, regulations, and commission orders, terminate this Agreement and licenses subject to this Agreement, suspend the processing of pending applications for access to SWBT’s poles, ducts, conduits, and rights-rights- of-way located in this State, and refuse to accept further applications for access until such undisputed fees or charges, together with accrued interest thereon, have been paid in full.

Due date for payment. Interest on Past Due Invoices, Remedies for Non- payment, and Procedures for Disputing Charges. For fees and charges other than charges for facilities modification, capacity expansion, and make-ready work, each bill ▇▇▇▇ or invoice submitted by SWBT to Applicant shall state the date that payment is due, which date shall be not less than 60 days after the date of the bill ▇▇▇▇ or invoice. Applicant will pay each such bill ▇▇▇▇ or invoice on or before the stated due date. For facilities modification, capacity expansion, and make-ready work, the payment due date shall be not less than 30 days after the date of the bill ▇▇▇▇ or invoice. (a) Interest on past due bills and invoices shall accrue at the rate of 12% per annum, or the maximum rate allowed by law, whichever is less. (b) Applicant’s failure to pay SWBT’s fees and charges shall be grounds for terminating this Agreement and licenses subject to this Agreement. (c) If Applicant fails to pay, when due, any fees or charges billed to Applicant under this Agreement, and any portion of such fees or charges remains unpaid more that 15 calendar days after the due date, SWBT may send Applicant a written notice advising Applicant that this Agreement, or specified licenses subject to this Agreement, may be terminated if such fees or charges are not paid within 15 calendar days after the date of the notice. Applicant must remit to SWBT all such unpaid fees or charges, whether disputed or undisputed, within 15 days after the date of the notice. If Applicant pays disputed fees under protest, and it is later determined that such fees or any portion thereof should be refunded, the portion of fees to be refunded shall be refunded with interest at the rate of 12% per annum or the maximum rate allowed by law, whichever is less. (d) Applicant may dispute any fees or charges billed by SWBT to Applicant under this Agreement by invoking the dispute resolution procedures set forth in Article 30 of this Agreement. (e) If Applicant does not dispute such fees or charges and any portion of such undisputed fees or charges remains unpaid 30 calendar days after the date of the notice, SWBT may, to the extent permitted by the Pole Attachment Act and applicable rules, regulations, and commission orders, terminate this Agreement and licenses subject to this Agreement, suspend the processing of pending applications for access to SWBT’s poles, ducts, conduits, and rights-rights- of-way located in this State, and refuse to accept further applications for access until such undisputed fees or charges, together with accrued interest thereon, have been paid in full.

Due date for payment. Interest on Past Due Invoices, Remedies for Non- payment, and Procedures for Disputing Charges. For fees and charges other than charges for facilities modification, capacity expansion, and make-ready work, each bill ▇▇▇▇ or invoice submitted by SWBT to Applicant shall state the date that payment is due, which date shall be not less than 60 days after the date of the bill ▇▇▇▇ or invoice. Applicant will pay each such bill ▇▇▇▇ or invoice on or before the stated due date. For facilities modification, capacity expansion, and make-ready work, the payment due date shall be not less than 30 days after the date of the bill ▇▇▇▇ or invoice. (a) Interest on past due bills and invoices shall accrue at the rate of 12% per annum, or the maximum rate allowed by law, whichever is less. (b) Applicant’s failure to pay SWBT’s fees and charges shall be grounds for terminating this Agreement and licenses subject to this Agreement. (c) If Applicant fails to pay, when due, any fees or charges billed to Applicant under this Agreement, and any portion of such fees or charges remains unpaid more that 15 calendar days after the due date, SWBT may send Applicant a written notice advising Applicant that this Agreement, or specified licenses subject to this Agreement, may be terminated if such fees or charges are not paid within 15 calendar days after the date of the notice. Applicant must remit to SWBT all such unpaid fees or charges, whether disputed or undisputed, within 15 days after the date of the notice. If Applicant pays disputed fees under protest, and it is later determined that such fees or any portion thereof should be refunded, the portion of fees to be refunded shall be refunded with interest at the rate of 12% per annum or the maximum rate allowed by law, whichever is less. (d) Applicant may dispute any fees or charges billed by SWBT to Applicant under this Agreement by invoking the dispute resolution procedures set forth in Article 30 of this Agreement. (e) If Applicant does not dispute such fees or charges and any portion of such undisputed fees or charges remains unpaid 30 calendar days after the date of the notice, SWBT may, to the extent permitted by the Pole Attachment Act and applicable rules, regulations, and commission orders, terminate this Agreement and licenses subject to this Agreement, suspend the processing of pending applications for access to SWBT’s poles, ducts, conduits, and rights-of-way located in this State, and refuse to accept further applications for access until such undisputed fees or charges, together with accrued interest thereon, have been paid in full.

