Common use of Invoicing and Payment Terms Clause in Contracts

Invoicing and Payment Terms. Unless otherwise agreed in writing between the Customer and the Seller, the Seller shall be entitled to invoice the Customer for the price of goods on delivery of the goods by the Seller, unless the goods are to be collected by the Customer (or their agent) or the Customer wrongfully fails to take delivery of the goods or delays installation, in which event the Seller shall be entitled to invoice the Customer for the price at any time after the Seller has notified the Customer that the goods are ready for collection or (as the case may be) the Seller has tendered delivery of the goods. Subject to clause 2 d) below, charges for services are payable on completion of the services. a) Where credit terms are allowed by the Seller to the Customer, the terms of payment of all invoices issued by the Seller to the customer are strictly 30 days from the date of invoice unless otherwise stated on the invoice. Where credit terms are not given by the Seller, the Customer will be required to pay by pro forma invoice, and only after payment has been received will the Customer’s order be processed. b) The Seller reserves the right to charge interest on all or any sums not paid within 30 days from the date of invoice at the rate of 2% of the total invoiced amount for every period of 30 days (and pro rata for any part of a period of 30 days whether before or after judgement) from the due date of payment until the date of actual receipt of payment in full by the Seller. c) The Customer shall indemnify the Seller against any loss or expense sustained or incurred by the Seller as a result of any change in currency exchange rates or in exchange control or other governmental regulations by reason of or in connection with any failure on the part of the d) The Seller shall have the right to invoice the Customer for part delivery or provision of goods or services to the Customer notwithstanding the fact that other goods or services are to be delivered or provided to the Customer under the contract. e) If the goods or services are cancelled or delayed beyond the original date agreed at time of order acceptance, by Customer for convenience – Seller reserves the right to charge for any goods, services and costs already in process which cannot be delayed, deferred or cancelled. This includes hardware ordered or in transit from sub-contractors and suppliers which cannot be delayed or cancelled. Seller also reserves the right to charge for time and travel where additional site visits and work, over and above that originally agreed, are necessary. f) The Seller’s rights under this paragraph (2) shall be exercisable in addition to all and any other rights the Seller may have under these Terms and Conditions of Sale.

Invoicing and Payment Terms. Unless otherwise agreed RTI will reimburse Vendor for Services actually performed and goods furnished in writing between accordance with this Purchase Order. a. All invoices shall specify the Customer invoice number, Purchase Order number, Deliverables completed, total amount due and cumulative amount billed. b. Vendor shall send invoices via electronic mail to ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇. Questions regarding submitted invoices should be directed to RTI Accounts Payable at +▇-▇▇▇-▇▇▇-▇▇▇▇. c. All equipment purchased by Vendor and reimbursed by RTI shall become the Sellersole property of RTI. d. RTI will pay invoices within thirty (30) days of receipt. Vendor shall submit its final invoice to RTI within sixty (60) days following completion of the Services. If Vendor submits an invoice more than sixty (60) days after completion of the Services, the Seller then RTI shall be entitled under no obligation to pay such invoice. RTI shall promptly notify Vendor if it intends to withhold payment of any portion of a submitted invoice the Customer due to defect or other discrepancy with a deliverable. The Parties agree that RTI’s obligation to compensate Vendor for the price of goods on Services actually performed is contingent upon Vendor’s Version 2024 timely delivery of the goods by deliverables set forth in this Purchase Order. Therefore, notwithstanding any other provision of this Purchase Order, in the Sellerevent that Vendor, unless the goods are due to be collected by the Customer (reasons or their agent) or the Customer wrongfully circumstances outside of Vendor’s control, fails to take delivery deliver as specified in this Purchase Order, then RTI may deduct from Vendor’s fixed price and billable expenses any costs which RTI incurs in order to (i) acquire the deliverables from another source; and (ii) compensate its client for any failure by RTI to deliver on its contractual obligations which is a direct result of Vendor’s failure to complete the Services. Vendor shall within ten (10) days of RTI’s written request compensate or refund RTI for the foregoing amounts. e. In the event that RTI’s payments to Vendor exceed the amount owed by RTI, then Vendor shall promptly refund the difference to RTI, but in any event within twenty (20) days of written demand by RTI. f. RTI