Common use of FEE AND PAYMENT TERMS Clause in Contracts

FEE AND PAYMENT TERMS. 5.1. The Fee for each particular Flight or for full Flight program is specified in the respective Master Agreement and unless otherwise so stated therein, is without any Value Added Tax, which shall be payable in addition at the rate then prevailing. 5.2. The Client shall pay the Fee within the terms specified in the Master Agreement. The Client shall also make all other payments (including but not limited to Additional Costs, reimbursement of damages, costs or fines) hereunder within 5 (five) calendar days after receipt of Carrier’s invoice, unless different payment terms are agreed by the Parties in respective Master Agreement. 5.3. The Client shall pay Deposit (if applicable) within the period specified in the Master Agreement. Upon ▇▇▇▇▇▇▇’s receipt of the final invoice for the de-icing services provided, the Carrier shall either refund the overpayment to the Client within 5 (five) calendar days after receipt of service provider’s invoice or provide an invoice to the Client for the de-icing services costs incurred in excess of the Deposit, which shall be reimbursed by the Client to the Carrier within 5 (five) calendar days after receipt of Carrier’s invoice. 5.4. Fuel costs based on the base fuel rate prevailing on the date of the submission of the Carrier's offer to the Client equal to FOB Rotterdam (“Base Fuel Rate”) are included in the Fee. Notwithstanding the foregoing, if the fuel rate effective on the date(s) of the Flight(s) (“Actual Fuel Rate”) increases above 10% (ten percent) compared to the Base Fuel Rate, the Client shall additionally pay the Carrier a fuel surcharge equal to the difference between actual fuel costs based on Actual Fuel Rate and fuel costs based on Base Fuel Rate. Fuel surcharge shall be paid by the Client within 5 (five) calendar days after receipt of Carrier’s invoice. The Carrier shall be entitled to unilaterally without notice to the Client immediately terminate this Master Agreement or any scheduled Flight without any consequences and/or liabilities to the Carrier (including, but not limited to, damages arising to the Client, passengers, Shippers or third persons), if the Client refuses to perform / does not make the payment referred to in this clause. 5.5. The Client undertakes to pay the Carrier an Aircraft Reservation Fee of EUR 16 000 (sixteen thousand euros) payable for each additional day after the scheduled Flight date as well as any other Additional Costs in connection to the change of flight schedule before the scheduled Flight time and to provide evidence satisfactory to the Carrier that the payment was made. The Parties acknowledge that Aircraft Reservation Fee shall be deemed as compensation of minimal pre-agreed losses of the Carrier, which shall: i) not require any additional proof by the Carrier; ii) be deemed to have been suffered by the Carrier; iii) be unconditionally payable by the Client to the Carrier. The Parties expressly agree that all the amounts of Aircraft Reservation Fee stipulated in this clause 5.5. are regarded as fair and reasonable and may not be reduced. 5.6. Any disbursements made by the Carrier on behalf of the Client shall be reimbursed by the Client at cost price plus an accounting surcharge of 10% (ten percent). 5.7. Each payment to be made by the Client hereunder shall be payable in euro (EUR), unless otherwise agreed in respective Master Agreement, and shall be made without set-off, counterclaim, reduction, withholding or diminution of any kind or nature howsoever imposed by any jurisdiction. If the Carrier will be required to pay any taxes or duties on behalf of the Client, the Client shall reimburse the Carrier forthwith immediately upon its written request. 5.8. All and any amounts payable by the Client under the Agreement shall be considered as paid when such are credited in the Carrier’s bank account indicated in respective Master Agreement or in such other bank account of the Carrier as Carrier may have last specified to the Client by Notice duly signed by ▇▇▇▇▇▇▇’s authorized representative. 5.9. The Party remitting the payment shall assume and cover any bank transfer charges (e.g. SWIFT payment shall be made under Carrier’s instructions). 5.10. All and any payments received by the Carrier under the Agreement (including its annexes and amendments) or under any other agreement between Carrier and Client may be applied by the Carrier to payment obligations of the Client in any manner or order as Carrier may determine in its sole discretion, notwithstanding any instructions, directions or notice given by the Client or any other person with respect to the application of such payments. 5.11. The Carrier shall be entitled to unilaterally set-off any amounts payable by the Client to the Carrier against the respective amounts outstanding from the Carrier to the Client (i.e. to exercise the set-off of the uniform counterclaims).

