Annual True-Up. This cost or revenue is intended to cover changes in the estimated vs actual transportation costs, half of shared maintenance expenses, and estimated vs actual butane purchase costs. The cost or revenue is calculated by Energy Transfer Partners (“ETP”). Customer will pass ninety-five (95%) of this to Terminal Owner.
Annual True-Up. Within […***…] of the end of the applicable […***…] the Parties will reconcile the costs and expenses set forth in […***…] Expense Reports presented by Dimension in respect of the applicable […***…] (“Total Actual Expenses”) with the sum of the costs and expenses paid by Bayer in respect of the first […***…] Expense Reports plus the Estimated […***…] Payment (“Actual Plus Estimated Expenses”). If the Parties determine that the Actual Plus Estimated Expenses exceed Total Actual Expenses, then the amount of such excess will be credited against the amount due by Bayer in respect of the first […***…] of the following […***…] (or, if no such payment is anticipated, refunded by Dimension to Bayer within […***…] of such determination). If the Parties determine that Total Actual Expenses exceed Actual Plus Estimated Expenses, but that such actual costs and expenses are nonetheless within […***…] of the then-current Research Budget for the applicable […***…], then Bayer will include the excess amount owed to Dimension with the amount due by Bayer in respect of the first […***…] of the next […***…] (or, if no such payment is anticipated, paid by Bayer to Dimension upon receipt of an invoice under the following payment timing terms: if the invoice is received by Bayer at the above address prior to […***…], then payment shall be made by the […***…] in which the invoice was received. If the invoice is received by Bayer at the above address after the […***…], then the payment shall be made by the […***…] in which the invoice was received).
Annual True-Up. Within forty-five (45) days of the end of each fiscal year, the Parties shall cooperate in good faith to determine the actual amount of Applicable Bank Fees paid by Provider in connection with providing the Services to each Recipient Party pursuant to this Agreement during such fiscal year, and compare such amount to the amount budgeted for Applicable Bank Fees for each Recipient Party for such fiscal year. If the Parties mutually determine that such actual amount is greater than such budgeted amount, then the applicable Recipient Party shall, within thirty (30) days of such determination, pay to Provider the difference between such actual and budgeted amounts. In the event the Parties mutually determine that such actual amount is less than such budgeted amount, Provider shall, within thirty (30) days of such determination, pay to each Recipient Party the difference between such actual and budgeted amounts. For the avoidance of doubt, no costs other than the Applicable Bank Fees shall be subject to the true-up procedures set forth in this Section, but the actual costs and expenses of Provider shall, together with the actual Applicable Bank Fees, serve as a basis for determining the subsequent fiscal year’s Budgeted Service Costs for such fiscal year pursuant to Section 3(c) of this Schedule 7.1.
Annual True-Up. The Fee Reduction calculation for any Fee Obligation Period will applied one-time only for an SSA quarter and will not be adjusted for any of the following conditions:
1. Active Xxxxxxx received an Annual True Up debit for a material category for a relevant fee reduction distribution period.
2. Active Xxxxxxx received an Annual True Up credit for a material category for a relevant fee reduction distribution period. • Report Deadline = October 31, 2019 • SSA Calculation Date = January 15, 2020 • SSA Fees Payable = $100 • Fee Reduction Calculation Date = January 15, 2020 • Fee Reduction Rate = 98% Item Scenario Actual Report Submission Date Actual SSA Calculatio n Date Fees Payable Eligible for Fee Reduction Adjustment? Fee Reduction Amount 1 • ATU credit • Fee reduction overstated Oct 31, 2019 Jan 15, 2020 SSA=$10 0 ATU=- $20 No SSA: $100 x 98% = $98 ATU: n/a 2 • ATU debit • Fee reduction understated Oct 31, 2019 Jan 15, 2020 SSA=$100 ATU=$20 No SSA: $100 x 98% = $98 ATU: n/a
Annual True-Up. Within ninety (90) days following the end of each calendar year, Sublandlord shall deliver to Subtenant a statement of Subtenant’s Share of the actual cost of Utilities incurred for the preceding year, together with copies of all invoices for Utilities if requested by Subtenant. If on the basis of such statement Subtenant owes an amount that is more or less than the estimated payments for the preceding year previously made by Subtenant, Subtenant or Sublandlord, as the case may be, shall pay the deficiency to the other party within thirty (30) days after delivery of the statement. Failure or inability of Sublandlord to deliver the annual statement within such ninety (90) day period shall not impair or constitute a waiver of Subtenant’s obligation to pay in accordance with this Section for Utilities it consumes, or cause Sublandlord to incur any liability for damages.
