VACANT PROPERTY SPECIALIST (VPS)

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such circumstances section 4.3 shall not apply, but termination of any Contract as permitted under this Section 4.4 shall not affect any other rights/remedies which shall have accrued prior to such termination. 4.5 The City shall pay the Initial Fee prior to the Service Date, Remaining and periodic Charges shall be paid weekly or monthly in advance as agreed by VPS, Any additional Services provided from time to time which are not covered in a periodic invoice may be invoiced at any time and shall be due and payable to VPS within 30 days of VPS rendering such Services. All sums payable under these Terms shall be paid by the City without setoff, retention, deduction, withholding, lien, counterclaim or other similar rights/entitlements. Upon the City's earlier termination of a Contract pursuant to section 7.1, Charges for the remainder of the minimum period shall become immediately due and payable, are non- refundable and will not be prorated. 4.6 Each invoice from VPS shall be paid by the City on or before its due date. Charges for the rental period will not be prorated. Where VPS has the right to terminate a Contract with cause as set forth in section 7.2, then all sums invoiced or payable to VPS under that and/or any other Contract (including any Charges for the remainder of the minimum period) shall become immediately due and payable. Payment of charges when due is an essential term. 4.7 The City shall be in breach of a Contract in all cases where the City does not have an agreed credit account with VPS and/or falls to pay the Initial Fee or any Charges when due, such payment is rejected or the City is in arrears under the agreed upon Terms of a Contract. 4.8 If the City fails to make any payment In full when due, then without affecting any other rights/remedies: (a) the City shall pay interest on a daily basis on the overdue amount from the due date to the actual payment date at a rate of 4% per annum over the Federal Reserve Bank prime loan interest rate, or 14% per annum, whichever is greater and permissible at law, and shall indemnify and reimburse VPS for all Claims arising from steps taken to collect any overdue amount; and (b) VPS shall be entitled to suspend provision of all or part of the Equipment/Services without any liability for any Claims which may arise as a result of the suspension (Charges will continue to accrue during such suspension). If a check is returned by the City's bank unpaid, a charge of $25 will be made. 4.9 If the City fails to make any payment when due or to satisfy its obligations under any other term or condition of this Contract, VPS may immediately cease providing the Services and repossess or disable the Equipment without notice. In connection with such failure, the City hereby grants VPS access to the Site and any Controlled Premises and allow it to repossess or disable such Equipment, VPS is not required to redecorate or repairthe Site or Controlled Premises as a result of ceasing Services or repossessing or disablingthe Equipment and VPS shall have no liability for any Claims with respect to or in connection with ceasing Services or repossessing or disabling such Equipment. Notwithstanding anything contained in a Contract, VPS does not waive, and retains the right to exercise, any other legal or equitable rights or remedies available to it under a Contract or otherwise, including its right to file any lien or encumbrance.