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?

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.
Peer comment(s):

agree Cristina Butas
9 mins
Thanks!
agree NancyLynn : yes, it's the pattern they don't want to see emerge
18 mins
Thanks!
agree humbird : Yes, "persisitent" indicates recurring .... not one indent, not one unpaid item.
46 mins
Thanks!
agree Charlie Bavington : Yup, and it should be noted it's "persistent failure to pay...when due", so they could in fact be paying, but if they consistently pay late, then this clause applies.
9 hrs
exactly!
agree juvera
1 day 20 hrs
thanks.
agree Milena Majewska
5042 days
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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
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20 mins

continous (non stopped) non payment

one of the meanings of persistent is "continous" which fits the context here.
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