Due date for payment. Interest on Past Due Invoices10.1 Subject to clause 10.3, Remedies for Non- paymentwhere a Tax Assessment in respect of which the Buyer is entitled to a payment under this Deed requires the Buyer or a Group Company to make a payment in respect of a Liability to Taxation, and Procedures for Disputing Charges. For fees and charges other than charges for facilities modification, capacity expansion, and make-ready work, each bill or invoice submitted by SWBT the Seller shall pay to Applicant shall state the date Buyer the amount claimed in respect of that payment is due, which date shall be not less than 60 days after the date of the bill or invoice. Applicant will pay each such bill or invoice Tax Assessment under this Deed on or before the stated date which is the later of the date five Business Days after formal written demand is made by the Buyer and the fifth Business Day prior to the last date on which the Taxation in question may be paid to the Taxation Authority demanding the same without incurring interest or penalties for late payment. 10.2 Subject to clause 10.3, where the sum due date. For facilities modificationby the Seller under this Deed relates to the utilisation, capacity expansionloss, and makeunavailability, reduction or set-ready workoff of a Buyer’s Relief other than a repayment of Tax, the due date for payment under this Deed shall be the later of the date five Business Days after formal written demand is made by the Buyer and the fifth Business Day prior to the last date on which Taxation would have been payable (assuming sufficient profits were available) but for the utilisation, loss, unavailability, reduction or set-off of the Buyer’s Relief may be paid to the Taxation Authority demanding the same without incurring interest or penalties for late payment. 10.3 Where the sum due by the Seller under this Deed relates to the utilisation, loss, unavailability, reduction or set-off of a Buyer’s Relief that constitutes a right to repayment of Tax, the due date for payment under this Deed shall be the later of the date five Business Days after formal written demand is made by the Buyer and the date on which the repayment could otherwise be obtained. 10.4 Where the liability of the Seller under this Deed relates to any liability of the Company to make a payment of or in connection with Group Relief, the due date for payment under this Deed shall be three Business Days before the date on which the Company is liable to make payment. 10.5 Where the due date of payment of any other liability of the Seller or the Buyer is not otherwise provided for in this clause 10, the due date shall be not less five Business Days from the date on which notice is given of a determinable amount under this Deed. 10.6 If the Seller requests in accordance with clause 9.1 that the relevant Tax Assessment should be appealed or resisted, the date for payment by the Seller shall be, if later than 30 days the relevant dates in clause 10.1 or 10.2 (as the case may be), five Business Days after the date when the amount of Taxation which is payable, or, in the case of a claim under clause 2.3, which would have been payable but for the utilisation of the bill Buyer’s Relief, is finally determined. For this purpose, an amount of Taxation shall be deemed to be finally determined when, in respect of such amount, an agreement under section 54 of the Taxes Management ▇▇▇ ▇▇▇▇ or invoiceany legislative provision corresponding to that section for the purposes of the relevant tax is made or a decision of a court or tribunal is given from which either no appeal lies or in respect of which no appeal is made within the prescribed time limit. 10.7 In the case of a claim under clause 2.3 (a) Interest costs and expenses), the due date for payment under this Deed shall be the later of the date on past due bills which the costs and invoices shall accrue at expenses are actually incurred by the rate of 12% per annum, or Group Company concerned and the maximum rate allowed by law, whichever date on which the Seller is lessobliged to make the payment which has given rise to the claim under clause 2.3. (b) Applicant’s failure 10.8 If any amount required to pay SWBT’s fees and charges shall be grounds for terminating paid by the Seller under this Agreement and licenses subject to this Agreement. (c) If Applicant fails to pay, Deed is not paid when it is due, any fees or charges billed to Applicant under this Agreement, and any portion of such fees or charges remains unpaid more that 15 calendar days after the due date, SWBT may send Applicant a written notice advising Applicant that this Agreement, or specified licenses subject to this Agreement, may be terminated if such fees or charges are not paid within 15 calendar days after the date of the notice. Applicant must remit to SWBT all such unpaid fees or charges, whether disputed or undisputed, within 15 days after the date of the notice. If Applicant pays disputed fees under protest, and it is later determined that such fees or any portion thereof should be refunded, the portion of fees to be refunded amount shall be refunded with bear interest at the rate of 12% three per cent (3%) per annum or over the maximum base lending rate