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Nicolai Law Group, P.C.



  Contracting for Profit


   Sophisticated Payment Provision II

  1. If any payment under this Contract is due upon the occurrence of an event (e.g., shipment date or installation date) and that or any other event is delayed due to any action or inaction of BUYER including but not limited to nonpayment or a failure to have the delivery site ready to accept the materials ordered, no such delay(s) shall serve to relieve BUYER of the obligation to make said payment(s) when due in accordance with the schedule under this Contract.
  2. If the final payment under this Contract is stated to be due thirty (30) days after "installation" of the materials ordered, BUYER agrees that said final payment shall nonetheless be due and payable thirty (30) days after the time the materials ordered are installed and operating and BUYER could or is deriving either revenue or use from the Equipment no matter whether the Equipment meets any applicable specification if installation services are delayed due to circumstances beyond SELLER's reasonable control. Failure to make said final payment according to this clause shall be a default of this Contract.
  3. Failure to make final payment according to this Contract shall be a default of this Contract.


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Telephone (413) 272-2000   Facsimile (413) 272-2010    
E-Mail: niclawgrp@niclawgrp.com    Internet: www.niclawgrp.com