Hosting Fees Clause Samples

Hosting Fees. 3.11.1 The Hosting Fees cover all services and items specified in this Agreement except for Advanced Remote Hands Service in Clause 3.12 and is calculated based on the power consumption of the Customer Equipment and shall not include Whinstone’s own equipment (PUE) or the equipment of Whinstone’s other customers. 3.11.2 The Hosting Fee rate is the lesser of either (i) $[***] USD or (ii) the “Pass Through Rate” as hereinafter defined. As used herein, the “Pass Through Rate” is defined as the lesser of either (i) the “Net Effective Rate” as that rate is defined and calculated in the New Hosting Service Agreement No. #R-5MW-001 Pro Forma Pricing Model attached as Attachment C to that certain Power Services Agreement entered into by and between Whinstone and Priority Power Management LLC on April 3, 2020 (the “PPM Agreement”) or (ii) the exact price at which Whinstone is billed monthly for electricity provided to Customer per kilowatt-hour. The Hosting Fee rate shall remain unchanged for [***] years under any Extended Term under Clause 13.1. Whinstone will install power consumption meters at the transformers. 3.11.3 Whinstone, to the best of its knowledge, confirms that the “Pass Through Rate” is presently $[***] per Megawatt Hour as shown in the Pro Forma Pricing Model attached as Attachment C to the PPM Agreement, a materially accurate copy of which is attached hereto as Exhibit “1”. Customer understands that this rate is variable. 3.11.4 Hosting Fee rate = $[***] per Megawatt Hour or lower depending on the “Pass Through Rate” for [***] years, with the option to renew for the remainder of the Initial Term at the same pre-agreed upon terms seen in 3.11.2, in one year increments. Whinstone will invoice a [***] kW upon deployment of the Customer Equipment. Whinstone will require the payment to be made fifteen days prior to powering the Licensed Area.

Hosting Fees. Normal Hosting Unit Price: $[**] Lowest Hosting Unit Price: $[**] Invoice type: [*] tax compliant invoice. Payment method: pay in advance Description: a. To ensure the competitiveness of Party B and to add the possibility that the services of Party B will be used by Party A, the Service Fees shall be in line with the current market mainstream price, and the Lowest Hosting Unit Price shall be the cost electricity price or be close to the cost electricity price. b. The price here is tax-exclusive. Tax in the form of VAT will be added to the invoice. This rate is subject to change depending upon changes in state and local tax legislation. c. If the price is different in different time periods (including in different months and in different time periods of the same day), please specify separately.

Hosting Fees. The applicable Service Order sets forth the MSFs for the Hosting Service. Customer is responsible for payment whether or not the hosting platform is used and whether or not it functions properly, unless such failure is caused by Madison.

Hosting Fees. The hosting fees for the initial License Configuration will be fixed for the initial Hosting Term and modifications to such fees may be made at the beginning of a subsequent Hosting Term. Customer may only reduce the number of Users being hosted as set forth on the Ordering Document, as applicable, at the end of each Hosting Term via an executed Ordering Document or amendment between Parties. Upon Customer’s written request, OPIE will initiate installation of the Software. Hosting fees begin to accrue on the first date on which Customer can log onto the Software (the “Start Date”). Monthly hosting fees are based on Customer’s current License Configuration, and storage usage. The first month’s Hosting fees will be invoiced as defined in the Ordering Document.

Hosting Fees. The Hosting fees cover the people, space and power needed to host and operate the System (“Hosting Fees”). Motricity shall apply the Hosting Fees based on the total cumulative number of ▇▇▇.▇▇▇ Portal Users being maintained by Motricity with a given calendar month. *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** A. For purposes of clarity, in any calendar month where a MEdia Net portal user becomes an AT&▇.▇▇▇ Service Portal User, Motricity will apply the Hosting Fee set forth above. B. Further, Motricity will ensure that AT&T is not being double billed on Hosting Fees under the MEdia Net and ▇▇▇.▇▇▇ fee structure. In the event a Subscriber is registered as both a Media Net portal user and an ▇▇▇.▇▇▇ Portal User within a given calendar month, AT&T will be charged the Hosting Fees set forth in the above table. C. The Parties further agree to collaborate on a method and process for which Subscriber profiles would be purged from the respective databases for MEdia Net and ▇▇▇.▇▇▇ Service. D. upon six months’ prior written notice to Motricity, AT&T may elect to host the System and make the AT&▇.▇▇▇ Service (excluding certain Legacy Services as described in Section B.1.b. of Exhibit A) available to Subscribers at AT&T’s expense at one or more facilities maintained by or on behalf of AT&T. AT&T acknowledges that its ability to host the Motricity Software and make the AT&T Net Service available to Users may be subject to AT&T’s ability to obtain sufficient rights in certain third party technology (e.g., any third party software used in connection with the hosting, operation and/or maintenance of the Services), content and applications. In the event that AT&T elects to host the Software, Motricity and AT&T shall enter into a mutually agreed upon license agreement prior to and as a condition of any transition of hosting to AT&T.