FEE AND PAYMENT TERMS. 5.1. The Fee for each particular Flight or for full Flight program is specified in the respective Master Agreement and unless otherwise so stated therein, is without any Value Added Tax, which shall be payable in addition at the rate then prevailing. 5.2. The Client shall pay the Fee within the terms specified in the Master Agreement. The Client shall also make all other and any payments (including but not limited to Additional Costs, reimbursement of damages, costs or fines) hereunder within 5 (five) calendar days after receipt of Carrier’s invoice, unless different payment terms are agreed by the Parties in respective Master Agreement. 5.3. All and any Additional Costs incurred by the Carrier shall be for the account of the Client and shall be reimbursed by the Client to the Carrier after the Flight within 5 (five) calendar days after receipt of Carrier’s invoice, unless different payment terms are agreed by the Parties in respective Master Agreement. 5.4. The Client shall pay Deposit not later than 7 (if applicableseven) within the period specified in the Master Agreementcalendar days before scheduled Flight date. Upon ▇▇▇▇▇▇▇Carrier’s receipt of the final invoice for the de-icing services provided, the Carrier shall either refund the overpayment to the Client within 5 (five) calendar days after receipt of service provider’s invoice or provide an invoice to the Client for the de-icing services costs incurred in excess of the Deposit, which shall be reimbursed by the Client to the Carrier within 5 (five) calendar days after receipt of Carrier’s invoice. 5.4. Fuel costs based on the base fuel rate prevailing on the date of the submission of the Carrier's offer to the Client equal to FOB Rotterdam (“Base Fuel Rate”) are included in the Fee. Notwithstanding the foregoing, if the fuel rate effective on the date(s) of the Flight(s) (“Actual Fuel Rate”) increases above 10% (ten percent) compared to the Base Fuel Rate, the Client shall additionally pay the Carrier a fuel surcharge equal to the difference between actual fuel costs based on Actual Fuel Rate and fuel costs based on Base Fuel Rate. Fuel surcharge shall be paid by the Client within 5 (five) calendar days after receipt of Carrier’s invoice. The Carrier shall be entitled to unilaterally without notice to the Client immediately terminate this Master Agreement or any scheduled Flight without any consequences and/or liabilities to the Carrier (including, but not limited to, damages arising to the Client, passengers, Shippers or third persons), if the Client refuses to perform / does not make the payment referred to in this clause. 5.5. The Client undertakes to pay the Carrier an Aircraft Reservation Fee of EUR 16 000 (sixteen thousand euros) payable for each additional day after the scheduled Flight date as well as any other Additional Costs in connection to the change of flight schedule before the scheduled Flight time and to provide evidence satisfactory to the Carrier that the payment was made. The Parties acknowledge that Aircraft Reservation Fee shall be deemed as compensation of minimal pre-agreed losses of the Carrier, which shall: i) not require any additional proof by the Carrier; ii) be deemed to have been suffered by the Carrier; iii) be unconditionally payable by the Client to the Carrier. The Parties expressly agree that all the amounts of Aircraft Reservation Fee stipulated in this clause 5.5. are regarded as fair and reasonable and may not be reduced. 5.6. Any disbursements made by the Carrier on behalf of the Client shall be reimbursed by the Client at cost price plus an accounting surcharge of 10% (ten percent). 5.7. Each payment to be made by the Client hereunder shall be payable in euro (EUR), unless otherwise agreed in respective Master Agreement, and shall be made without set-off, counterclaim, reduction, withholding or diminution of any kind or nature howsoever imposed by any jurisdiction. If the Carrier will be required to pay any taxes or duties on behalf of the Client, the Client shall reimburse the Carrier forthwith immediately upon its written request. 5.8. All and any amounts payable by the Client under the Agreement shall be considered as paid when such are credited in the Carrier’s bank account indicated in respective Master Agreement or in such other bank account of the Carrier as Carrier may have last specified to the Client by Notice duly signed by ▇▇▇▇▇▇▇Carrier’s authorized representative. 5.9. The Party remitting the payment shall assume and cover any bank transfer charges (e.g. SWIFT payment shall be made under Carrier’s OUR instructions). 5.10. All and any payments received by the Carrier under the Agreement (including its annexes and amendments) or under any other agreement between Carrier and Client may be applied by the Carrier to payment obligations of the Client in any manner or order as Carrier may determine in its sole discretion, notwithstanding any instructions, directions or notice given by the Client or any other person with respect to the application of such payments. 5.11. The Carrier shall be entitled to unilaterally set-off any amounts payable by the Client to the Carrier against the respective amounts outstanding from the Carrier to the Client (i.e. to exercise the set-off of the uniform counterclaims).