allowed by lawof the Bank of Scotland plc from time to time, whichever is less. (d) Applicant may dispute any fees or charges billed by SWBT calculated on a daily basis for the period from the relevant due date for payment up to Applicant under this Agreement by invoking the dispute resolution procedures set forth in Article 30 of this Agreement. (e) If Applicant does not dispute such fees or charges and any portion of such undisputed fees or charges remains unpaid 30 calendar days after including the date of the noticeactual payment, SWBT may, to the extent permitted by the Pole Attachment Act and applicable rules, regulations, and commission orders, terminate this Agreement and licenses subject to this Agreement, suspend the processing of pending applications for access to SWBT’s poles, ducts, conduits, and rights-of-way located in this State, and refuse to accept further applications for access until such undisputed fees or charges, together with accrued interest thereon, have been paid in fullas well after as before any judgment.

Due date for payment. Interest on Past Due Invoices11.1 Where a Liability to Taxation to which this Deed applies involves the Purchaser or the relevant Group Company being placed under a liability to make a payment or increased payment of Taxation (including, Remedies for Non- paymentwithout limitation, and Procedures for Disputing Charges. For fees and charges other than charges for facilities modificationany case where a payment under this Deed itself results in further Taxation becoming due), capacity expansion, and make-ready work, each bill the Sellers shall pay to the Purchaser (or invoice submitted the relevant Group Company) in cleared funds the amount claimed in respect of that Liability to Taxation under this Deed or any further amount which the Sellers are liable to pay by SWBT to Applicant shall state the date that payment is due, which date shall be not less than 60 days after the date virtue of the bill or invoice. Applicant will pay each such bill or invoice clause 6 on or before the stated due date. For facilities modificationdate which is the later of the date five (5) Business Days after demand is made by the Purchaser and the second Business Day prior to the date on which the Taxation in question is payable to the Tax Authority demanding the same. 11.2 Where a Claim for Taxation to which this Deed applies involves the reduction, capacity expansion, and make-ready worknullification or cancellation of a right to a repayment of Taxation, the payment Sellers shall pay to the Purchaser (or the relevant Group Company) the amount claimed under this Deed in respect of that Claim for Taxation on or before the date which is the later of the date five (5) Business Days after demand is made by the Purchaser and, in the case of a reduced repayment, the date such reduced repayment is received, or in the case of a nullified or canceled repayment the date when such repayment would have been due were it not for its nullification or cancellation (which latter date for the purposes of this Deed shall, where no due date shall for repayment is specified by any applicable legislation, be not less than 30 days deemed to be the date fifteen (15) Business Days after the date on which the relevant claim for repayment has been made or, if no such claim was required, the date fifteen Business Days after the date on which all the relevant facts giving rise to the repayment were provided or available to the Tax Authority concerned). 11.3 Where a Claim for Taxation to which this Deed applies involves the loss, deduction or set off of any Relief, the Sellers shall pay to the Purchaser (or the relevant Group Company) the amount claimed under this Deed in respect of that Claim for Taxation on or before the date whichever is the later of the bill date five (5) Business Days after demand is made by the Purchaser or invoice.the Group Company concerned, as the case may be, and: (a) Interest on past due bills and invoices shall accrue at in a case where such Relief is deducted from or in computing or is set off against Profits or Taxation, the rate of 12% per annum, or date when the maximum rate allowed by law, whichever is less.Taxation saved as a result would otherwise have been payable to the Taxation Authority demanding the same; and (b) Applicant’s failure in a case where a Group Company loses (in whole or in part) such Relief, the date when the Taxation (for which the Group Company would be liable as a result of such loss) would be payable to pay SWBT’s fees and charges the Tax Authority demanding the same on the assumption that such Taxation would be payable in respect of the earliest period for which the relevant Relief would have been available. For this purpose, any actual Claim for Taxation which results from the loss of the Relief shall be grounds for terminating this Agreement and licenses subject to this Agreementdisregarded. (c) If Applicant fails to pay, when due, any fees or charges billed to Applicant 11.4 Where an amount is claimed under this AgreementDeed by virtue of the provisions of sub-clause 3.4, the Sellers shall pay to the Purchaser the amount claimed under the said sub-clause on or before the date whichever is the later of five (5) Business Days after demand is made by the Purchaser and any portion of such fees the fifth Business Day prior to the date on which an amount is repaid to the person demanding the same in the circumstances described in sub-clause 3.4. 