shall issue payments by Electronic Funds Transfer (EFT). Within ten (10) days of the goods or delays installationexecution of this Purchase Order, in which event the Seller Vendor shall submit a completed EFT form provided by RTI. All EFT information and any changes to EFT information shall be entitled to invoice the Customer for the price at any time after the Seller has notified the Customer that the goods are ready for collection or (as the case may be) the Seller has tendered delivery of the goods. Subject to clause 2 d) below, charges for services are payable on completion of the services. a) Where credit terms are allowed by the Seller sent to the Customer, the terms of payment of all invoices issued by the Seller to the customer are strictly 30 days from the date of invoice unless otherwise stated email address provided on the invoice. Where credit terms are not given by the Seller, the Customer will be required to pay by pro forma invoice, and only after payment has been received will the Customer’s order be processedform. b) The Seller reserves the right to charge interest on all or any sums not paid within 30 days from the date of invoice at the rate of 2% of the total invoiced amount for every period of 30 days (and pro rata for any part of a period of 30 days whether before or after judgement) from the due date of payment until the date of actual receipt of payment in full by the Seller. c) The Customer shall indemnify the Seller against any loss or expense sustained or incurred by the Seller as a result of any change in currency exchange rates or in exchange control or other governmental regulations by reason of or in connection with any failure on the part of the d) The Seller shall have the right to invoice the Customer for part delivery or provision of goods or services to the Customer notwithstanding the fact that other goods or services are to be delivered or provided to the Customer under the contract. e) If the goods or services are cancelled or delayed beyond the original date agreed at time of order acceptance, by Customer for convenience – Seller reserves the right to charge for any goods, services and costs already in process which cannot be delayed, deferred or cancelled. This includes hardware ordered or in transit from sub-contractors and suppliers which cannot be delayed or cancelled. Seller also reserves the right to charge for time and travel where additional site visits and work, over and above that originally agreed, are necessary. f) The Seller’s rights under this paragraph (2) shall be exercisable in addition to all and any other rights the Seller may have under these Terms and Conditions of Sale.

Invoicing and Payment Terms. Unless otherwise agreed in writing between the Customer and the Seller, the Seller shall be entitled to invoice the Customer for the price of goods on delivery of the goods by the Seller, unless the goods are to be collected by the Customer 1. Within thirty (or their agent30) or the Customer wrongfully fails to take delivery of the goods or delays installation, in which event the Seller shall be entitled to invoice the Customer for the price at any time after the Seller has notified the Customer that the goods are ready for collection or (as the case may be) the Seller has tendered delivery of the goods. Subject to clause 2 d) below, charges for services are payable on completion of the services. a) Where credit terms are allowed by the Seller to the Customer, the terms of payment of all invoices issued by the Seller to the customer are strictly 30 days from the first day of each calendar month, Maxis shall provide the Content Provider with a report showing the amount of revenue billed for subscriptions and content purchases (“Maxis Report”). The Maxis Report will be uploaded by Maxis in the MCP portal at ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇.▇▇, which can be downloaded by the Content Provider or it will be emailed to Content Provider. Computation of the payment to the Content Provider for the Content provided for any particular month shall be based solely on the Maxis Report and Vringo’s breakdown of what percent of the revenue for content purchase came from purchases of Vringo Content and what percent came from Partner Content 2. In the event of any dispute by the Content Provider regarding the Maxis Report, the Content Provider may within thirty (30) days from upload of the Maxis Report in the MCP portal by written notice, notify Maxis of the dispute failing which the Maxis’ Report shall be deemed final and conclusive as against the Content Provider. Upon receipt of the written notice, Parties shall investigate the variance and upon resolution of the same, the Content Provider can invoice Maxis for the difference, for which Maxis shall make the necessary payments (if any) to the Content Provider in the following month together with the payments due to the Content Provider for the transactions for the following month. 3. Where the Content Provider is a foreign company (i.e. without resident status), the Content Provider shall invoice Maxis each month for the Content Provider’s share of the fees for the previous month based on the Maxis Report. 