Common use of INVOICES AND TERMS OF PAYMENT Clause in Contracts

INVOICES AND TERMS OF PAYMENT. (a) Payment for Products, Licensed Materials and Services (including transportation charges and taxes, if applicable) will be billed by Seller when shipped, or as soon thereafter as practicable. Engineering will be billed upon main shipment of Products. If Seller is responsible for installation, the final payment will be invoiced upon Turnover or as soon thereafter as practical. For furnish only orders the final payment will be invoiced upon shipment or as soon as practical thereafter. In either case the payment is due for receipt by Seller within thirty (30) days of the date of the invoice. In the event that Customer enters into a loan agreement with lender (GE Capital) to finance the procurement of the Products, Licensed Materials and Services, under this Agreement, then Seller agrees to accept payment from lender (GE Capital) in satisfaction of Customer's payment obligation hereunder; however, that the Terms of Payment set forth in this Section 1.9 shall be complied in full. (b) For Products, Licensed Materials and Services (including transportation charges and taxes, if applicable) that are not required to be paid in advance Seller will invoice Customer, all amounts due for Products and Licensed Materials upon shipment and all amounts due for Services, upon completion of Services or, in either event, as soon as practical thereafter. Customer shall pay such invoiced amounts for receipt by Lucent within thirty (30) days of the invoice date. Bill ▇▇▇ Hold Products will be invoiced by Seller upon the earlier of (i) completion of assembly at Seller's facility or (ii) upon stocking at Customer's designated location. Such invoice will serve as Seller's notification that Bill ▇▇▇ Hold Products are complete and ready to be Lucent Technologies Proprietary 7 12 released by Customer for final shipment. A sample invoice is provided in Exhibit 1 for informational purposes only. (c) Customer shall pay all amounts due Seller hereunder using Electronic Funds Transfer ("EFT") whether amounts have been invoiced by Seller or are due as advance payments. EFT payments by Customer shall be made to the following account of Seller or such other account as is subsequently designated by Seller in writing and, concurrent with the EFT payment, Customer shall fax a copy of the remittal to Seller's Manager Cash Operations at 770-▇▇▇-▇▇▇▇. Chase Manhattan Bank New York, New York Account Name: Lucent Technologies Inc. ACCT. 910144-9099 ABA 0210▇▇▇▇▇ (▇) If Customer fails to pay any invoiced amount when due, the invoiced amount will be subject to a late payment charge at the rate of one and one half percent (1-1/2%) per month, or portion thereof, of the amount due (but not to exceed the maximum lawful rate). Customer agrees to pay Seller's attorneys' fees and other costs incurred by Seller in the collection of any amounts invoiced hereunder. (e) Customer agrees to review all invoices furnished by Seller hereunder upon receipt and, notify Seller of any billing discrepancies within thirty (30) days of receipt of the applicable invoice. Such inquiries can be directed to Seller in writing or by telephone. Inquiries shall be made to the telephone number or, if in writing, to the address identified on the invoice.

