Compensation to Agent Clause Samples
The 'Compensation to Agent' clause defines the terms under which an agent will be paid for their services. It typically outlines the amount or method of calculating the agent's fee, such as a fixed sum, hourly rate, or commission based on sales or contracts secured. This clause may also specify the timing and conditions of payment, including any deductions or reimbursements for expenses. Its core function is to ensure both parties have a clear understanding of the agent's remuneration, thereby preventing disputes over payment and aligning expectations.
Compensation to Agent. Agent shall be compensated for its services hereunder as may from time to time be agreed upon in writing between the two parties. The Fund will reimburse Agent for all out-of-pocket expenses, including, but not necessarily limited to, postage, confirmation forms, etc. Special projects, not included in the fee schedule and requested by proper instructions from the Fund, shall be completed by Agent and invoiced to the Fund as mutually agreed upon.
Compensation to Agent. Except as provided for in Section 4.2 below, the Company shall compensate Agent for the marketing and promotion of the Products, in accordance with the Agent Compensation Schedule attached as Exhibit A, and Agent agrees that the following terms and conditions shall apply:
a. Agent shall receive compensation only on business written by Agent and (ii) business written by Agent’s Representatives. Agent shall accept the compensation set forth on the Agent Compensation Schedule as compensation in full for all services performed and for all expenses incurred by Agent under this Agreement for the promotion and sale of the Products in all cases where Agent’s claim to compensation is disputed or is otherwise questionable, the Company shall have the right, in its sole and absolute discretion, to decide and settle the dispute. Any decision of the Company shall be final, binding, conclusive and nonappealable;
b. Agent, and not the Company, shall have the sole responsibility to compensate Solicitor Agents for all activities conducted by Solicitor Agents on Agent’s behalf. Agent shall ensure that the compensation methodology and the compensation amounts to be paid to Solicitor Agents comply at all times with CMS requirements and applicable Medicare Laws and Regulations, and any other applicable federal and state laws and regulations. Agent agrees to disclose to the Company at any time the compensation structure and amounts payable or paid to Solicitor Agents;
c. In accordance with Medicare Laws and Regulations, the Company shall establish one or more MA Plan compensation structures and one or more PDP Plan compensation structures for new and renewal enrollments effective for each plan year (the “Annual Commission Schedule”);
i. For the beneficiary’s initial year of enrollment in an MA Plan or PDP Plan, as determined by CMS, Agent and Representatives shall be compensated during the plan year at the Initial Year rate specified in the Annual Commission Schedule for the plan year and thereafter at the Renewal Year rate specified in the Annual Commission Schedule for the plan year for as long as the individual remains enrolled as a Member in a Company MA Plan or a Company PDP Plan, as applicable, throughout each renewal year, and provided that Agent, and for applications written by Representatives, provided that Agent and Representative remain licensed, appointed and certified by the Company as having completed the training and testing required by the Company for each renewa...
Compensation to Agent. As compensation to Agent for Agent's services provided to Assix under this Agreement, Assix agrees to compensate Agent in accordance with Exhibit C.
Compensation to Agent. 5 Section 2.04
Compensation to Agent. Subject to entry of the Sale Order:
(a) Subject to the terms of this Agreement, Purchaser and JV Agent shall collectively receive, as compensation for their services rendered to Merchant, the Agent’s Fee.
(b) After payment in full of (i) the Guaranteed Amount, (ii) all Expenses, (iii) all other amounts payable to Merchant from Proceeds hereunder and (iv) delivery of the Guaranty L/C to the DIP Agent (which amounts in clauses (i)-(iv) shall, in each case, be subject to the Liens held by the DIP Agent and the Second Lien Collateral Agent for the benefit of the applicable Merchant Secured Creditors), and provided that no Event of Default has occurred and continues to exist on the part of either Agent, upon the applicable Agent’s request, and in such Agent’s sole and absolute discretion, such Agent shall be entitled to have all right, title and interest in and to the applicable Merchandise and the applicable Owned FF&E transferred to such Agent or its designee (to the extent not already sold to Purchaser or its designee pursuant to the terms of the APA) free and clear of all Liens at the Sale Termination Date (the “Transferred Assets”) for no additional consideration paid to Merchant, and such Agent shall be entitled to sell, or otherwise dispose of the Transferred Assets, provided that the proceeds from the sale or other disposition of such Transferred Assets shall constitute “Proceeds” hereunder. Within ten (10) days following the Sale Termination Date, Agent shall, at Agent’s expense, which shall constitute an Expense under this Agreement, remove all unsold Merchandise from the Stores; provided that, to the extent that the lease with respect to any Store is assumed and assigned in accordance with the terms of the APA, the applicable assignee may waive this requirement without the consent of any other party (including Merchant). With respect to the Transferred Assets, upon Agent’s reasonable request, Merchant shall take all commercially reasonable actions, including executing any and all documents of transfer necessary or appropriate to vest title to the Transferred Assets in Agent or its designee and the Agent shall pay Sales Taxes, if applicable, in respect of the Transferred Assets.
Compensation to Agent. For and in consideration of performing the above-described services, Agent shall be paid a fee as follows:
Compensation to Agent. Subject to entry of the Approval Order:
(a) Agent shall receive, as its compensation for services rendered to Merchant, the Agent’s Fee, plus all remaining Proceeds of the Sale after payment of the Guaranteed Amount, Expenses of the Sale, and the Recovery Amount, if any, and all other amounts payable to Merchant from Proceeds hereunder. Pursuant to Section 15.9, the Agent shall also be entitled to receive a commission based on the net proceeds of the sale of FF&E.
(b) All Merchandise remaining at the Sale Termination Date (the “Remaining Merchandise”) shall become the property of Agent, free and clear of all liens, claims and encumbrances of any kind or nature, subject to Merchant’s right to payment of the Recovery Amount, if any, and any other amount owing hereunder, and the proceeds received by Agent from the disposition, in a commercially reasonable manner, of such unsold Merchandise shall constitute Proceeds hereunder. Notwithstanding the foregoing, Agent shall exercise commercially reasonable efforts to dispose of all of the Merchandise during the Sale Term.
Compensation to Agent. In the event that the landlord withdraws from any offer that has been accepted either verbally or in writing in relation to the property prior to the tenant taking possession of the premises, the landlord agrees to pay Blackstones Residential the full fee agreed upon within 7 days of demand.
Compensation to Agent. Agent shall receive as its compensation for services rendered to Merchant all remaining Proceeds of the Sale after payment of (A) the Guaranteed Amount, PLUS (B) the lesser of (x) all Expenses or (y) an amount equal to 12.0% of the aggregate Retail Price of the Merchandise, in an amount up to 1.5% of the aggregate Retail Price of the Merchandise (the "AGENT'S FEE"). In addition, following payment of (A) the Guaranteed Amount, PLUS (B) the lesser of (x) all Expenses or (y) an amount equal to 12.0% of the aggregate Retail Price of the Merchandise all Expenses , PLUS (C) the Agent's Fee, Agent shall retain all Sale Proceeds in excess of the Recovery Amount, if any. All Merchandise remaining at the conclusion of the Sale shall become the property of Merchant.