Fees and Related Provisions Clause Samples

The "Fees and Related Provisions" clause defines the financial obligations between the parties, specifying the types, amounts, and timing of payments required under the agreement. It typically outlines when fees are due, acceptable payment methods, and any additional costs such as taxes, late charges, or reimbursements for expenses. By clearly detailing these terms, the clause ensures both parties understand their monetary responsibilities, reducing the risk of disputes over payments and promoting smooth financial transactions throughout the contract.
Fees and Related Provisions. 5.1. Fees and payment terms are set out in the Order Form. Except as otherwise specified, (i) payment obligations are non-cancelable, (ii) fees paid are non-refundable (subject to clause 5.4), and (iii) quantities ordered cannot be decreased during the Subscription Period. 5.2. Fees will automatically increase at the start of each renewal by the higher of either the CPI or 5%. Such increases will automatically apply to invoices as of each renewal. Scandit will notify other fee changes to the Company Email at least 60 days before each renewal. Such changes are effective as of the applicable renewal. 5.3. If the Company disputes fees in good faith and cooperates with Scandit to resolve the dispute swiftly, ▇▇▇▇▇▇▇ will not exercise its right to suspend during good faith discussions. Otherwise, Scandit has the right to suspend the Company’s use of and rights and licenses to the Software and the Dashboard if any amount is 30 or more days overdue. Scandit will notify via the Company Email at least 10 days before suspension. Suspension will not excuse the Company from its obligation to make payments under the Agreement. 5.4. If the Company terminates for breach, Scandit will refund prepaid fees for unused Subscription Periods from termination effective date. If Scandit terminates for breach, the Company will promptly pay unpaid amounts, including for the remainder of the Subscription Period.
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Fees and Related Provisions. 6.1. Fees and payment terms are set out in the Order Form. Except as otherwise specified, (i) payment obligations are non-cancelable, (ii) fees paid are non-refundable (subject to clause 5.4), and (iii) quantities ordered cannot be decreased during the Subscription Period. 6.2. Fees will automatically increase at the start of each renewal by the higher of either the CPI or 5%. Such increases will automatically apply to invoices as of each renewal. Scandit will notify other fee changes to the Company Email at least 60 days before each renewal. Such changes are effective as of the applicable renewal. 6.3. If the Company disputes fees in good faith and cooperates with ▇▇▇▇▇▇▇ to resolve the dispute swiftly, ▇▇▇▇▇▇▇ will not exercise its right to suspend during good faith discussions. Otherwise, Scandit has the right to suspend the Company’s (and end customers’) use of and rights and licenses to the Software and the Dashboard if any amount is 30 or more days overdue. Scandit will notify via the Company Email at least 10 days before suspension. Suspension will not excuse the Company from its obligation to make payments under the Agreement. 6.4. If the Company terminates for breach, Scandit will refund prepaid fees for unused Subscription Periods from the termination effective date. If Scandit terminates for breach, the Company will promptly pay unpaid amounts, including for the remainder of the Subscription Period. 6.5. Each party is responsible for taxes assessable against it in its jurisdiction. Taxes (for example, value-added, sales and/or use taxes) for the rights and licenses granted are not factored in the pricing. The Company is responsible for paying such taxes. If any withholdings or deductions must be made, the payable amount must be increased accordingly to ensure Scandit receives the full invoiced amount. The parties will reasonably assist each other in claiming tax refunds. 6.6. The Company is free to determine the resale price of the Software. Any resale prices listed in the Order Form are mere recommendations.
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Fees and Related Provisions. A. In consideration of the exclusive right and license granted in ▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ agrees to pay to ▇▇▇▇▇▇▇ an initial franchise fee of $U.S.____________ due on execution hereof. [LANGUAGE TO BE ADDED AT THIS POINT MORE FULLY DESCRIBING THE NATURE OF THE TERRITORIAL DEVELOPMENT COMMISSION, DEPENDENT ON THE TAX AND OTHER LAWS OF THE PARTICULAR COUNTRY.] The initial franchise fee shall be fully earned on payment to ▇▇▇▇▇▇▇ and shall be nonrefundable. B. In consideration of the disclosure of confidential, proprietary and trade secret information comprising a part of ▇▇▇▇▇▇▇ Technology, the provision of technical assistance, and the grant of the right to use the ▇▇▇▇▇▇▇ Marks and certain other rights, Master Franchisee shall pay to ▇▇▇▇▇▇▇, on the 20th day of each month, a continuing royalty fee equal to the higher of (i) 3% of the Gross Sales (as defined below) of Master Franchisee and its first Company-owned subfranchisee in the preceding calendar month, or (ii) $U.S._________ per month during year 1 of the initial term, $U.S._________ per month during year 2 of the initial term, and $U.S._________ per month during year 3 of the initial term, $U.S._________ per month during year 4 of the initial term and $U.S._________ per month during years 5 to 10 of the initial term. C. Master Franchisee shall pay to ▇▇▇▇▇▇▇, on the 20th of each month, _______% of Master Franchisee's then-current initial license fee or similar fee for each new subfranchise (including each new Company-owned subfranchisee after Master Franchisee's first) licensed in the preceding calendar month. D. Master Franchisee shall pay to ▇▇▇▇▇▇▇, on the 20th day of each month, for each Company-owned subfranchisee after Master Franchisee's first, and for each subfranchisee not a Company-owned subfranchisee, a continuing royalty fee equal to the higher of (i) 1% of Gross Sales (as defined below) of the subfranchisee in the preceding calendar month, or (ii) $U.S._________ per month during year 1 of the initial term of the subfranchise, $U.S._________ per month during year 2 of the initial term of the subfranchise, $U.S._________ per month during year 3 of the initial term of the subfranchise, $U.S._________ per month during year 4 of the initial term of the subfranchise, and $U.S._________ per month during years 5 to 10 of the initial term of the subfranchise.
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Related to Fees and Related Provisions