4. Maxis shall pay all undisputed amounts within sixty (60) days from date of uploading of the Maxis Report in the MCP portal or receipt of the invoice unless otherwise stated from the Content Provider, whichever is applicable. 5. Maxis shall not be obliged to pay the Content Provider for unusual traffic caused by any access caused by fraudulent means. Fraudulent access in this regard shall include access not authorised by the Subscribers and/or Maxis, regardless of whether it was within the control of Maxis and/or the Subscribers. This shall include but not limited to hacking and spamming. 6. Maxis shall not be liable to make any payments apart from the Content Provider’s revenue share based on the invoiceMaxis Report or such other amounts as may be determined upon resolution of any dispute to it. Where credit Any other terms are not given by stated in the Seller, Content Provider’s invoice contrary to the Customer will provisions contained herein shall be required to pay by pro forma invoice, null and only after payment has been received will the Customer’s order be processedvoid. 7. Invoicing and payment currency 7.1 Content Provider with resident status (a) All invoices shall be issued in and payment made in Ringgit Malaysia (“RM”). 7.2 Content Provider without resident status (a) All invoices shall be issued in and payment made in United States Dollars (“USD”). (b) The Seller reserves invoice shall depict both the right RM sum (as per the Maxis Report) as well as the USD equivalent sum, converted at the applicable market rate of exchange which shall be the average of the buying and selling rates quoted by Malayan Banking Berhad (Maybank) for the last five (5) Business Days of the month for which the invoice is issued (i.e. invoicing month as per the Maxis Report). 8. Maxis shall settle all payments to charge interest the Content Provider by directly transferring money to Content Provider’s pre-determined bank account based on the details as provided below: Beneficiary’s Bank Name Silicon Valley Bank Beneficiary’s Bank Address ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Beneficiary’s Name Vringo, Inc. Beneficiary’s Bank Account No *** Swift Code /Sort Code/ IBAN No (whichever applicable) *** 9. For the purpose of this Agreement, the Fees specified above shall be inclusive of all taxes and duties payable in respect of the Content. 10. Parties shall be individually responsible to settle its respective taxes that may be due on its respective revenue share. Maxis may however withhold and pay any portion of the Content Provider’s portion of the revenue share due to the Content Provider in compliance with the requirements of the Malaysian Inland Revenue Board or any sums not paid within 30 days such other laws as may be in force from time to time, and receipts from the date of Malaysian Inland Revenue Board or such other authorities will be provided by Maxis to the Content Provider upon request. 11. In addition, if any goods and services tax (“GST”) is imposed on any goods or services supplied under this Agreement by the relevant Malaysian authorities, Maxis shall pay for the appropriate GST under each invoice in the event that the Content Provider has complied with the following: 11.1 the Content Provider is duly licensed by the relevant Malaysian authorities to collect such GST; 11.2 the appropriate GST for each invoice is included under the relevant invoice at the rate of 2% time of the total invoiced amount for every period issuance of 30 days (and pro rata for any part of a period of 30 days whether before or after judgement) from the due date of payment until the date of actual receipt of payment in full invoice; and 11.3 all invoices provided by the Seller. c) The Customer shall indemnify Content Provider to Maxis comply with the Seller against any loss or expense sustained or incurred relevant GST law enforced by the Seller as a result Malaysian authorities. The Content Provider hereby agrees that no GST amount shall be due and payable by Maxis unless the Content Provider has complied with the provisions of this Clause. The parties agree to use reasonable efforts to do everything required by the relevant GST law to enable or assist the other party to claim or verify any input tax credit, set off, rebate or refund in respect of any change in currency exchange rates GST paid or in exchange control or other governmental regulations by reason of or payable in connection with any failure on the part of the d) The Seller shall have the right to invoice the Customer for part delivery or provision of goods or services supplied under this Agreement. APPENDIX 4 SERVICE AVAILABILITY 95 % 95 % The Service Availability of the Content Provider and Maxis will be measured over a calendar month during each content’s specified playing time or interval. It is calculated as follows: A = Service Availability (%) TSUT = Total Service Up Time (Hr) TUDT = Total Unplanned Down Time (Hr) Note that Service Availability of Content Provider and Maxis respectively does not reflect the Service Availability of the content in totality due to the Customer notwithstanding mechanism of message