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(1.5%) per month (or the maximum allowed by law, if less). If the City or Customer, as <br /> applicable, withholds payment of a portion or entire invoice and it is later determined <br /> that a portion or all of such withheld amount is owed to Company, such amount shall be <br /> subject to the late fees provided herein from the original due date until paid. <br /> 8.4 Service Suspension. <br /> 8.4.1 Unpaid Invoices. If any amount due from the City is not paid within sixty (60) <br /> days after the date of Company's invoice, Company may suspend Services until <br /> the City has paid its outstanding balance in full and/or terminate this Agreement. <br /> If Company suspends Service, the City shall pay a service interruption fee in an <br /> amount determined by Company in its discretion up to the maximum amount <br /> allowed by Applicable Law. If any amount due to Company from an individual <br /> Customer is not paid within sixty(60) days after the date of Company's invoice, <br /> Company may suspend that Customer's Services until the Customer has paid its <br /> outstanding balance in full. If Company suspends Service, the Customer shall <br /> pay a service interruption fee in an amount determined by Company in its <br /> discretion up to the maximum amount allowed by Applicable Law. <br /> 8.4.2 Suspension at Direction of City. If the City wishes to suspend or discontinue <br /> Services to a Customer for any reason, the City shall send Company a written <br /> notice (email is acceptable as long as its receipt is acknowledged by Company) <br /> identifying the Customer's address and the date the Services should be <br /> suspended or discontinued. In the event of Service suspension, the City shall <br /> provide additional email notification to Company if/when it wishes to reactivate <br /> the suspended Services. Upon receipt of a notice of reactivation, Company shall <br /> resume the Services on the next regularly scheduled collection day. The City <br /> shall indemnify, defend, and hold Company harmless from any claims, suits, <br /> damages, liabilities or expenses (including but not limited to expenses of <br /> investigation and attorneys' fees) resulting from the suspension of <br /> discontinuation of any Services at the direction of the City. <br /> 8.4.3 Annual Assessment for Unpaid Customer Invoices. The City may annually <br /> assess the properties of unpaid customers pursuant to Minnesota Statutes <br /> Chapter 429. Assessments can only be made against properties for unpaid <br /> invoices submitted to the City by Company before September 15th of each year. <br /> Company will receive 90% of the unpaid amounts payable to Company before <br /> February 1St of each year. Retainage shall compensate the City for its cost of <br /> collection. <br /> 8.5 Audits. <br /> 8.5.1 Audit of City Billings. With respect to any Services in which the Company's <br /> billing is dependent upon the City's reporting of the number of addresses subject <br /> to this Agreement, the City shall perform an audit at least once each year to <br /> confirm that all addresses receiving Services under this Agreement are actually <br /> being billed by the City and that the City's reporting on such addresses is <br /> accurate. The City shall share all findings and documentation with respect to <br /> such audits with Company. <br /> Page 3 of 18 <br />