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<br /> <br /> <br />Rev. 0002 <br />_____|_____ <br />Buyer Seller <br />Initial Initial <br />5 <br /> <br /> <br />9. BUYER CREDIT REPRESENTATIONS. Buyer agrees that Seller may <br />investigate Buyer’s credit and contact credit references to confirm Buyer’s ability <br />to pay the amounts due under this Contract. Buyer’s signature on this Contract <br />attests to Buyer’s financial responsibility, ability and willingness to pay in <br />accordance with the terms of this Contract. Buyer represents to Seller that Buyer <br />has no plans to file bankruptcy or seek other protection from Buyer’s creditors; <br />that all the information in this Contract is correct; and that Buyer has read and <br />understands this Contract. If requested, the Buyer will provide Seller with Buyer’s <br />written authorization for Buyer’s lender and/or other credit references to <br />communicate with the Seller. Seller reserves the right to determine if and under <br />what circumstances credit will be extended to Buyer, including reserving the right <br />to require payment in advance of shipment of the Product or supply of Work. <br />10. NONPAYMENT. <br />10.1. Interest. If Buyer fails to make any payment due under this Contract, <br />interest will accrue on all unpaid amounts at the rate of 2% per month, or <br />the highest amount allowed by law, whichever is less. <br />10.2. Attorney’s Fees. If Seller is required to incur costs or attorneys’ fees to <br />enforce this Contract’s payment terms, such amounts will be added to the <br />amounts owed by Buyer to Seller. <br />10.3. Suspension of Work for Non-payment. If Buyer fails to make any <br />payments due to Seller under this Contract’s terms, Seller may stop work <br />without further notice. Buyer will be liable to Seller for all payments due <br />up to the time work is stopped, and for all losses sustained by Seller on <br />materials, machinery, equipment or tools, overhead, profit, soft costs and <br />damages. Seller will only restart work after Buyer has paid all money due <br />to Seller and Seller is satisfied that Buyer has the ability to pay for the <br />remaining work. <br />10.4. Other Installer Remedies for Non-payment. If Buyer fails to make <br />progress payments or other amounts due to Seller under this Contract, <br />Seller will have the right to (1) terminate this Contract, (2) retain all <br />deposits, fees and progress payments Buyer has made, (3) place liens upon <br />the Site for payment of any other amounts owed, and (4) foreclose any <br />liens placed on the Site if the amounts due, including costs and interest, <br />are not paid in full. Seller’s exercise of any option shall not preclude the <br />exercise of the other options.