exchange over the fact that other goods public Internet. FAULT MANAGEMENT Fault Reception / Initial Investigation Within 15 minutes Within 15 minutes 4 working hours 8 working hours Service Restoration 4 hours 8 hours 16 working hours 5 working days Fault Resolution 2 days 5 days Next scheduled release Agreed scheduled release FAULT PRIORITY LEVELS P1 Whole of or services a critical part of the system(s) unusable, causing immediate and significant business impact. A large number of users are not able to access the system. The access required is deemed urgent and demands immediate attention, or the system is business critical. Examples include (but are not limited to) failure of the Content Provider platform. P2 A significant, but not immediately critical, part of the system(s) unusable, creating some business impact. Some users are unable to access offerings of the service where no alternative methods of access are available. EXAMPLES INCLUDE (BUT ARE NOT LIMITED TO) ALL USERS CANNOT ACCESS PARTS OF THE SERVICE. P3 Disruption of a single element of the service(s). One or more users are unable to access the system. Alternative access or workarounds are available. P4 Non-urgent or cosmetic problem, causing inconvenience only. Workaround are available. A request for information or query. Status will be delivered or provided reported at a minimum every thirty minutes to the Customer under the contractappointed representative. e) If the goods or services are cancelled or delayed beyond the original date agreed at time of order acceptance, by Customer for convenience – Seller reserves the right to charge for any goods, services and costs already in process which cannot be delayed, deferred or cancelled. This includes hardware ordered or in transit from sub-contractors and suppliers which cannot be delayed or cancelled. Seller also reserves the right to charge for time and travel where additional site visits and work, over and above that originally agreed, are necessary. f) The Seller’s rights under this paragraph (2) shall be exercisable in addition to all and any other rights the Seller may have under these Terms and Conditions of Sale.

Invoicing and Payment Terms. 2.1 Unless otherwise agreed in writing between the Customer and the Seller, the Seller shall be entitled to invoice the Customer for the price of goods on delivery of the goods by the Seller, unless the goods are to be collected by the Customer (or their agent) or the Customer wrongfully fails to take delivery of the goods good or delays installationinstallation , in which event the Seller shall be entitled to invoice the Customer for the price at any time after the Seller has notified the Customer that the goods are ready for collection or (as the case may be) the Seller has tendered delivery of the goods. Subject to clause 2 d) below, charges . 2.2 Charges for services are will become payable either on completion or by monthly interim billing from the commencement of the servicesservice, whichever is the earlier. a) 2.3 Where credit terms are allowed by the Seller to the Customer, the terms of payment of all invoices issued by the Seller to the customer are strictly 30 days from the date of invoice unless otherwise stated on the invoice. Where credit terms are not given by the Seller, the Customer will be required to pay by pro forma invoice, and only after payment has been received will the Customer’s order be processed. b) 2.4 The Seller reserves the right to charge interest on all or any sums not paid within 30 days from the date of invoice at the rate of 2% of the total invoiced amount for every period of 30 days (and pro rata for any part of a period of 30 days whether before or after judgement) from the due date of payment until the date of actual receipt of payment in full by the Seller. c) 2.5 The Customer shall indemnify the Seller against any loss or expense sustained or incurred by the Seller as a result of any change in currency exchange rates or in exchange control or other governmental regulations by reason of or in connection with any failure on the part of thethe Customer to pay any sum payable hereunder within 30 days of the date of the invoice. d) 2.6 The Seller shall have the right to invoice the Customer for part delivery or provision of goods or services to the Customer notwithstanding the fact that other goods or services are to be delivered or provided to the Customer under the contract. e) 2.7 If the goods or services are cancelled or delayed beyond the original date agreed at time of order acceptance, by Customer customer for convenience – Seller reserves the right to charge for any goods, services and costs already in process which cannot be delayed, deferred or cancelled. This includes hardware ordered or in transit from sub-contractors and suppliers which cannot be delayed or cancelled. Seller also reserves the right to charge for time and travel where additional site visits and work, over and above that originally agreed, are necessary. f) . The Seller’s rights under this paragraph (2) shall be exercisable in addition to all and any other rights the Seller may have under these Terms and Conditions of Sale.

