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April 21.2006 draft <br />4.02 Delayed Payment Charge. Payments not received on or before the close <br />of business on the 20~' day after the end of the month during which service has been <br />provided shall be subject to a three percent (3%) late payment charge. <br />ARTICLE V <br />FORCE MAJEURE <br />No Party shall be liable to any other Party for its failure to perform all or any part of this <br />Agreement when such failure is caused by or arises out of any event or circumstance <br />which is reasonably beyond its control and not caused by said Party's negligence. <br />7 <br />