Annual True-Up. At the conclusion of each fiscal year and promptly following the payment of the [****] Quarterly [****] Waiver Payments for the fourth fiscal quarter of the relevant year, AMD shall calculate, pursuant to Schedule 2(d)(i) for each relevant year in Column A, the total production wafer volume for such [****] Waiver Products on an aggregate basis supplied to AMD by [****] during such fiscal year multiplied by the [****] = Certain confidential information contained in this document, marked by brackets, has been omitted because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed. dollar amount in Column B that corresponds to [****] in Column C (such amount, the “[****] Annual [****] Waiver Payments”). To the extent the aggregate [****] Quarterly [****] Waiver Payments received by FoundryCo for the relevant year exceed the [****] Annual [****] Waiver Payments, then AMD shall invoice FoundryCo for the difference and FoundryCo shall reimburse AMD no later than [****] from receipt of the invoice. To the extent the aggregate [****] Quarterly [****] Waiver Payments received by FoundryCo for the relevant year are less than the [****] Annual [****] Waiver Payments, then AMD shall pay FoundryCo the difference no later than [****] from the end of the calendar year. Illustrative examples of [****] Quarterly [****] Waiver Payments are set forth in Schedule 2(d)(ii) hereof.
Annual True-Up. At least annually, Service Provider and each Service Recipient shall conduct a true-up under which Service Provider shall compare the Monthly Fee paid by such Service Recipient to the actual Allocations incurred by Service Provider or its Affiliates in connection with the provision of Services to such Service Recipient. Service Provider or such Service Recipient, as applicable, shall pay to the other Party the net amount owing as a result of any such true-up (the “True-Up Amount”), at such time and on such terms as may be agreed to by Service Provider and such Service Recipient. Notwithstanding the foregoing, Service Provider may, for any reason including upon request by any Service Recipient, in Service Provider’s sole discretion and at any time, perform such true-ups more frequently than annually.
Annual True-Up. (i) In any Contract Year, if the quantity of Output is less than the Estimated Output, then System Owner shall refund to Host Customer (a) such shortfall quantity (stated in kWh) times (b) the Output Price applicable to such Contract Year. Such amount shall be due thirty (30) days following the end of the subject Contract Year.
(ii) In any Contract Year, if the quantity of Output is greater than the Estimated Output, then Host Customer shall pay System Owner an amount equal to the product of (a) the excess quantity (stated in kWh) times (b) the Output Price applicable to such Contract Year. Such amount shall be due thirty (30) days following the end of the subject Contract Year.
Annual True-Up. 11.1 Within 90 days of the end of each Contract Year, BellSouth will conduct a review of Telepak Networks’ revenue to BellSouth to determine if Telepak Networks achieved or exceeded its Annual Revenue Commitment (“Annual True-Up”). During the Annual True-Up, BellSouth will calculate any adjustment in accordance with Section
Annual True-Up. During each calendar year and subject to Section 5.1(c) below, the price to be invoiced by Kamada for any shipment of Products purchased by Chiesi, shall be determined based on the Transfer Price in the previous year (the “Base Transfer Price”). During the first year in which Products are purchased by Chiesi, the Base Transfer Price to be used in Kamada's invoices shall be [*****] per each 4 mX xxxx. Within [*****]days following termination of each calendar year during the Term, the Parties shall determine, based upon the number of 4 mL vials of Products actually purchased by Chiesi during such calendar year, the applicable Transfer Price as calculated pursuant to Section 5.1(a). If the applicable Transfer Price is lower than the Base Transfer Price, Kamada shall issue a credit to Chiesi equal to the difference between the applicable Transfer Price and the Base Transfer Price multiplied by the number of 4 mL vials actually purchased by Chiesi during the applicable calendar year. The credit shall be offset against future purchases of Product by Chiesi or if the Agreement has been terminated Kamada shall make a payment to Chiesi for the full amount of such difference. If the calculated applicable Transfer Price is higher than the Base Transfer Price, Kamada shall invoice Chiesi for the difference and Chiesi shall make a payment to Kamada for the full amount of such difference in accordance with Section 5.2 below.
