Marketing Expenditures Sample Clauses

The Marketing Expenditures clause defines how costs related to marketing activities will be managed and allocated between the parties involved in an agreement. Typically, it outlines which party is responsible for funding specific marketing initiatives, sets spending limits or budgets, and may require prior approval for certain expenses. This clause ensures transparency and control over marketing-related spending, helping to prevent disputes and maintain alignment on promotional strategies.
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Marketing Expenditures. Promptly following the date of this Agreement, the Company shall (i) retain an advertising agency reasonably acceptable to the Company and the Purchaser (the "Agency") for advertising and marketing services on terms reasonably acceptable to Purchaser, and (ii) commit to spend at least $56,000 for advertising and marketing services to be provided by the Agency; provided, however, that, notwithstanding anything to the contrary contained in this Agreement, such amount shall be considered expensed for purposes of calculation of the Working Capital Adjustment without regard to GAAP, and (iii) provide and pay for ongoing pre-Closing advertising and marketing expenditures in a commercially reasonable fashion based upon the recommendations of the Agency and the review and approval by the Key Managers and Purchaser; provided, however, that notwithstanding anything to the contrary set forth in this Agreement, the amount of such expenditures shall be treated in accordance with GAAP for purposes of the Working Capital Adjustment.
Marketing Expenditures. The V.P. of marketing has sign-off authority on ---------------------- any marketing expenditures that fall within quarterly budgets outlined above.
Marketing Expenditures a. FRANCHISEE shall allocate, for expenditures for marketing purposes, six percent of FRANCHISEE's total monthly Gross Receipts ("Marketing Allocation"), to be thereafter used for advertising and marketing the Franchised Business in a manner set forth in this Section 10.3. b. FRANCHISEE shall remit to GREASE MONKEY a marketing materials fee ("Marketing Materials Fee") of up to one-sixth of the total Marketing Allocation (one percent of Gross Receipts). The Marketing Materials Fee may be changed from time to time by GREASE MONKEY, upon 30 days prior written notice to FRANCHISEE, except that the Marketing Materials Fee will in no event exceed one sixth of the total Marketing Allocation (one percent of Gross Receipts). The Marketing Materials Fee is payable concurrently with the payment of the Royalty, within 10 days following the end of the month, based on the amount of Gross Receipts of the previous month. The Marketing Materials Fee shall be deposited in a separate bank account, commercial account or savings account ("Account"). Upon request, GREASE MONKEY shall make available to FRANCHISEE an annual financial report for the Account which indicates how the Account has been spent. The Account will be administered by GREASE MONKEY, in its sole discretion. GREASE MONKEY may reimburse itself for independent audits, reasonable accounting, bookkeeping, reporting and legal expenses, taxes and any and all other reasonable direct or indirect expenses as may be incurred by GREASE MONKEY or its authorized representatives in connection with the programs funded by the Account. c. FRANCHISEE shall retain for regional or local advertising purposes the remaining portion of the total Marketing Allocation to a marketing fund administered by FRANCHISEE, which shall be used for regional and/or local advertising. FRANCHISEE shall prepare and submit to GREASE MONKEY a report accounting for and evidencing the use of these funds for advertising. The report shall be submitted to GREASE MONKEY concurrently with the remittance of the Marketing Materials Fee and the Royalty to GREASE MONKEY. d. GREASE MONKEY reserves the right, upon 30 days prior written notice to FRANCHISEE, to collect all or any part of the remaining Marketing Allocation (five percent of Gross Receipts) to be used for regional advertising or paid into a regional advertising fund and no longer retained by FRANCHISEE. GREASE MONKEY shall not exercise this right, however, until such time as GREASE MONKEY determines, i...
Marketing Expenditures. During the one year period following the Launch Date, Company agrees to expend up to $10,000 on marketing and promotion of the Stockwalk Services; provided however, that the $10,000 required marketing amount shall be reduced by $1 for each Customer that has registered to use the Stockwalk Services as of one year following the Launch Date.
Marketing Expenditures. For three years following the first commercial sale of the Product in the Territory, Distributor shall invest and spend at least $1,000,000 in Marketing Expenses on the Product in the Territory. Distributor shall draft a “Sales and Marketing Expenditure Plan” to be submitted to Ampio for its review and comment not later than three (3) months prior to the planned commercial launch of the Product in the Territory. Thereafter, Distributor shall prepare annual updates to the Sales and Marketing Expenditure Plan for each calendar year before September 15 of the prior year. Each draft of the Sales and Marketing Expenditure Plans shall be reviewed by the Steering Committee, and Distributor shall in good faith take into account any comments from the Steering Committee in connection with the finalization of each Sales and Marketing Expenditure Plan. Following the receipt of comments, if any, from the Steering Committee, Distributor shall finalize the Sales and Marketing Expenditure Plan with the terms and expenditures, including (i) a budget for aggregate annual sales and marketing expenditures (the “Budget”) and (ii) the targeted number of sales calls to physicians, determined appropriate by Distributor in its sole discretion (“Target Sales Calls”). Distributor shall submit each such final Sales and Marketing Expenditure Plan to the Steering Committee for its official records retention (which, in the case of annual updates, shall be submitted not later than November 15 of the prior year); provided, however that Distributor may amend and revise any such final Sales and Marketing Expenditure Plan to reflect any material change in condition not reasonably within the control of Distributor (including, but not limited to, Product safety issues, recalls, changes in regulatory requirements, interruption of supply and backorders). Upon written request from Ampio, Distributor shall affirm to Ampio its compliance with the foregoing minimum marketing expenditures and sales calls. If, however, Distributor fails to spend the minimum Budget amount or conduct such minimum Target Sales Calls, and Distributor further fails to cure such deficiencies within the first six (6) months of the following period, Ampio may elect to convert the appointment in Section 1.1. of this Agreement to non-exclusive in the Territory by providing written notice to Distributor.
Marketing Expenditures. Agent and Owner agree to determine each party’s responsibility for marketing expenses prior to the time said expenses are to be incurred.
Marketing Expenditures. Unless the parties otherwise agree in writing, each party shall pay and be solely responsible for its respective marketing expenditures incurred in connection with the promotion of the Instrument Express Program and PCMS Services, including the payment of sales bonuses and commissions associated with the Customer Agreements and the revenue provided under them.
Marketing Expenditures. The Percentage Rent set forth herein, reflects a reduction to account for Lessor’s agreement herein to fund 10% of the total revenues received by Lessee from Post-Closing Deposits of the Human Banking Business during the Leaseback Period for marketing purposes, including, but not limited to, hiring persons focused on marketing, promotion and/or sales (“Marketing Expenditures”). During each year of the Term, Lessee shall spend the Marketing Expenditures, and Lessor and Lessee shall agree on the allocation of the Marketing Expenditures prior to any such expenditure being undertaken. For avoidance of doubt, Percentage Rent has already been reduced for the purpose of funding Marketing Expenditures, and no further reductions to the Percentage Rent or payments by Lessor are required.