  • Void Provisions If any provision of this Agreement, as applied to either party or to any circumstances, shall be found by a court of competent jurisdiction to be unenforceable but would be enforceable if some part were deleted or the period or area of application were reduced, then such provision shall apply with the modification necessary to make it enforceable, and shall in no way affect any other provision of this Agreement or the validity or enforceability of this Agreement.

  • CHANGE OF CONTROL RELATED PROVISIONS Notwithstanding the provisions of Section 5, in no event shall the aggregate payments or benefits to be made or afforded to Executive under said paragraphs (the "Termination Benefits") constitute an "excess parachute payment" under Section 280G of the Internal Revenue Code of 1986, as amended, or any successor thereto, and in order to avoid such a result, Termination Benefits will be reduced, if necessary, to an amount (the "Non-Triggering Amount"), the value of which is one dollar ($1.00) less than an amount equal to three (3) times Executive's "base amount", as determined in accordance with said Section 280G. The allocation of the reduction required hereby among the Termination Benefits provided by Section 5 shall be determined by Executive.

  • Controlling Provisions In the event of any inconsistencies between the provisions of this Amendment and the provisions of any other Loan Document, the provisions of this Amendment shall govern and prevail. Except as expressly modified by this Amendment, the Loan Documents shall not be modified and shall remain in full force and effect.

  • Required Provisions (a) The Bank may terminate Executive’s employment at any time, but any termination by the Board other than termination for Cause shall not prejudice Executive’s right to compensation or other benefits under this Agreement. Executive shall have no right to receive compensation or other benefits for any period after termination for Cause. (b) If Executive is suspended from office and/or temporarily prohibited from participating in the conduct of the Bank’s affairs by a notice served under Section 8(e)(3) [12 USC §1818(e)(3)] or 8(g)(1) [12 USC §1818(g)(1)] of the Federal Deposit Insurance Act, the Bank’s obligations under this contract shall be suspended as of the date of service, unless stayed by appropriate proceedings. If the charges in the notice are dismissed, the Bank may in its discretion (i) pay Executive all or part of the compensation withheld while its contract obligations were suspended and (ii) reinstate (in whole or in part) any of its obligations which were suspended. (c) If Executive is removed and/or permanently prohibited from participating in the conduct of the Bank’s affairs by an order issued under Section 8(e)(4) [12 USC §1818(e)(4)] or 8(g)(1) [12 USC §1818(g)(1)] of the Federal Deposit Insurance Act, all obligations of the Bank under this Agreement shall terminate as of the effective date of the order, but vested rights of the contracting parties shall not be affected. (d) If the Bank is in default as defined in Section 3(x)(1) [12 USC §1813(x)(1)] of the Federal Deposit Insurance Act, all obligations of the Bank under this Agreement shall terminate as of the date of default, but this paragraph shall not affect any vested rights of the contracting parties. (e) All obligations under this Agreement shall be terminated, except to the extent determined that continuation of the contract is necessary for the continued operation of the Bank, (i) by either the Office of the Comptroller of the Currency or the Board of Governors of the Federal Reserve System (collectively, the “Regulator”) or his or her designee, at the time the FDIC enters into an agreement to provide assistance to or on behalf of the Bank under the authority contained in Section 13(c) [12 USC §1823(c)] of the Federal Deposit Insurance Act; or (ii) by the Regulator or his or her designee at the time the Regulator or his or her designee approves a supervisory merger to resolve problems related to operation of the Bank or when the Bank is determined by the Regulator to be in an unsafe or unsound condition. Any rights of the parties that have already vested, however, shall not be affected by such action. (f) Notwithstanding anything herein contained to the contrary, any payments to Executive by the Bank or the Company, whether pursuant to this Agreement or otherwise, are subject to and conditioned upon their compliance with Section 18(k) of the Federal Deposit Insurance Act, 12 U.S.C. Section 1828(k), and the regulations promulgated thereunder in 12 C.F.R. Part 359.

  • Continuing Effect; No Other Amendments Except as expressly amended or waived hereby, all of the terms and provisions of the Credit Agreement and the other Loan Documents are and shall remain in full force and effect. The amendments and waivers contained herein shall not constitute an amendment or waiver of any other provision of the Credit Agreement or the other Loan Documents or for any purpose except as expressly set forth herein.