ASSESSMENT, INVOICING AND PAYMENT OF LICENCE FEES. 4.1 The Licensee must pay for each Quarter the Licence Fee calculated in accordance with the formula in Schedule 1. 4.2 The Licensee must, within 30 days after the end of each Quarter, provide APRA with the revenue and music use information described in Schedule 2 in the form prescribed by APRA from time to time. 4.3 On execution of this agreement, APRA will issue an invoice for the provisional fee for the period from the commencement of the service to the next 31 March, 30 June, 30 September or 31 December, whichever date occurs first. The provisional fee will be based on APRA’s reasonable estimate of the fee payable by the Licensee under clause 4.1. 4.4 On APRA’s receipt of the information under clause 4.2 for the period referred to in clause 4.3, APRA must calculate the Licence Fee in accordance with the formula clause 4. 1. If this Licence Fee exceeds the provisional fee invoiced, the Licensee must pay the excess to APRA on receipt of an invoice specifying the amount. If the Licence Fee is less than the provisional fee invoiced, APRA must, at their option, either refund the amount of the difference to the Licensee or credit the difference to the Licensee’s account. 4.5 For all Quarters subsequent to the period referred to in clause 4.3. APRA will issue an invoice for the prepayment fee for the Quarter. APRA shall be entitled to rely on the latest information provided by the Licensee under clause 4.2 in order to calculate the prepayment fee. 4.6 On APRA’s receipt of the information under clause 4.2 for the Quarters referred to in clause 4.5, APRA must calculate the Licence Fee in accordance with the formula clause 4. 1. If this Licence Fee exceeds the prepayment fee invoiced, the Licensee must pay the excess to APRA on receipt of an invoice specifying the amount. If the Licence Fee is less than the prepayment fee invoiced, APRA must, at their option, either refund the amount of the difference to the Licensee or credit the difference to the Licensee’s account. 4.7 The Licensee must pay any invoice issued by APRA within 14 days after the date of the invoice. 4.8 On APRA’s receipt of the information under clause 8, APRA may issue an invoice for any additional licence fees payable. The Licensee must pay any invoice issued under this clause within 14 days after the date of the invoice. 4.9 The Licensee must pay APRA interest at the Agreed Rate on each amount outstanding under this agreement.
Appears in 1 contract
Samples: Digital Music Service Agreement
ASSESSMENT, INVOICING AND PAYMENT OF LICENCE FEES. 4.1 5.1 The Licensee must pay for each Quarter the Licence Fee calculated in accordance with the formula in Schedule 1.
4.2 The 5.2 At APRA’s request Licensee must, within 30 days after the end of each Quarter, provide APRA with the revenue and music use information described in Schedule 2 in the form reasonably prescribed by APRA from time to time.
4.3 5.3 If in the reasonable option of APRA, an upgrade to the current form will require the Licensee to adjust its systems significantly, APRA must:
(a) provide the Licensee with reasonable prior notice of all such upgrades or new versions; and
(b) allow the Licensee reasonable time to implement and make adjustments to its currentsystems to accommodate the upgrade and new version.
5.4 On execution of this agreement, APRA will may issue an invoice for the provisional fee for the period from the commencement of the service Subscription Service to the next 31 March, 30 June, 30 September or 31 December, whichever date occurs first. The provisional fee will be based on APRA’s ’ reasonable estimate of the fee payable by the Licensee under clause 4.1.
4.4 5.5 On APRA’s ’ receipt of the information under clause 4.2 for the period referred to in clause 4.3, APRA must calculate the Licence Fee in accordance with the formula clause 4.
14.1. If this Licence Fee exceeds the provisional fee invoiced, the Licensee must pay the excess to APRA on receipt of an invoice specifying the amount. If the Licence Fee is less than the provisional fee invoiced, APRA must, at their the Licensee’s option, either refund the amount of the difference to the Licensee or credit the difference to the Licensee’s account. When exercising that option APRA will take Licensee’s reasonable interests into consideration.
4.5 5.6 For all Quarters subsequent to the period referred to in clause 4.3. APRA will may issue an invoice for the prepayment provisional fee for the Quarter. APRA shall be entitled to rely on the latest information provided by the Licensee under clause 4.2 in order to calculate the prepayment provisional fee.
4.6 5.7 On APRA’s ’ receipt of the information under clause 4.2 for the Quarters referred to in clause 4.5, APRA must calculate the Licence Fee in accordance with the formula clause 4.
14.1. If this Licence Fee exceeds the prepayment provisional fee invoiced, the Licensee must pay the excess to APRA on receipt of an invoice specifying the amount. If the Licence Fee is less than the prepayment provisional fee invoiced, APRA must, at their the Licensee’s option, either refund the amount of the difference to the Licensee or credit the difference to the Licensee’s account. When exercising that option APRA will take Licensee’s reasonable interests into consideration.
4.7 5.8 APRA will send all invoices to the Licensee as an email attachment unless the Licensee requests otherwise.
5.9 The Licensee must pay any invoice issued by APRA within 14 30 days after the date of the invoice.
4.8 5.10 On APRA’s receipt of the information under clause 87, APRA may issue an invoice for any additional licence fees payable. The Licensee must pay any invoice issued under this clause within 14 30 days after the date of the invoice.
4.9 5.11 The Licensee must pay APRA interest at the Agreed Rate on each amount outstanding under this agreement.
Appears in 1 contract
Samples: Digital Music Service Agreement
ASSESSMENT, INVOICING AND PAYMENT OF LICENCE FEES. 4.1 5.1 The Licensee must pay for each Quarter the Licence Fee calculated in accordance with the formula in Schedule 1.
