Common use of Billing, Payment and Taxes Clause in Contracts

Billing, Payment and Taxes. If Partner acquires Red Hat Products and/or Services directly from Red Hat, Red Hat will invoice Partner as set forth herein and may require receipt of a purchase order for any amounts due to Red Hat; provided, however, that any terms contained in a purchase order will not amend, supplement or modify the terms of this Agreement or be binding on Red Hat. Partner must pay all sums due to Red Hat either (a) net thirty (30) days from the date of invoice if Red Hat has approved Partner for such credit terms or (b) if Partner has not been approved for net thirty (30) day credit terms, then on a prepaid basis, in each case without regard to when or whether Partner collects payment from its customer(s). Partner will reimburse Red Hat for all costs and expenses incurred by Red Hat in connection with the collection of overdue amounts, including without limitation reasonable attorneys’ and/or legal fees. All amounts payable include Taxes. Partner will pay to Red Hat, in addition to any amounts due to Red Hat for Red Hat Products or Services, an amount equal to any Taxes arising from or relating to this Agreement that are paid or payable by Red Hat unless Partner presents Red Hat with a valid tax exemption or resale certificate. “Taxes” means any form of taxation, levy, duty, charge, contribution or impost of whatever nature and by whatever authority imposed, exclusive of any taxes based on the net income of Red Hat. In the event of a cross-border transaction, if Partner is required under any applicable law or regulation, domestic or foreign, to withhold or deduct any portion of the payments due to Red Hat, then the sum payable to Red Hat will be increased by the amount necessary for Red Hat to receive an amount equal to the sum it would have received had no withholdings or deductions been made, unless Partner provides Red Hat with the original withholding tax documentation that is sufficient for Red Hat to apply for and obtain a tax credit for the full withheld amount. The Parties will work together in good faith to minimize adverse tax consequences to Red Hat created by cross-border transactions. Any payments more than thirty (30) days past due will be subject to a late fee of one and one-half percent (1½%) per month, or the maximum rate allowable by law, whichever is less. 6.

Billing, Payment and Taxes. If Partner acquires Red Hat Products and/or Services directly from Red Hat, Red Hat will invoice Partner as set forth herein and may require receipt of a purchase order for any amounts due to Red Hat; provided, however, that any terms contained in a purchase order will not amend, supplement or modify the terms of this Agreement or be binding on Red Hat. Partner must pay all sums due to Red Hat either (a) net thirty (30) days from the date of invoice if Red Hat has approved Partner for such credit terms or (b) if Partner has not been approved for net thirty (30) day credit terms, then on a prepaid basis, in each case without regard to when or whether Partner collects payment from its customer(s). Partner will reimburse Red Hat for all costs and expenses incurred by Red Hat in connection with the collection of overdue amounts, including without limitation reasonable attorneys’ and/or legal fees. All amounts payable include Taxes. Partner will pay to Red Hat, in addition to any amounts due to Red Hat for Red Hat Products or Services, an amount equal to any Taxes arising from or relating to this Agreement that are paid or payable by Red Hat unless Partner presents Red Hat with a valid tax exemption or resale certificate. “Taxes” means any form of taxation, levy, duty, charge, contribution or impost of whatever nature and by whatever authority imposed, exclusive of any taxes based on the net income of Red Hat. In the event of a cross-border transaction, if Partner is required under any applicable law or regulation, domestic or foreign, to withhold or deduct any portion of the payments due to Red Hat, then the sum payable to Red Hat will be increased by the amount necessary for Red Hat to receive an amount equal to the sum it would have received had no withholdings or deductions been made, unless Partner provides Red Hat with the original withholding tax documentation that is sufficient for Red Hat to apply for and obtain a tax credit for the full withheld amount. The Parties will work together in good faith to minimize adverse tax consequences to Red Hat created by cross-border transactions. Any payments more than thirty (30) days past due will be subject to a late fee of one and one-half percent (1½%) per month, or the maximum rate allowable by law, whichever is less. 6.