11.5 Where an amount is claimed under sub-clause 3.6 the Sellers shall pay to the Purchaser or charges remains unpaid more that 15 calendar days the relevant Group Company the amount claimed on or before the date which is five (5) Business Days after demand is made for the due date, SWBT may send Applicant a written notice advising Applicant that this Agreement, or specified licenses subject to this Agreement, may be terminated if such fees or charges are same. 11.6 Any sums not paid within 15 calendar days after by the Sellers on the date specified in sub-clauses 11.1 to 11.5 for payment of the notice. Applicant must remit same (the "Due Date") shall bear interest (which shall accrue from day to SWBT all such unpaid fees or charges, whether disputed or undisputed, within 15 days day after as well as before any judgment for the date of same) from the notice. If Applicant pays disputed fees under protest, and it is later determined that such fees or any portion thereof should be refunded, the portion of fees to be refunded shall be refunded with interest Due Date at the rate of 12% per annum of the base rate of National Westminster Bank plc applicable from time to time (or in, the absence of such rate at such similar rate as the Purchaser shall select) plus four percent to and including the day of actual payment of such sums, such interest to be compounded quarterly. Such interest shall be paid on the demand of the Purchaser or the maximum rate allowed by law, whichever is less. (d) Applicant may dispute any fees or charges billed by SWBT to Applicant under this Agreement by invoking the dispute resolution procedures set forth in Article 30 of this Agreement. (e) If Applicant does not dispute such fees or charges and any portion of such undisputed fees or charges remains unpaid 30 calendar days after the date of the notice, SWBT may, to the extent permitted by the Pole Attachment Act and applicable rules, regulations, and commission orders, terminate this Agreement and licenses subject to this Agreement, suspend the processing of pending applications for access to SWBT’s poles, ducts, conduits, and rights-of-way located in this State, and refuse to accept further applications for access until such undisputed fees or charges, together with accrued interest thereon, have been paid in full.relevant Group Company concerned. 117

Due date for payment. Interest on Past Due Invoices, Remedies for Non- payment, Non-payment and Procedures for Disputing Charges. For fees and charges other than charges for facilities modification, capacity expansion, and make-ready work, each bill or ▇▇ invoice submitted by SWBT to Applicant shall state the date that payment is due, which date shall be not less than 60 days after the date of the bill or ▇▇ invoice. Applicant will pay each such bill or ▇▇ invoice on or before the stated due date. For facilities modification, capacity expansion, and make-ready work, the payment due date shall be not less than 30 days after the date of the bill or ▇▇ invoice. (a) Interest on past due bills and invoices shall accrue at the rate of 12% per annum, or the maximum rate allowed by law, whichever is less. (b) Applicant’s 's failure to pay SWBT’s 's fees and charges shall be grounds for terminating this Agreement and licenses subject to this Agreement. (c) If Applicant fails to pay, when due, any fees or charges billed to Applicant under this Agreement, and any portion of such fees or charges remains unpaid more that 15 calendar days after the due date, SWBT may send Applicant a written notice advising Applicant that this Agreement, or specified licenses subject to this Agreement, may be terminated if such fees or charges are not paid within 15 calendar days after the date of the notice. Applicant must remit to SWBT all such unpaid fees or charges, whether disputed or undisputed, within 15 days after the date of the notice. If Applicant pays disputed fees under protest, and it is later determined that such fees or any portion thereof should be refunded, the portion of fees to be refunded shall be refunded with interest at the rate of 12% per annum or the maximum rate allowed by law, whichever is less. (d) Applicant may dispute any fees or charges billed by SWBT to Applicant under this Agreement by invoking the dispute resolution procedures set forth in Article 30 of this Agreement. (e) If Applicant does not dispute such fees or charges and any portion of such undisputed fees or charges remains unpaid 30 calendar days after the date of the notice, SWBT may, to the extent permitted by the Pole Attachment Act and applicable rules, regulations, and commission orders, terminate this Agreement and licenses subject to this Agreement, suspend the processing of pending applications for access to SWBT’s 's poles, ducts, conduits, and rights-of-way located in this State, and refuse to accept further applications for access until such undisputed fees or charges, together with accrued interest thereon, have been paid in full.