Invoicing and Payment Terms. Unless otherwise agreed in writing between the 4.1 USIC will remit monthly invoices to Customer and the Seller, the Seller via Customer specified email address. 4.2 All amounts payable under this Contract shall be entitled paid on a net thirty (30) days basis, following the date of invoice. 4.3 A 3% late payment fee will be assessed for any invoice past due. 4.4 If Customer fails to pay any invoice pursuant to the Customer for the price payment terms set out in this section, then USIC may give written notice describing such breach (“Notice of goods on delivery of the goods by the Seller, unless the goods are to be collected by the Customer (or their agent) Default”). If such material breach is not curable or the Customer wrongfully fails to take delivery pay USIC’s invoices within ten (10) days following receipt of the goods or delays installationNotice of Default then, at the option of USIC, this Agreement shall terminate, in which event addition to all the Seller shall be entitled other rights and remedies available to invoice the Customer for the price non-breaching party under this Agreement and at any time after the Seller has notified the Customer that the goods are ready for collection or (as the case may be) the Seller has tendered delivery of the goods. Subject to clause 2 d) below, charges for services are payable on completion of the serviceslaw and in equity. 4.5 If Customer fails to pay any Invoice according to the provisions of this Agreement and (a) Where credit terms are allowed by the Seller to the Customer, the terms of payment of all invoices issued by the Seller to the customer are strictly 30 days from the date of invoice unless otherwise stated on the invoice. Where credit terms are not given by the Seller, the Customer will be required to pay by pro forma invoice, and only after payment has been received will the Customer’s order be processed. b) The Seller reserves the right to charge interest on all or any sums not paid within 30 days from the date of invoice at the rate of 2% of the total invoiced amount such failure continues for every period of 30 days (and pro rata for any part of a period of 30 days whether before five Business Days after written Notice of such failure is provided to Customer or after judgement(b) from USIC has reasonable grounds for insecurity regarding the due date performance by Customer of payment until any obligation under this Agreement, then USIC, by delivery of written Notice to Customer, may demand Adequate Assurance by Customer. “Adequate Assurance” means, at the date option of actual receipt of Customer, (i) the advance payment in full cash by Customer to USIC for Work or (ii) delivery to USIC by Customer of a letter of credit in an amount equal to not less than the Seller. c) The aggregate amounts owed from Customer shall indemnify to USIC hereunder for the Seller against any loss or expense sustained or incurred by the Seller as a result prior two month period. If Customer fails to provide Adequate Assurance to USIC within 72 hours of any change in currency exchange rates or in exchange control or other governmental regulations by reason of or in connection with any failure on the part of the d) The Seller USIC’s request, USIC shall have the right to invoice the Customer for part delivery or provision of goods or services to the Customer notwithstanding the fact that other goods or services are to be delivered or provided to the Customer to, at its sole option, (i) renegotiate payment terms under the contract. eAgreement; (ii) terminate this Agreement upon written Notice to Customer, or (iii) suspend or reduce all services under this Agreement without prior Notice to Customer, in each case, without limiting any other rights or remedies available to USIC under this Agreement or otherwise. If the goods or services are cancelled or delayed beyond the original date agreed at time of order acceptance, by Customer for convenience – Seller reserves USIC exercises the right to charge for terminate this Agreement or suspend or reduce any goodsservices, services and costs already in process which canthen Customer shall not be delayedentitled to take, deferred or cancelled. This includes hardware ordered cause to be taken, any action hereunder or in transit from sub-contractors and suppliers which cannot be delayed otherwise against USIC for such termination, suspension, or cancelled. Seller also reserves the right to charge for time and travel where additional site visits and work, over and above that originally agreed, are necessaryreduction. f) The Seller’s rights under this paragraph (2) shall be exercisable in addition to all and any other rights the Seller may have under these Terms and Conditions of Sale.