INVOICES AND TERMS OF PAYMENT. (a) Payment for Products, Licensed Materials and Services (including transportation charges and taxes, if applicable) will be billed by Seller when shipped, or as soon thereafter as practicabledue net 30 from the date of Seller's invoice. Engineering will be billed upon main shipment of Products. If For orders which Seller is Lucent Technologies Proprietary Use Pursuant to Company Instructions * INDICATES CONFIDENTIAL TREATMENT REQUESTED responsible for installation, the final payment will be invoiced upon Turnover or as soon thereafter as practical. For furnish only orders the final payment will be invoiced upon shipment or as soon as practical thereafter. In either case the final payment is due for receipt by Seller within thirty (net 30) days of the date of the invoice. In the event that Customer enters into a loan agreement with lender (GE Capital) to finance the procurement of the Products, Licensed Materials and Services, under this Agreement, then Seller agrees to accept payment from lender (GE Capital) in satisfaction of Customer's payment obligation hereunder; however, that the Terms of Payment set forth in this Section 1.9 shall be complied in full. (b) For Products, Licensed Materials and Services (including transportation charges and taxes, if applicable) that are not required to be paid in advance advance, Seller will invoice Customer, all amounts due for Products and Licensed Materials upon shipment and all amounts due for Services, upon completion of Services or, in either event, as soon as practical thereafter. Customer shall pay such invoiced amounts for receipt by Lucent within thirty (30) days of net 30 from the invoice date. Bill ▇▇▇ Hold Products will be invoiced by Seller upon the earlier of (i) completion of assembly at Seller's facility or (ii) upon stocking at Customer's designated location. Such invoice will serve as Seller's notification that Bill ▇▇▇ Hold Products are complete and ready to be Lucent Technologies Proprietary 7 12 released by Customer for final shipment. A sample invoice is provided in Exhibit 1 for informational purposes only. (c) Customer shall pay all amounts due Seller hereunder using check of immediately available funds or Electronic Funds Transfer ("EFT") whether amounts have been invoiced by Seller or are due as advance paymentsSeller. EFT payments by Customer shall be made to the following account of Seller or such other account as is subsequently designated by Seller in writing and, concurrent with the EFT payment, Customer shall fax a copy of the remittal to Seller's Manager Cash Operations at 770-▇▇▇-▇▇▇-▇▇▇▇. Chase Manhattan Bank New York, New York Account Name: Lucent Technologies Inc. ACCT. 910144-9099 ABA 0210▇▇▇▇▇▇▇▇▇ (▇d) If Customer fails to pay any invoiced amount when due, the invoiced amount will shall be subject to a late payment charge at the rate of one and one half percent (1-1/2%) per month, or portion thereof, of the amount due (but not to exceed the maximum lawful rate). Customer agrees to pay Seller's reasonable attorneys' fees and other costs incurred by Seller in the collection of any amounts invoiced hereunder. (e) Customer agrees to review all invoices furnished by Seller hereunder upon receipt and, to use commercially reasonable efforts to notify Seller of any billing discrepancies within thirty ten (3010) days of receipt of the applicable invoice. Such inquiries can be directed to Seller in writing or by telephone. Inquiries shall be made to the telephone number or, if in writing, to the address identified on the invoice.

INVOICES AND TERMS OF PAYMENT. (a) Payment for For Products, Licensed Materials Materials, and Services ordered by Customer on an engineer, furnish and install (EF&I) basis, Seller shall invoice the total amount due for Products and Licensed Materials for each such purchase order upon the main shipment of such Products and Licensed Materials. Seller shall invoice Customer the full amount due for engineering, installation and other Services when Seller submits its notice of completion of installation or as soon thereafter as practicable. (b) In all other cases (i.e., not subject to subsection (a) above), Products and/or Licensed Materials (including transportation charges and taxes, if applicable) will be billed invoiced by Seller when shipped, or as soon thereafter as practicable. Engineering for such Products