Due date for payment. Interest on Past Due InvoicesSubject to this Agreement, Remedies for Non- ARENA must make payment of a correctly rendered invoice within 30 days after receiving the invoice. If an invoice is found to have been rendered incorrectly after payment, any underpayment or overpayment will be recoverable by or from the Recipient, as the case may be. The Recipient must pay: all stamp duty (including penalties and Procedures interest) assessed or payable in respect of this Agreement and the Activity; and subject to clause 17, all taxes, duties and government charges imposed or levied in Australia or overseas in connection with the performance of this Agreement. Claims for Disputing Chargespayment On each of the due dates specified in item 3 of Schedule 4, the Recipient must submit to ARENA a claim for payment of the relevant instalment of the funding (Payment Claim). For fees A Payment Claim submitted under clause 16.1(a) must: be in the form approved by ARENA from time to time; include a certificate signed and charges dated by the Recipient’s Chief Executive Officer, Chief Financial Officer or a person authorised by the Recipient to execute documents and legally bind the Recipient by their execution, verifying that each of the Payment Criteria for the relevant instalment have been met by that date; and be accompanied by any supporting documentation and other than charges evidence specified in item 3 of Schedule 4 for facilities modificationthat instalment. Within 30 days after receiving a Payment Claim, capacity expansionARENA will: approve the Payment Claim, if ARENA considers that the Recipient has met all applicable Payment Criteria, and make-ready workthe Payment Claim otherwise conforms with clause 16.1; reject the Payment Claim, each bill if ARENA considers that the Recipient has not satisfactorily met all applicable Payment Criteria, or invoice the Payment Claim does not conform with clause 16.1; or seek further supporting evidence or information from the Recipient so that ARENA may either approve or reject the Payment Claim under clause 16.2(a)(i) or 16.2(a)(ii). If ARENA seeks further evidence or information under clause 16.2(a)(iii), the Recipient must provide the additional evidence or information within 14 days after ARENA’s request. On receipt of the evidence or information, ARENA will continue to assess the Payment Claim in accordance with this clause 16.2 as if the Payment Claim had first been submitted by SWBT to Applicant shall state ARENA on the date that payment is due, which date shall be not less than 60 days after ARENA received the date of the bill further evidence or invoiceinformation. Applicant will pay each such bill or invoice on or before the stated due date. For facilities modification, capacity expansion, and make-ready workIf ARENA approves a Payment Claim under clause 16.2(a)(i), the payment due Recipient must provide a correctly rendered invoice to ARENA in accordance with the requirements specified in clause 17.4 and Schedule 4 and the relevant instalment will become payable by ARENA in accordance with clause 15. If ARENA rejects a Payment Claim under clause 16.2(a)(ii), the parties will seek to negotiate in good faith a new date shall be not less than for the Recipient to re-submit the Payment Claim. If the parties fail to reach agreement within 30 days after the date Payment Claim is rejected (or such further period as ARENA allows), the Recipient may not re-submit the Payment Claim and ARENA may reduce the Total Funds by the amount of the bill or invoice. (a) Interest on past due bills and invoices shall accrue at the rate of 12% per annum, or the maximum rate allowed by law, whichever is less. (b) Applicant’s failure to pay SWBT’s fees and charges shall be grounds for terminating this Agreement and licenses subject to this Agreement. (c) If Applicant fails to pay, when due, any fees or charges billed to Applicant under this Agreement, and any portion of such fees or charges remains unpaid more that 15 calendar days after the due date, SWBT may send Applicant a written notice advising Applicant that this Agreement, or