Common use of Past Due Fees Clause in Contracts

Past Due Fees. Notwithstanding anything in this Agreement or any other agreement between the parties to the contrary, if Employer fails to pay DBI, any amount (except for amounts subject to a good faith dispute) that is due as a result of the services provided by DBI to Employer under this Agreement or any other agreement between the parties, DBI shall be permitted to deduct (in accordance with Section 2.13(b)) the undisputed amount from any funds held by DBI that were received from Employer. This right of offset shall be in addition to any other remedies that DBI may have under this Agreement or any other agreement between the parties with respect to such non-payment, including, without limitation, any right to terminate this Agreement or right to recoupment, regardless of whether the past due amount is paid in full as a result of the offset or recoupment rights provided herein.

Past Due Fees. Notwithstanding anything in this Agreement or any other agreement between the parties to the contrary, if Employer fails to pay DBI, any amount (except for amounts subject to a good faith dispute) that is due as a result of the services provided by DBI to Employer under this Agreement or any other agreement Agreement between the parties, DBI shall be permitted to deduct (in accordance with Section 2.13(b)) the undisputed amount from any funds held by DBI that were received from Employer. This right of offset shall be in addition to any other remedies that DBI may have under this Agreement or any other agreement between the parties with respect to such non-payment, including, without limitation, any right to terminate this Agreement or right to recoupment, regardless of whether the past due amount is paid in full as a result of the offset or recoupment rights provided herein.