and/or Licensed Materials will be billed invoiced upon main shipment of Lucent Technologies Proprietary -4- Contract No.: LNM970313MP Products. If Seller is responsible for installation, the final payment Installation and other Services will be invoiced upon Turnover as performed or as soon thereafter as practical. For furnish only orders the final payment will Payments for all such invoices furnished by Seller under subsections (a) or (b) of this clause 1.8 shall be made by Customer in accordance with paragraph (c) below. (c) Customer shall pay such invoiced upon shipment or as soon as practical thereafter. In either case the payment is due amounts, less any disputed items, for receipt by Seller within thirty (30) days of the date of the invoice. In the event that Customer enters into a loan agreement with lender (GE Capital) to finance the procurement of the Productsinvoice date; provided, Licensed Materials and Services, under this Agreement, then Seller agrees to accept payment from lender (GE Capital) in satisfaction of Customer's payment obligation hereunder; however, that with respect to invoices for the Terms of Payment set forth Services described in this Section 1.9 shall be complied in full. subsection (ba) For Products, Licensed Materials and Services (including transportation charges and taxesabove, if applicable) that are not required to be paid Customer notifies Seller in advance Seller will invoice Customer, all amounts due for Products and Licensed Materials upon shipment and all amounts due for Services, upon completion of Services or, in either event, as soon as practical thereafter. Customer shall pay such invoiced amounts for receipt by Lucent writing within the aforesaid thirty (30) days day payment period that the installed Products or Licensed Materials do not perform as required for acceptance under Article 3.2 and said notice describes in reasonable detail the nature of such non-performance (a "Deficiency Notice"), then the thirty (30) day payment period for such invoices shall be extended for that period of time which elapses between the date of the invoice date. Bill ▇▇▇ Hold Products will be invoiced by Seller upon the earlier of (i) completion of assembly at Deficiency Notice and Seller's facility or (ii) upon stocking at Customer's designated location. Such invoice will serve as Seller's notification that Bill ▇▇▇ Hold Products are complete and ready to be Lucent Technologies Proprietary 7 12 released by Customer for final shipment. A sample invoice is provided in Exhibit 1 for informational purposes only. (c) Customer shall pay all amounts due Seller hereunder using Electronic Funds Transfer ("EFT") whether amounts have been invoiced by Seller or are due as advance payments. EFT payments by Customer shall be made to the following account of Seller or such other account as is subsequently designated by Seller in writing and, concurrent with the EFT payment, Customer shall fax a copy correction of the remittal to Seller's Manager Cash Operations at 770-▇▇▇non-▇▇▇▇performance specified in the Deficiency Notice. Chase Manhattan Bank New York, New York Account Name: Lucent Technologies Inc. ACCT. 910144-9099 ABA 0210▇▇▇▇▇ (▇) If Customer fails to pay any invoiced amount when due, the invoiced amount will be Delinquent payments are subject to a late payment charge at the rate of one and one one-half percent (1-1/2%) per month, or portion thereof, of the amount due (but not to exceed the maximum lawful rate). If the claim is not resolved in favor of Customer, then the item will be due for payment based upon the original invoice date. Customer shall notify Seller of any disputed invoice within thirty (30) days from the date of the invoice. Seller may apply any credit which remains outstanding in favor of Customer to the oldest undisputed invoice which remains in Customer's portfolio. Customer agrees to pay Seller's reasonable attorneys' fees and other direct costs incurred by Seller in the collection of any amounts invoiced past due hereunder. (e) Customer agrees to review all invoices furnished by Seller hereunder upon receipt and, notify Seller of any billing discrepancies within thirty (30) days of receipt of the applicable invoice. Such inquiries can be directed to Seller in writing or by telephone. Inquiries shall be made to the telephone number or, if in writing, to the address identified on the invoice.

