Nov 7, 2005 12:15
18 yrs ago
19 viewers *
English term
persistent failure to pay
English
Law/Patents
Law: Contract(s)
the phrase is taken from the termination clause in a contract:
13.2 Termination for Cause
13.2.1 Upon written notice either Party may terminate this Agreement in the event of a Material Breach by the other Party. The Party seeking termination will provide the other Party with sufficient, reasonable written notice of such Material Breach and provide the breaching Party the opportunity to cure it as follows:
13.2.1.1 In the event of any ====>persistent failure to pay any amount due and payable under this Agreement when due, at least fourteen (14) days.
13.2.1.2 In the event of any other Material Breach, at least fourteen (14) days.
13.2.2 If the breach cannot be fixed or if the breach is not remedied within the permitted time, the aggrieved Party may, without prejudice to any other rights which it may have, terminate this Agreement with immediate effect upon further written notice to the other Party. This right will not accrue in relation to unpaid invoices where Customer has initiated the dispute resolution procedure.
My question is:
(a) is this failure to pay for a long period of time, e.g. failure to pay for 6 months (FYI under the contract payments are made every month)
(b) is this a reoccuring failure to pay, i.e. the party is always late and fails to meet the due date 3..4..5 times in a row
anyone?
13.2 Termination for Cause
13.2.1 Upon written notice either Party may terminate this Agreement in the event of a Material Breach by the other Party. The Party seeking termination will provide the other Party with sufficient, reasonable written notice of such Material Breach and provide the breaching Party the opportunity to cure it as follows:
13.2.1.1 In the event of any ====>persistent failure to pay any amount due and payable under this Agreement when due, at least fourteen (14) days.
13.2.1.2 In the event of any other Material Breach, at least fourteen (14) days.
13.2.2 If the breach cannot be fixed or if the breach is not remedied within the permitted time, the aggrieved Party may, without prejudice to any other rights which it may have, terminate this Agreement with immediate effect upon further written notice to the other Party. This right will not accrue in relation to unpaid invoices where Customer has initiated the dispute resolution procedure.
My question is:
(a) is this failure to pay for a long period of time, e.g. failure to pay for 6 months (FYI under the contract payments are made every month)
(b) is this a reoccuring failure to pay, i.e. the party is always late and fails to meet the due date 3..4..5 times in a row
anyone?
Responses
+6
1 hr
Selected
recurring
That it isn't a one-time event, but has happened many times and continues to occur.
Not necessarily long-overdue, but is a pattern of behavior.
Not necessarily long-overdue, but is a pattern of behavior.
4 KudoZ points awarded for this answer.
Comment: "Thanks a lot. This answer helped me most."
+8
4 mins
failure to pay for a long period of time
as it says "of any sum", I'd take it to mean that a given sum is not paid even after several reminders have been sent.
Peer comment(s):
agree |
Clair Pickworth
4 mins
|
agree |
Dave Calderhead
9 mins
|
agree |
Balaban Cerit
52 mins
|
agree |
Enza Longo
1 hr
|
agree |
transparx
2 hrs
|
agree |
Alfa Trans (X)
7 hrs
|
agree |
Romanian Translator (X)
8 hrs
|
agree |
Saiwai Translation Services
10 hrs
|
20 mins
continous (non stopped) non payment
one of the meanings of persistent is "continous" which fits the context here.
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