PRICING/FEES Clause Samples

PRICING/FEES. 5.1 Beginning on the Effective Date, each Fund shall pay Supplier for Services provided under this Agreement as may be agreed upon in writing from time to time by the Parties (such agreement, the “Fee Schedule”). Upon the termination of this Agreement (or termination of its coverage with respect to a Fund) before the end of any month, the fee for the part of the month before such termination shall be prorated according to the proportion which such part bears to the full monthly period and shall be payable upon the date of termination of this Agreement (or termination of its coverage with respect to a Fund). Further, each Fund agrees to reimburse Supplier for such other expenses reasonably incurred in connection with this Agreement as may be mutually agreed upon in writing by the Parties from time to time. 5.2 Fees for additional Services not listed on the Fee Schedule shall be as mutually agreed in writing among the Parties. 5.3 The Parties agree that, except as provided in this paragraph, the Fee Schedule shall not be amended until after June 13, 2010. In the event of a substantial change in the mix of fund types, or in the event of new fund types being added to the Funds, the Parties shall review the fees paid per Fund and an appropriate fee adjustment shall be negotiated. Notwithstanding anything herein to the contrary, Supplier reserves the right to renegotiate the fee schedule in the event: (i) Supplier reasonably expects that the aggregate fees paid to it under this Agreement, its agreement with the Funds and CMA relating to fund accounting and its custodial agreements with the Funds will fall below twenty million dollars ($20M) on an annualized basis, (ii) there is a material increase in the assets under management of a Fund due to a merger, acquisition or other event out of the ordinary course of business (i.e. not due to organic fund growth), provided, however, that in the event that this subsection (ii) applies, Supplier may increase the fee cap only for the Fund that engaged in the triggering transaction, or (iii) the termination of either but not both of this Agreement and Supplier’s agreement with the Funds and CMA relating to fund accounting. In addition, fees for activities of a non-recurring nature, such as Fund consolidations or reorganizations, and the preparation of special reports will be reasonable and subject to negotiation.

PRICING/FEES. 6.1 Subject to Section 6.2 hereof, Bank of America shall pay Supplier for Services provided under this Agreement as set forth in serially-numbered SCHEDULE B’s (Service Fees) (e.g. “SCHEDULE B”, “SCHEDULE B-1”, “SCHEDULE B-2”). For example, SCHEDULE B-1 specifies the Services Fees for the Aggregation Services. 6.2 Bank of America shall not be required to pay for Services that are not requested by Bank of America and documented in an Order. Fees for additional Services not listed in a serially-numbered SCHEDULE B shall be as mutually agreed in writing between Bank of America and Supplier prior to performance. No fees for additional Services shall be due unless such Services and fees are agreed to in writing by Bank of America prior to Supplier’s performance thereof.

PRICING/FEES. Please see Pricing Sheet (Attachment A) Will accept proposals which includes items listed on Pricing Sheet.

PRICING/FEES. Fees for the DepositNOW Service are as set forth in the Bank’s Miscellaneous Fee Schedule, as the same may be amended from time to time, and such schedule, as it exists from time to time is hereby, incorporated herein by reference. Any increases in governmental or access fees charged to Valley may immediately be passed onto Customer at cost without notice. Except for such changes in governmental or access fees, Valley will provide notice to the Customer via their statement or other method prior to any increase of fees. Your use of the Services subsequent to any change in Valley's Miscellaneous Fee Schedule for the DepositNOW Services shall constitute your agreement to any change, including any increase in fees, therein. Monthly fees for the DepositNOW Service will be automatically debited from the Customer’s main deposit account at Valley. If an item you transmit for deposit is dishonored, rejected or otherwise returned unpaid, you agree that we may charge back the amount of the return to the account the check was originally deposited to and you will be assessed a fee in the amount shown on Valley’s Miscellaneous Fee Schedule for Returned Deposited Items as it exists from time to time. If there are not sufficient funds in your account to cover the amount of the returned check, the account will be overdrawn and you will be responsible for payment. You agree that we may debit any account maintained by you in order to obtain payment of your obligations under this agreement. You acknowledge that wireless providers may assess fees, limitations or restrictions. You agree that you are solely responsible for all such fees, limitations and restrictions.

PRICING/FEES. All service fees are based as starting prices. Additional charges, coat conditions, special breeds, add-on services, special handling fees, special accommodations, grooming, bathing, boarding, and daycare are subject to change with or without notice. Additionally, all services are subject to necessary increases contingent to vendor and suppliers increased cost, increased taxes, insurances, cost of living, and increased City, State or Federal regulations.

PRICING/FEES. Please include in your response an outline of fees and expenses that you will be charging the University for this Service.

PRICING/FEES. In consideration of and subject to the satisfactory performance and delivery by Contractor of the Work, the Judicial Council shall pay to Contractor the fees as set forth in this Annex 2. Except as expressly set forth in this Appendix B: (i) such fees are the entire compensation for all Work under this Agreement; and (ii) all expenses relating to the Work are included in such fees and shall not be reimbursed by the Judicial Council. The maximum amount payable to Contractor under this Agreement will not exceed the Contract Amount. The Contract Amount may be changed only by amendment to this Agreement. Notwithstanding any provision in this Agreement to the contrary, payments to Contractor are contingent upon the timely and satisfactory performance of Contractor’s obligations under this Agreement. Contractor shall immediately refund any payment made in error. The Judicial Council shall have the right at any time to set off any amount owing from Contractor to the Judicial Council against any amount payable by the Judicial Council to Contractor under this Agreement.

PRICING/FEES. Participating Property agrees to pay Universal Points the applicable percentage of the Guests’ Eligible Charges as visually summarized in the table below (and further defined in the Terms of Use), which includes, without limitation, the redemption value of Loyalty Rewards and Universal Points Program Fees (collectively, “Fees”). The terms in the table below have the meanings given to them in this Section 5. “Room Rate” means the amounts that the Participating Property charges a Guest for a room at the Participating Property, but excluding the Ancillary Spend (as defined hereinafter). “Ancillary Spend” means all amounts incurred by a Guest during an Eligible Stay (as defined in the Terms of Use) at the Participating Property for optional amenities, including, without limitation, food, beverages, movies, services and other amenities or charges that are not generally included in the Room Rate by the Participating Property. As used below, “If Property signed up the guest” means that the Guest first enrolled through a direct marketing effort from the Participating Property via a special link or by a Participating Property employee using the agent enrollment functionality. “If Universal Points signed up the guest” (as used in the chart below) applies to all other enrollments. The Universal Points Program Fees for this hotel reflect an additional ‘Priority Hotel’ discount of 1%, from 3% to 2% and from 4% to 3%, respectively, as shown in the table below. These discounts will be valid for the Participating Property until the termination of this agreement. Universal Points Program Fees % of Eligible Charges Normal Fees ‘Priority Hotel’ Fees If Property signed up the guest For a period of 3 months from the Effective Date* 0% 0% Starting from the 4th month after the Effective Date 3% 2% If Universal Points signed up the guest 4% 3%

PRICING/FEES. All pricing and applicable fees are described in the Addendum for each Product. Pricing may be reviewed on a regular basis at the initiation of either Party, such initiation to be made in good faith based on prevailing market conditions impacting the Parties, but price reviews or disagreements regarding these shall not be grounds for termination provided pricing remains competitive based on fair and reasonable raw material cost standards. Anything else in this Agreement notwithstanding, the Parties shall discuss in good faith any increase or decrease in the price of materials or ingredients and pass these along, effective immediately for future purchases, to Buyer, on a monthly basis.