INVOICES AND TERMS OF PAYMENT. (a) Payment 5.1. For each location listed in part 3.1 of this Agreement, Acadian shall, on a monthly basis, submit patient invoices to the location for Productswhich services were provided, Licensed Materials plus a recap sheet for each location, restating the total invoices being billed to each location, for the month of services performed by Acadian under this agreement. 5.2. All undisputed invoices are due and Services (including transportation charges and taxes, if applicable) payable by Facility to Acadian net thirty days from receipt of same. All invoices not paid in full within 61 days from date of invoice will be billed by Seller when shippedconsidered past due. Once an invoice becomes past due, or as soon thereafter as practicableAcadian may mail to FACILITY a Past Due Notice consisting of the invoice number(s) and amount(s) due on said invoice(s). 5.3. Engineering All invoices not paid in full within 91 days from date of invoice will be billed upon main shipment considered delinquent. Once an invoice becomes delinquent, FACILITY shall no longer be entitled to the discount to which it would otherwise be entitled under the terms of Products. If Seller is responsible for installationthis contract, the final payment and FACILITY will be invoiced upon Turnover or as soon thereafter as practicalobligated to pay for any new services at Acadian’s usual and customary rates. For furnish only orders the final payment will Acadian shall be invoiced upon shipment or as soon as practical thereafter. In either case the payment is due for receipt by Seller entitled to file suit against FACILITY if it fails to pay delinquent invoices within thirty (30) days day of the date of the invoice. In the event that Customer enters into Acadian mailing to FACILITY, by certified mail, a loan agreement with lender (GE Capital) to finance the procurement of the Products, Licensed Materials and Services, under this Agreement, then Seller agrees to accept payment from lender (GE Capital) in satisfaction of Customer's payment obligation hereunder; however, that the Terms of Payment set forth in this Section 1.9 shall be complied in full. (b) For Products, Licensed Materials and Services (including transportation charges and taxes, if applicable) that are not required to be paid in advance Seller will invoice Customer, all amounts due for Products and Licensed Materials upon shipment and all amounts due for Services, upon completion of Services or, in either event, as soon as practical thereafter. Customer shall pay such invoiced amounts for receipt by Lucent within thirty (30) days Delinquent Notice consisting of the invoice date. Bill ▇▇▇ Hold Products will be invoiced by Seller upon the earlier of (i) completion of assembly at Seller's facility or (ii) upon stocking at Customer's designated location. Such invoice will serve as Seller's notification that Bill ▇▇▇ Hold Products are complete number and ready to be Lucent Technologies Proprietary 7 12 released by Customer for final shipment. A sample invoice is provided in Exhibit 1 for informational purposes onlyamount due on said invoice. (c) Customer 5.4. Upon filing suit, Acadian shall pay be entitled to recover from FACILITY all amounts due Seller hereunder using Electronic Funds Transfer ("EFT") whether to which it is entitled to recover under the terms of this contract along with attorney fees, court costs and all other amounts have been invoiced by Seller or are due as advance paymentsto which it is legally entitled. 5.5. EFT payments by Customer Repeated failure of Facility to pay timely shall be made to the following account grounds for immediate termination of Seller or such other account as is subsequently designated by Seller in writing and, concurrent with the EFT payment, Customer shall fax a copy of the remittal to Seller's Manager Cash Operations at 770-▇▇▇-▇▇▇▇. Chase Manhattan Bank New York, New York Account Name: Lucent Technologies Inc. ACCT. 910144-9099 ABA 0210▇▇▇▇▇ (▇) If Customer fails to pay any invoiced amount when due, the invoiced amount will be subject to a late payment charge this Agreement at the rate option of one and one half percent (1-1/2%) per month, or portion thereof, of the amount due (but not to exceed the maximum lawful rate). Customer agrees to pay Seller's attorneys' fees and other costs incurred by Seller in the collection of any amounts invoiced hereunderAcadian without further notice. (e) Customer agrees to review all invoices furnished by Seller hereunder upon receipt and, notify Seller of any billing discrepancies within thirty (30) days of receipt of the applicable invoice. Such inquiries can be directed to Seller in writing or by telephone. Inquiries shall be made to the telephone number or, if in writing, to the address identified on the invoice.

