Extract to table

The Surcharge Methodology set forth in Exhibit C to the MSA prescribes the specific calculation approach that Cardinal Peak must follow when determining surcharge amounts

During the pendency of a dispute, Nexford is required to pay the undisputed portion of the applicable invoice

Where the language of the contract is clear and unambiguous, the court must enforce the contract as written, without resorting to extrinsic evidence of the parties' intent

The contract must be construed as a whole, giving meaning and effect to every provision, clause, and word

Conditions Precedent Under Illinois Law A condition precedent is "an act or event, other than a lapse of time, that must occur before a duty of performance arises

A condition precedent must be strictly complied with before the other party's duty of performance arises; failure to satisfy the condition excuses the other party's performance entirely