4.2 The 5.2 At AMCOS’ request the Licensee must, within 30 days after the end of each Quarter, provide APRA AMCOS with the revenue and music use information described in Schedule 2 in the form reasonably prescribed by APRA AMCOS from time to time.
4.3 5.3 If in the reasonable option of AMCOS, an upgrade to the current form will require the Licensee to adjust its systems significantly, AMCOS must:
(a) provide the Licensee with reasonable prior notice of all such upgrades or new versions; and
(b) allow the Licensee reasonable time to implement and make adjustments to its currentsystems to accommodate the upgrade and new version.
5.4 On execution of this agreement, APRA will AMCOS may issue an invoice for the provisional fee for the period from the commencement of the service Subscription Service to the next 31 March, 30 June, 30 September or 31 December, whichever date occurs first. The provisional fee will be based on APRA’s AMCOS’ reasonable estimate of the fee payable by the Licensee under clause 4.1.
4.4 5.5 On APRA’s AMCOS’ receipt of the information under clause 4.2 for the period referred to in clause 4.3, APRA AMCOS must calculate the Licence Fee in accordance with the formula clause 4.
14.1. If this Licence Fee exceeds the provisional fee invoiced, the Licensee must pay the excess to APRA AMCOS on receipt of an invoice specifying the amount. If the Licence Fee is less than the provisional fee invoiced, APRA AMCOS must, at their the Licensee’s option, either refund the amount of the difference to the Licensee or credit the difference to the Licensee’s account. When exercising that option AMCOS will take Licensee’s reasonable interests into consideration.
4.5 5.6 For all Quarters subsequent to the period referred to in clause 4.3. APRA will AMCOS may issue an invoice for the prepayment provisional fee for the Quarter. APRA AMCOS shall be entitled to rely on the latest information provided by the Licensee under clause 4.2 in order to calculate the prepayment provisional fee.
4.6 5.7 On APRA’s AMCOS’ receipt of the information under clause 4.2 for the Quarters referred to in clause 4.5, APRA AMCOS must calculate the Licence Fee in accordance with the formula clause 4.
14.1. If this Licence Fee exceeds the prepayment provisional fee invoiced, the Licensee must pay the excess to APRA AMCOS on receipt of an invoice specifying the amount. If the Licence Fee is less than the prepayment provisional fee invoiced, APRA AMCOS must, at their the Licensee’s option, either refund the amount of the difference to the Licensee or credit the difference to the Licensee’s account. When exercising that option AMCOS will take Licensee’s reasonable interests into consideration.
4.7 5.8 AMCOS will send all invoices to the Licensee as an email attachment unless the Licensee requests otherwise.
5.9 The Licensee must pay any invoice issued by APRA AMCOS within 14 30 days after the date of the invoice.
4.8 5.10 On APRA’s receipt of the information under clause 87, APRA AMCOS may issue an invoice for any additional licence fees payable. The Licensee must pay any invoice issued under this clause within 14 30 days after the date of the invoice.
4.9 5.11 The Licensee must pay APRA AMCOS interest at the Agreed Rate on each amount outstanding under this agreement.
Appears in 1 contract
Samples: Digital Music Service Agreement
ASSESSMENT, INVOICING AND PAYMENT OF LICENCE FEES. 4.1 The Licensee must pay for each Quarter the Licence Fee calculated in accordance with the formula in Schedule 1.
4.2 The Licensee must, within 30 days after the end of each Quarter, provide APRA AMCOS with the revenue and music use information described in Schedule 2 in the form prescribed by APRA AMCOS from time to time.
4.3 On execution of this agreement, APRA AMCOS will issue an invoice for the provisional fee for the period from the commencement of the service to the next 31 March, 30 June, 30 September or 31 December, whichever date occurs first. The provisional fee will be based on APRA’s AMCOS’ reasonable estimate of the fee payable by the Licensee under clause 4.1.
4.4 On APRA’s AMCOS’ receipt of the information under clause 4.2 for the period referred to in clause 4.3, APRA AMCOS must calculate the Licence Fee in accordance with the formula clause 4.
14.1. If this Licence Fee exceeds the provisional fee invoiced, the Licensee must pay the excess to APRA AMCOS on receipt of an invoice specifying the amount. If the Licence Fee is less than the provisional fee invoiced, APRA AMCOS must, at their option, either refund the amount of the difference to the Licensee or credit the difference to the Licensee’s account.
4.5 For all Quarters subsequent to the period referred to in clause 4.3. APRA AMCOS will issue an invoice for the prepayment fee for the Quarter. APRA AMCOS shall be entitled to rely on the latest information provided by the Licensee under clause 4.2 in order to calculate the prepayment fee.
4.6 On APRA’s AMCOS’ receipt of the information under clause 4.2 for the Quarters referred to in clause 4.5, APRA AMCOS must calculate the Licence Fee in accordance with the formula clause 4.
14.1. If this Licence Fee exceeds the prepayment fee invoiced, the Licensee must pay the excess to APRA AMCOS on receipt of an invoice specifying the amount. If the Licence Fee is less than the prepayment fee invoiced, APRA AMCOS must, at their option, either refund the amount of the difference to the Licensee or credit the difference to the Licensee’s account.
4.7 The Licensee must pay any invoice issued by APRA AMCOS within 14 days after the date of the invoice.
4.8 On APRA’s AMCOS’ receipt of the information under clause 89, APRA AMCOS may issue an invoice for any additional licence fees payable. The Licensee must pay any invoice issued under this clause within 14 days after the date of the invoice.
4.9 The Licensee must pay APRA AMCOS interest at the Agreed Rate on each amount outstanding under this agreement.
Appears in 1 contract
Samples: Digital Music Service Agreement