INVOICES AND TERMS OF PAYMENT. (a) Payment for Products, a. For the Products and Licensed Materials and Services (including transportation charges and taxes, if applicable), comprising the Initial System for a Market as set forth on Attachment A, Customer shall be invoiced as follows: a) 85% of the purchase price on delivery or as soon thereafter as practicable b) 10% of the purchase price on System Acceptance of the Initial System c) 5% of the purchase price on completion of all punch list items For orders submitted after Acceptance of an Initial System, ninety percent (90%) of the purchase price (including transportation and taxes, if applicable) will be billed by Seller when shippedinvoiced on delivery, or as soon thereafter as practicablepossible. Engineering The remaining ten percent (10%) shall be invoiced on Final Acceptance of installation on a unit by unit basis. Invoicing for the four million ($4,000,000) dollar Optional Feature RTU per MSC shall occur on delivery, and payment for said invoices shall be due thirty (30) days after Acceptance of the Initial System. In every case, engineering will be billed upon main shipment of Products. If Seller is responsible for installation, the final payment Products and installation will be invoiced upon Turnover billed as performed or as soon thereafter as practical. For furnish only orders the final payment will be . b. Except as set forth in paragraph (d) below, Customer shall pay these invoiced upon shipment or as soon as practical thereafter. In either case the payment is due for receipt by Seller amounts, less any disputed amounts, within thirty (30) days of from the date of the Seller's invoice. In the event that Customer enters into a loan agreement with lender (GE Capital) to finance the procurement of the Products, Licensed Materials and Services, under this Agreement, then Seller agrees to accept payment from lender (GE Capital) in satisfaction of Customer's payment obligation hereunder; however, that the Terms of Payment set forth in this Section 1.9 shall be complied in full. (b) For Products, Licensed Materials and Services (including transportation charges and taxes, if applicable) that Delinquent payments are not required to be paid in advance Seller will invoice Customer, all amounts due for Products and Licensed Materials upon shipment and all amounts due for Services, upon completion of Services or, in either event, as soon as practical thereafter. Customer shall pay such invoiced amounts for receipt by Lucent within thirty (30) days of the invoice date. Bill ▇▇▇ Hold Products will be invoiced by Seller upon the earlier of (i) completion of assembly at Seller's facility or (ii) upon stocking at Customer's designated location. Such invoice will serve as Seller's notification that Bill ▇▇▇ Hold Products are complete and ready to be Lucent Technologies Proprietary 7 12 released by Customer for final shipment. A sample invoice is provided in Exhibit 1 for informational purposes only. (c) Customer shall pay all amounts due Seller hereunder using Electronic Funds Transfer ("EFT") whether amounts have been invoiced by Seller or are due as advance payments. EFT payments by Customer shall be made to the following account of Seller or such other account as is subsequently designated by Seller in writing and, concurrent with the EFT payment, Customer shall fax a copy of the remittal to Seller's Manager Cash Operations at 770-▇▇▇-▇▇▇▇. Chase Manhattan Bank New York, New York Account Name: Lucent Technologies Inc. ACCT. 910144-9099 ABA 0210▇▇▇▇▇ (▇) If Customer fails to pay any invoiced amount when due, the invoiced amount will be subject to a late payment charge at the rate of one and one one-half percent (1-1/2%) per month, or portion thereof, of the amount due (but not to exceed the maximum lawful rate). Any disputed items which are determined to be validly billed are due for payment based upon the original invoice date and will be subject to a retroactive late payment charge based upon the original invoice date. Customer agrees to pay Seller's attorneys' fees and other costs incurred by Seller in the collection of any amounts invoiced hereunder. (e) Customer agrees to review all invoices furnished by Seller hereunder upon receipt and, shall notify Seller of any billing discrepancies disputed invoice amounts within thirty (30) days of receipt from the date of the applicable invoice. Such inquiries can be directed to Seller in writing or by telephonemay apply any credit which remains outstanding. c. Customer shall pay the invoiced amounts due on completion of all punch list items, less any disputed amounts, within ten (10) days from the date of Seller's invoice. Inquiries shall be made No late payment charges will accrue until after thirty (30) days of the date of Seller's invoice. d. Notwithstanding anything herein to the telephone number orcontrary, if in writingCustomer may defer payment (the "Deferred Payments") on all invoices for Customer Products, Licensed Materials and Services purchased by Customer or its Operating Affiliates for which payment would be due pursuant to subsections (a) and (b) above until the address identified on later of (i) September 30, 1998, or (ii) the invoice.initial closing of Customer's senior credit facility. The