Limitation on Fees Clause Samples

Limitation on Fees. Notwithstanding the foregoing provision, in no event shall the successful Party or Parties be entitled to recover an amount from the unsuccessful Party for costs, expenses and attorneys’ fees that exceeds the unsuccessful Party’s or Parties’ costs, expenses and attorneys’ fees in connection with the action or proceeding.

Limitation on Fees. Notwithstanding anything herein to the contrary, the payment of any fees or expenses pursuant to Articles 8 and 13 by the Company shall be subject to the limitations thereon contained in the Articles of Incorporation.

Limitation on Fees. Total fees and expenses incurred from and after May 1, 2003, of the legal advisors to the Company, the Official Committee and the existing senior secured lenders' agent related to the Chapter 11 Cases, Healthcare Partners, Inc., Houlihan Lokey, Alvarez & Marsal, Gleacher Partners, LLC and Kekst ▇▇▇ ▇▇▇▇a▇▇ (▇▇▇▇ ▇▇▇▇ and expenses shall specifically exclude the success fee payable to Houlihan Lokey, and any fees payable in respect of any exit financi▇▇) ▇▇▇▇l ▇▇▇ exceed $25 million, and the Purchasers shall have received evidence of the foregoing that is reasonably satisfactory to them.

Limitation on Fees. The Management Fees payable to the Managers shall be limited during the Initial Term to five percent (5%) of Total Revenues for each Facility (determined separately for each Facility) ("Base Management Fee") until such time that such Facility is producing an Operating Profit for three (3) consecutive calendar months. The unpaid two percent (2%) of the Management Fee shall be accrued without interest until an Operating Profit is achieved for three (3) consecutive calendar months ("Accrued Management Fee"). From and after the date that each Facility (determined separately for each Facility) produces an Operating Profit for not less than three (3) consecutive calendar months, the Managers shall be entitled to receive the full Management Fee and the Accrued Management Fee from prior periods for such Facility to the extent Operating Profit is available therefor. If there is an Operating Deficit for three (3) consecutive calendar months, the Management Fee for such Facility shall be limited to the Base Management Fee thereafter until Operating Profit is thereafter achieved for such Facility for three (3) consecutive calendar months. As set forth above, the computation of Base Management Fee, Accrued Management Fee, and the conditions under which the Accrued Management Fee is payable shall be determined separately for each Facility subject to this Agreement. Notwithstanding anything to the contrary contained herein, any obligation of Owners to pay any Accrued Management Fee for any Facility shall terminate automatically at the expiration of the Initial Term if Emeritus does not timely exercise or at such time as it is not entitled to exercise the Purchase Option set forth in Section 13, and in any event any Accrued Management Fee shall be paid solely out of Operating Profit for such Facility (and not out of Operating Profit for any other Facility) and neither the Facility Entities nor AL Investors Development shall have any liability to pay the Accrued Management Fee during the Initial Term or upon expiration or sooner termination of this Agreement from any other funds or by any Owner's Deficit Contribution pursuant to Section 8.3.

Limitation on Fees. Notwithstanding the foregoing, effective July 1, 2005, the portion of the fees payable under this Agreement retained by the Investment Adviser (after all permissible payments to AFS and third party service providers) will be limited to no more than 0.05% of average net assets per share class.

Limitation on Fees. (a) For so long as any Series 200_-_ Notes shall be Outstanding, the Issuer covenants and agrees that the Note Fees with respect to the Series 200_-_ Notes to be paid, or reimbursed to the Issuer, from the Administration Fund shall not, in any year, exceed the sum of (a) the annual fees of the Trustee, the Delaware Trustee, the Eligible Lender Trustee and the Market Agent in effect as of the Closing Date, plus (b) the Broker-Dealer Fees payable at the Broker-Dealer Fee Rate in effect as of the Closing Date, plus (c) the Auction Agent Fees payable at the Auction Agent Fee Rate in effect as of the Closing Date, unless the Rating Agency Condition is satisfied with respect to any such excess amount. (b) The Issuer covenants and agrees that the aggregate amount of Servicing Fees, Administration Fees and Note Fees paid from the Administration Fund shall not, in any Fiscal Year, exceed the sum of such fees provided for in the Cash Flows provided to each Rating Agency on the Closing Date for the Series 200_-_ Notes, unless a Rating Agency Condition is satisfied with respect to any such excess amount.

Limitation on Fees. Nothing contained in Section 9.2 or elsewhere in this Agreement shall require Owner or FOCIL Holdings to make distributions to its members or to sell portions of the “Mission Bay Land” and the “West Bluffs Lots”. Development Manager shall have no right to any Development Incentive Fee except as and when distributions are made by FOCIL Holdings to its members. Distributions will be made by FOCIL Holdings to its members and by Owner to FOCIL Holdings in FOCIL Holding’s discretion. Each of Owner and FOCIL Holdings, in its sole, absolute and non-reviewable discretion, may reserve any amounts against distributions to its members. Development Manager shall have no right to any Development Incentive Fees earned but not paid as a result of such reserves and shall only be entitled to payment of such Development Incentive Fees upon distributions by FOCIL Holdings to its members in accordance with Section 9.2 hereof.

Limitation on Fees. (1) An organiza- tion authorized to collect a fee under this section may collect from a bene- ficiary a monthly fee for expenses (in- cluding overhead) it has incurred in providing payee services to a bene- ficiary. The limit on the fee a qualified organization may collect for providing payee services increases by the same percentage as the annual cost of living adjustment (COLA). The increased fee amount (rounded to the nearest dollar) is taken beginning with the benefit for December (received in January). (2) Any agreement providing for a fee in excess of the amount permitted shall be void and treated as misuse of your benefits by the organization under § 404.2041. (3) A fee may be collected for any month during which the organization—

Limitation on Fees. Prior to the Securitization, if the Mortgage Loan becomes a Specially Serviced Mortgage Loan, and if not later than 30 days after the Mortgage Loan becomes a Specially Serviced Mortgage Loan the Controlling Noteholder (or its Junior Operating Advisor) elects to replace the Special Servicer, then each Noteholder agrees that no liquidation fees or workout fees shall be payable to the Special Servicer being replaced, unless such Special Servicer shall have either successfully completed a workout or a liquidation, in which case such fees shall be payable as provided herein.