FEE AND PAYMENT TERMS. 5.1. The Fee for each particular Flight or for full Flight program is specified in the respective Master Agreement and unless otherwise so stated therein, is without any Value Added Tax, which shall be payable in addition at the rate then prevailing. 5.2. The Client shall pay the Fee within the terms specified in the Master Agreement. The Client shall also make all other payments (including but not limited to Additional Costs, reimbursement of damages, costs or fines) hereunder within 5 (five) calendar days after receipt of Carrier’s invoice, unless different payment terms are agreed by the Parties in respective Master Agreement. 5.3. The Client shall pay Deposit (if applicable) within the period specified in the Master Agreement. Upon ▇▇▇▇▇▇▇’s receipt of the final invoice for the de-icing services provided, the Carrier shall either refund the overpayment to the Client within 5 (five) calendar days after receipt of service provider’s invoice or provide an invoice to the Client for the de-icing services costs incurred in excess of the Deposit, which shall be reimbursed by the Client to the Carrier within 5 (five) calendar days after receipt of Carrier’s invoice. 5.4. Fuel costs based on the base fuel rate prevailing on the date of the submission of the Carrier's offer to the Client equal to FOB Rotterdam (“Base Fuel Rate”) are included in the Fee. Notwithstanding the foregoing, if the fuel rate effective on the date(s) of the Flight(s) (“Actual Fuel Rate”) increases above 10% (ten percent) compared to the Base Fuel Rate, the Client shall additionally pay the Carrier a fuel surcharge equal to the difference between actual fuel costs based on Actual Fuel Rate and fuel costs based on Base Fuel Rate. Fuel surcharge shall be paid by the Client within 5 (five) calendar days after receipt of Carrier’s invoice. The Carrier shall be entitled to unilaterally without notice to the Client immediately terminate this Master Agreement or any scheduled Flight without any consequences and/or liabilities to the Carrier (including, but not limited to, damages arising to the Client, passengers, Shippers or third persons), if the Client refuses to perform / does not make the payment referred to in this clause. 5.5. The Client undertakes to pay the Carrier an Aircraft Reservation Fee of EUR 16 20 000 (sixteen twenty thousand euros) payable for each additional day after the scheduled Flight date as well as any other Additional Costs in connection to the change of flight schedule before the scheduled Flight time and to provide evidence satisfactory to the Carrier that the payment was made. The Parties acknowledge that Aircraft Reservation Fee shall be deemed as compensation of minimal pre-agreed losses of the Carrier, which shall: i) not require any additional proof by the Carrier; ii) be deemed to have been suffered by the Carrier; iii) be unconditionally payable by the Client to the Carrier. The Parties expressly agree that all the amounts of Aircraft Reservation Fee stipulated in this clause 5.5. are regarded as fair and reasonable and may not be reduced. 5.6. Any disbursements made by the Carrier on behalf of the Client shall be reimbursed by the Client at cost price plus an accounting surcharge of 10% (ten percent). 5.7. Each payment to be made by the Client hereunder shall be payable in euro (EUR), unless otherwise agreed in respective Master Agreement, and shall be made without set-off, counterclaim, reduction, withholding or diminution of any kind or nature howsoever imposed by any jurisdiction. If the Carrier will be required to pay any taxes or duties on behalf of the Client, the Client shall reimburse the Carrier forthwith immediately upon its written request. 5.8. All and any amounts payable by the Client under the Agreement shall be considered as paid when such are credited in the Carrier’s bank account indicated in respective Master Agreement or in such other bank account of the Carrier as Carrier may have last specified to the Client by Notice duly signed by ▇▇▇▇▇▇▇’s authorized representative. 5.9. The Party remitting the payment shall assume and cover any bank transfer charges (e.g. SWIFT payment shall be made under Carrier’s instructions). 5.10. All and any payments received by the Carrier under the Agreement (including its annexes and amendments) or under any other agreement between Carrier and Client may be applied by the Carrier to payment obligations of the Client in any manner or order as Carrier may determine in its sole discretion, notwithstanding any instructions, directions or notice given by the Client or any other person with respect to the application of such payments. 5.11. The Carrier shall be entitled to unilaterally set-off any amounts payable by the Client to the Carrier against the respective amounts outstanding from the Carrier to the Client (i.e. to exercise the set-off of the uniform counterclaims).