Related to Marketing Expenditures

  • ▇▇▇▇▇▇’S EXPENDITURES If any action or proceeding is commenced that would materially affect ▇▇▇▇▇▇’s interest in the Collateral or if Borrower fails to comply with any provision of this Agreement or any Related Documents, including but not limited to Borrower’s failure to discharge or pay when due any amounts Borrower is required to discharge or pay under this Agreement or any Related Documents, Lender on Borrower’s behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on any Collateral and paying all costs for insuring, maintaining and preserving any Collateral. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by ▇▇▇▇▇▇▇▇. All such expenses will become a part of the Indebtedness and, at Lender’s option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note’s maturity.

  • Expenditures The Assuming Institution will pay such bills and invoices on behalf of the Receiver and the Corporation as the Receiver or the Corporation may direct for the period beginning on the date of the Bank Closing Date and ending on Settlement Date. The Assuming Institution shall submit its requests for reimbursement of such expenditures pursuant to Article VIII of this Agreement.

  • Capital Expenditures The Issuer shall not make any expenditure (by long-term or operating lease or otherwise) for capital assets (either realty or personalty).

  • Operating Expenses During the term of this Lease Tenant shall pay to Landlord as additional rent all ad valorem taxes and operating expenses and other charges of every kind and nature (“Operating Expenses”) incurred or paid by Landlord in connection with the maintenance, repair, operation, management, or ownership of the Premises. If requested, Tenant agrees to pay Landlord on the first day of each calendar month, together with the payment of rent, such amount as Landlord estimates from time to time as necessary to pay such expenses. Landlord shall ▇▇▇▇ Tenant annually after the end of each year for such expenses. In the event the aggregate of Tenant’s installments during the year shall be less than the amount of Operating Expenses due from Tenant, such deficiency shall be paid to Landlord within ten (10) days after demand therefore. In the event the aggregate of Tenant’s installments during the year shall be more than the amount of Operating Expenses due from Tenant, such overpayment shall be applied to Tenant’s next monthly installment of Operating Expenses and Rent. As used herein, the term “Operating Expenses” shall include the cost of maintaining casualty and public liability insurance covering the Premises, real estate ad valorem taxes and all costs of managing, operating and maintaining the Premises, including but not limited to: costs of constructing, maintaining and repairing on site and off-site traffic controls; decorating, painting, lighting, sanitary control, and removal of trash, garbage and other refuse; maintenance, repair and replacement of utility systems serving any common areas, including water, sanitary sewer and storm water lines and other utility lines, pipes and conduits; costs of utilities, including water, sewer, electricity, and gas; janitorial, sweeping and cleaning services, trash bin rentals, trash pickup fees, licenses, permits and inspection fees; parking lot painting and restriping; planting, irrigating, gardening and landscaping; signs and markers; parking control and security guards and fire protection or detection service; all general maintenance and repair; other general operation and maintenance costs and expenses; all labor and supplies required by the foregoing; and administrative costs directly attributable thereto.

  • Operating Costs Tenant shall pay to Landlord the Tenant’s Percentage of Operating Costs (as hereinafter defined) incurred by Landlord in any calendar year. Tenant shall remit to Landlord, on the first day of each calendar month, estimated payments on account of Operating Costs, such monthly amounts to be sufficient to provide Landlord, by the end of the calendar year, a sum equal to the Operating Costs, as reasonably estimated by Landlord from time to time. The initial monthly estimated payments shall be in an amount equal to 1/12th of the Initial Estimate of Tenant’s Percentage of Operating Costs for the Calendar Year. If, at the expiration of the year in respect of which monthly installments of Operating Costs shall have been made as aforesaid, the total of such monthly remittances is greater than the actual Operating Costs for such year, Landlord shall promptly pay to Tenant, or credit against the next accruing payments to be made by Tenant pursuant to this subsection 4.2.3, the difference; if the total of such remittances is less than the Operating Costs for such year, Tenant shall pay the difference to Landlord within twenty (20) days from the date Landlord shall furnish to Tenant an itemized statement of the Operating Costs, prepared, allocated and computed in accordance with generally accepted accounting principles. Any reimbursement for Operating Costs due and payable by Tenant with respect to periods of less than twelve (12) months shall be equitably prorated.