specified licenses subject to this Agreement, may be terminated if such fees or charges are not paid within 15 calendar days after the date of the noticerelevant instalment. Applicant must remit to SWBT all such unpaid fees or charges, whether disputed or undisputed, within 15 days after the date of the notice. If Applicant pays disputed fees under protest, and it is later determined that such fees or any portion thereof should be refunded, the portion of fees to be refunded shall be refunded with interest at the rate of 12% per annum or the maximum rate allowed by law, whichever is less. (d) Applicant may dispute any fees or charges billed by SWBT to Applicant under this Agreement by invoking the dispute resolution procedures set forth in Article 30 of this Agreement. (e) If Applicant does not dispute such fees or charges and any portion of such undisputed fees or charges remains unpaid 30 calendar days after the date of the notice, SWBT may, to the extent permitted by the Pole Attachment Act and applicable rules, regulations, and commission orders, terminate this Agreement and licenses subject to this Agreement, suspend the processing of pending applications for access to SWBT’s poles, ducts, conduits, and rights-of-way located in this State, and refuse to accept further applications for access until such undisputed fees or charges, together with accrued interest thereon, have been paid in full.GST

Due date for payment. Interest on Past Due Invoices, Remedies for Non- Non-payment, and Procedures for Disputing Charges. For fees and charges other than charges for facilities modification, capacity expansion, and make-ready work, each bill or invoice submitted by SWBT to Applicant shall state the date that payment is due, which date shall be not less than 60 days after the date of the bill or invoice. Applicant will pay each such bill or invoice on or before the stated due date. For facilities modification, capacity expansion, and make-ready work, the payment due date shall be not less than 30 days after the date of the bill or invoice. (a) 19.11.1 Interest on past due bills and invoices shall accrue at the rate of 1218% per annum, or the maximum rate allowed by law, whichever is less. (b) 19.11.2 Applicant’s failure to pay SWBTNEVADA’s fees and charges shall be grounds for terminating this Agreement and licenses permit subject to this Agreement. (c) 19.11.3 If Applicant fails to pay, when due, any fees or charges billed to Applicant under this Agreement, and any portion of such fees or charges remains unpaid more that 15 calendar days after the due date, SWBT NEVADA may send Applicant a written notice advising Applicant that this Agreement, or specified licenses permits subject to this Agreement, may be terminated if such fees or charges are not paid within 15 calendar days after the date of the notice. Applicant must remit to SWBT NEVADA all such unpaid fees or charges, whether disputed or undisputed, within 15 days after the date of the notice. If Applicant pays disputed fees under protest, and it is later determined that such fees or any portion thereof should be refunded, the portion of fees to be refunded shall be refunded with interest at the rate of 12% per annum or the maximum rate allowed by law, whichever is less. (d) 19.11.4 Applicant may dispute any fees or charges billed by SWBT NEVADA to Applicant under this Agreement by invoking the dispute resolution procedures set forth in Article 30 of this Agreement. (e) 19.11.5 If Applicant does not dispute such fees or charges and any portion of such undisputed fees or charges remains unpaid 30 calendar days after the date of the notice, SWBT NEVADA may, to the extent permitted by the Pole Attachment Act and applicable rules, regulations, and commission orders, terminate this Agreement and licenses permits subject to this Agreement, suspend the processing of pending applications for access to SWBTNEVADA’s poles, ducts, conduits, and rights-of-way located in this State, and refuse to accept further applications for access until such undisputed fees or charges, together with accrued interest thereon, have been paid in full.