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such circumstances section 4.3 shall not apply, but termination of any Contract as permitted under this <br />Section 4.4 shall not affect any other rights/remedies which shall have accrued prior to such <br />termination. <br />4.5 The City shall pay the Initial Fee prior to the Service Date. Remaining and periodic Charges shall <br />be paid weekly or monthly In advance as agreed by VPS. Any additional Services provided from time to <br />time which are not covered In a periodic Invoice may be invoiced at any time and shall be due and <br />payable to VPS within 30 days of VPS rendering such Services. All sums payable under these Terms shall <br />be paid by the City without setoff, retention, deduction, withholding, lien, counterclaim or other similar <br />rights/entitlements. Upon the City's earlier termination of a Contract pursuant to section 7.1, Charges <br />for the remainder of the minimum period shall become Immediately due and payable, are non- <br />refundable and will not he prorated. <br />4.6 Each Invoice from VPS shall be paid by the City on or before Its due date. Charges for the rental <br />period will not be prorated. Where VPS has the right to terminate a Contract with cause as set forth in <br />section 7.2, then all sums Invoiced or payable to VPS under that and/or any other Contract (including <br />any Charges for the remainder of the minimum period) shall become immediately due and payable. <br />Payment of charges when due Is an essential term, <br />4.7 The City shall be in breach of a Contract In all cases where the City does not have an agreed credit <br />account with VP5 and/or falls to pay the Initial Fee or any Charges when due, such payment is rejected <br />or the City is In arrears under the agreed upon Terms of a Contract. <br />4.8 If the City fails to make any payment In full when due, then without affecting any other <br />rights/remedies: (a) the City shall pay Interest on a daily basis on the overdue amount from the due <br />date to the actual payment date at a rate of 4% per annum over the Federal Reserve Bank prime loan <br />Interest rete, or 14% per annum, whichever Is greater and permissible at law, and shall indemnify and <br />reimburse VPS for all Claims arising from steps taken to collect any overdue amount; and (b) VPS shall he <br />entitled to suspend provision of all or part of the Equipment/Services without any liability for any Claims <br />which may arise as a result of the suspension (Charges will continue to accrue during such suspension). <br />If a check is returned by the City's bank unpaid, a charge of $25 will he made. <br />4.9 It the City falls to make any payment when due or to satisfy its obligations under any other term <br />or condition of this Contract, VPS may immediately cease providing the Services and repossess or <br />disable the Equipment without notice. In connection with such failure, the City hereby grants VPS <br />access to the Site and any Controlled Premises and allow it to repossess or disable such Equipment. VPS <br />Is not required to redecorate or repair the Site or Controlled Premises as a result of ceasing Services or <br />repossessing or disabling the Equipment and VPS shall have no liability for any Claims with respect to or <br />In connection with ceasing Services or repossessing or disabling such Equipment. Notwithstanding <br />anything contained In a Contract, VPS does not waive, and retains the right to exercise, any other legal <br />or equitable rights or remedies available to It under a Contract or otherwise, including its right to file any <br />lien or encumbrance. <br />25H-9 <br />