Invoicing and Payment Terms. All Fees for Purchased Services shall be due and payable in advance of the Subscription Term or other commencement of services, or otherwise in accordance with the payment terms set forth on the respective Order. Unless otherwise agreed provided under the applicable Order, (i) the Minimum Commitment for Consumption Subscriptions will be invoiced as of the commencement of the Subscription Term and will be applied on a monthly basis against the Fees charged based on your actual usage of the Consumption Subscription; and (ii) once your payment of the Minimum Commitment has been fully satisfied by the Fees paid for your actual usage, you will be invoiced thereafter on a monthly basis through the remainder of the Subscription Term for the Fees incurred during the prior month from your actual utilization of the Consumption Subscription. Customer Added Workspot Services will be invoiced by Workspot pro-rata based on the time remaining (and/or any other applicable measures) for such Subscription Term per the applicable Fees for such Workspot Cloud Services. Customer Provisioned IaaS Services will be invoiced monthly in arrears as Fees and charges are incurred with respect to such services for so long as such Customer Provisioned IaaS Services are provisioned by Customer and not terminated. Unless otherwise provided under an Order, payment for Workspot Cloud Services shall be made in advance, either annually or in accordance with any different billing frequency stated in the applicable Order. Customer is advised to review invoices carefully and promptly notify Workspot of any invoice discrepancies. Workspot will not be liable to Customer for any billing discrepancies that are not reported to Workspot in writing between the Customer and the Seller, the Seller shall be entitled to invoice the Customer for the price of goods on delivery of the goods by the Seller, unless the goods are to be collected by the Customer within thirty (or their agent30) or the Customer wrongfully fails to take delivery of the goods or delays installation, in which event the Seller shall be entitled to invoice the Customer for the price at any time days after the Seller has notified the Customer that the goods are ready for collection or (as the case may be) the Seller has tendered delivery of the goods. Subject to clause 2 d) below, charges for services are payable on completion of the services. a) Where credit terms are allowed by the Seller to the Customer, the terms of payment of all invoices issued by the Seller to the customer are strictly 30 days from the date of the invoice unless otherwise stated on containing the invoicediscrepancy. Where credit terms are not given by Notwithstanding anything to the Sellercontrary in the foregoing, the Customer Orders processed through a Marketplace will be required paid through the Marketplace to pay the store merchant per the respective Order. If any Fees invoiced to Customer by pro forma invoice, and only after payment has been received will the Customer’s order be processed. b) The Seller reserves the right to charge interest on all or any sums Workspot are not paid within 30 thirty (30) days from the date of invoice at the rate of 2% of the total invoiced amount for every period of 30 days invoice date, Workspot may: (and pro rata i) accelerate the payment terms for any part of a period of 30 days whether before or after judgementunpaid Fees for Purchased Services; (ii) from immediately suspend the due date of payment Purchased Services until the date of actual receipt of payment in full is received; (iii) impose a late payment charge of the lower of one and one half percent (1.5%) per month and the highest interest rate permitted by applicable Law; and/or (iv) immediately cancel the SellerOrder for which Fees were due and/or terminate this Agreement. c) The Customer shall indemnify the Seller against any loss or expense sustained or incurred by the Seller as a result of any change in currency exchange rates or in exchange control or other governmental regulations by reason of or in connection with any failure on the part of the d) The Seller shall have the right to invoice the Customer for part delivery or provision of goods or services to the Customer notwithstanding the fact that other goods or services are to be delivered or provided to the Customer under the contract. e) If the goods or services are cancelled or delayed beyond the original date agreed at time of order acceptance, by Customer for convenience – Seller reserves the right to charge for any goods, services and costs already in process which cannot be delayed, deferred or cancelled. This includes hardware ordered or in transit from sub-contractors and suppliers which cannot be delayed or cancelled. Seller also reserves the right to charge for time and travel where additional site visits and work, over and above that originally agreed, are necessary. f) The Seller’s rights under this paragraph (2) shall be exercisable in addition to all and any other rights the Seller may have under these Terms and Conditions of Sale.