Hosting Fees. The recurring Hosting Services Fee shall be $ *** ($ *** Hosting & Support + $ *** Site Support) per month. The Hosting Services Fee for “A Pivotal, Multi-center, Randomized, Controlled Trial Evaluating the Safety and Effectiveness of the NuVasive Anterior Cervical Total Disc Replacement (CTDR) Versus *** in Subjects with Single-Level Cervical Disc Disease”, protocol NUVA-CTDR-0501, includes Hosting Services, Support and Site Support Services. The monthly Hosting Services fee shall commence upon the Effective Date. The monthly fee for the first month of Hosting Services will be due and payable by Customer on the Effective Date. For each month thereafter, the monthly Hosting Services fee will be due and payable by Customer in advance. Medidata will invoice Customer monthly in advance, with payment terms of net 30 from invoice date. The monthly Hosting Services fee will be subject to annual increases during the Term as provided in the Agreement. *** Material has been omitted pursuant to a request for confidential treatment.

Hosting Fees. All payments and invoices shall be made in accordance with Appendix C and Appendix A, Section 8, to DIR Contract No. DIR-TSO-3734. Unless otherwise mutually agreed by the parties in writing, Service Provider will invoice Customer for Hosting Fees monthly, in arrears, and the first invoice shall be issued by Service Provider as follows: (i) if the Hosted Solution Deployment Date occurs prior to the 15th day of the month, then Service Provider shall invoice Customer at the end of such month and Customer shall pay fees for such month in full; and (ii) if the Hosted Solution Deployment Date occurs on or after the 15th day of the month, then Service Provider shall invoice Customer at the end of the next month, and such invoice shall not include any fees relating to the month in which the Hosted Solution Deployment Date occurred. Service Provider agrees that during the Initial Term, the Hosting Fees relating to the Hosted Solution, as initially composed, shall be in the amount set forth in the Purchase Table. If at any time Customer purchases additional components for the Hosted Solution, then for the balance of the then-current term, Customer will pay additional Hosting Fees in such amounts as are mutually agreed to by the parties.

Hosting Fees. In the event of termination of any Hosting Agreement, Hosting Fees with respect to the relevant Hosted Exchange, shall, subject to Section 6.6.3, continue to accrue in accordance with Schedule I for a period, immediately following the delivery of a Hosting Agreement Termination Notice pursuant to Section 6.3(c) (the “Hosting Transition Period”), of, (a) in the event the Hosted Exchange has exercised its right to terminate the Hosting Agreement without cause, (i) twelve months or (ii) such alternative time period as LIFFE, pursuant to the CBOT’s direction, continues to deliver Services in respect of hosting the electronic trading of Hosted Products of the relevant Hosted Exchange via the CBOT Electronic Exchange; provided, however, that the CBOT shall notify LIFFE at least fifteen (15) days in advance of the date upon which LIFFE is to cease providing such Services; or (b) in the event the Hosting Agreement has been terminated by reason of material breach, insolvency, or such other grounds for termination as are equivalent to those set forth in Section 12.3.2 of this Agreement and notwithstanding any prior notification by the relevant Hosted Exchange of its intention to terminate the Hosting Agreement without cause, the later of (i) thirty (30) days and (ii) such alternative time period as the CBOT may direct LIFFE to continue to deliver Services in respect of hosting the electronic trading of Hosted Products of the relevant Hosted Exchange via the CBOT Electronic Exchange; provided, however, that the CBOT shall notify LIFFE at least fifteen (15) days in advance of the date upon which LIFFE is to cease providing such Services; or (c) notwithstanding Section 6.6.1(a) and (b), such duration as LIFFE delivers Services in respect of hosting the electronic trading of Hosted Products of the relevant Hosted Exchange via the CBOT Electronic Exchange, pursuant to a requirement, decision, or order of a regulatory or governmental authority, arbitration panel or court of competent jurisdiction. Upon the expiration of the Hosting Transition Period, the accrual of Hosting Fees with respect to such Hosted Exchange shall end, and, subject to Section 6.6.2, the CBOT shall be obligated to pay to LIFFE all accrued Hosting Fees.

Hosting Fees. (i) For each calendar year during the period between the relevant Hosting Go Live Date and the remainder of the Term, or such portion thereof in the case of a partial calendar year (each such whole or partial calendar year, an “OYP”), the Hosting Fees shall be based on the number of contracts (round turn) in Hosted Products of such Hosted Exchange traded via the CBOT Electronic Exchange during such OYP (the “Electronic Volume”). (ii) In respect of the Kansas City Board of Trade and the Minneapolis Grain Exchange, the Hosting Fee shall additionally be predicated upon the total number of contracts (round turn) in all products of each such Hosted Exchange traded (whether via the CBOT Electronic Exchange, via the Hosted Exchange’s open outcry facility or otherwise) during such OYP (the “Total Volume”). (iii) The Hosting Fee for each OYP during the Term shall be payable by the CBOT in quarterly installments, with the first payment due within thirty (30) days following the end of the first calendar quarter subsequent to the Hosting Go Live Date. Thereafter, payments will be due on each January 30, April 30, July 30 and October 30 of each year during the remainder of the Term. (iv) In respect of the Hosting Fee for each Hosted Exchange, (i) each quarterly Hosting Fee installment shall equal the Minimum Quarterly Payment in regard to such Hosted Exchange (as designated in Paragraph 4.2 below); and (ii) the quarterly Hosting Fee installment for such Hosted Exchange due thirty (30) days following the end of the fourth calendar quarter of each OYP shall also include an amount equal to the difference between (x) the Hosting Fee for the Hosted Exchange, as calculated in accordance with Paragraph 4.2, and (y) the sum of all Minimum Quarterly Payments made during the OYP.