Billing, Payment and Taxes. This Section applies to all Partners, except as otherwise set forth in Exhibit 2 ­ Country Unique Terms for Partners in certain countries. If Partner acquires Red Hat Products and/or Services directly from Red Hat, Red Hat will invoice Partner as set forth herein and may require upon Red Hat’s receipt of a purchase order for any amounts due to Red Hat; provided, however, that any the terms contained in a of such purchase order will not amend, supplement or modify the terms of the Agreement, this Agreement Reseller Track Appendix or be binding on Red Hat. Partner must pay all sums due to Red Hat either (a) net thirty (30) days from the date of invoice if Red Hat has approved Partner for such credit terms or (b) if Partner has not been approved for net thirty (30) day credit termsinvoice, then on a prepaid basis, in each case without regard to when or whether for when, and whether, Partner collects payment from End User. All amounts owed under the Agreement, this Reseller Track Appendix, or the applicable Program Guide are to be paid in the applicable currency and to the account as set forth in Exhibit 1 – Payment Instructions that corresponds to the country in which the particular Partner is incorporated or maintains its customer(s)principal place of business. Partner will reimburse Red Hat for all costs and expenses incurred by Red Hat in connection with the collection of overdue amounts, including without limitation reasonable attorneys’ and/or ’, solicitor’s, or legal fees. All amounts payable include shall be exclusive of any Taxes. Partner will pay to Red Hat, in addition to any amounts due to Red Hat for Red Hat Products or ServicesProducts, an amount equal to any Taxes arising from or relating to this Agreement that Agreement, including without limitation sales, service, use or value­added taxes, which are paid or are payable by Red Hat unless Partner presents or present Red Hat with a valid tax exemption or resale certificate. “"Taxes” " means any form of taxation, levy, duty, charge, contribution or impost of whatever nature and by whatever authority imposedimposed (including without limitation any fine, penalty, surcharge or interest), exclusive of any taxes based on the net income of Red Hat. In the event of a cross-border cross­border transaction, if should Partner is be required under any applicable law or regulation, domestic or foreign, to withhold or deduct any portion of the payments due to Red Hat, then the sum payable to Red Hat will be increased by the amount necessary for to yield to Red Hat to receive an amount equal to the sum it would have received had no withholdings or deductions been made, unless Partner provides Red Hat with the original withholding tax documentation that is sufficient for Red Hat to apply for and obtain a tax credit for the full withheld amount. The Parties parties will work together in good faith to minimize adverse tax consequences to Red Hat created by cross-border cross­border transactions. Any payments more than thirty (30) days past due will be subject to a late fee of one and one-half percent (1½%) per month, or the maximum rate allowable by law, whichever is less. 6.

Billing, Payment and Taxes. This Section applies to all Partners, except as otherwise set forth in Exhibit 2 - Country Unique Terms for Partners in certain countries. If Partner acquires Red Hat Products and/or Services directly from Red Hat, Red Hat will invoice Partner as set forth herein and may require upon Red Hat’s receipt of a purchase order for any amounts due to Red Hat; provided, however, that any the terms contained in a of such purchase order will not amend, supplement or modify the terms of the Agreement, this Agreement Reseller Track Appendix or be binding on Red Hat. Partner must pay all sums due to Red Hat either (a) net thirty (30) days from the date of invoice if Red Hat has approved Partner for such credit terms or (b) if Partner has not been approved for net thirty (30) day credit termsinvoice, then on a prepaid basis, in each case without regard to when or whether for when, and whether, Partner collects payment from End User. All amounts owed under the Agreement, this Reseller Track Appendix, or the applicable Program Guide are to be paid in the applicable currency and to the account as set forth in Exhibit 1 – Payment Instructions that corresponds to the country in which the particular Partner is incorporated or maintains its customer(s)principal place of business. Partner will reimburse Red Hat for all costs and expenses incurred by Red Hat in connection with the collection of overdue amounts, including without limitation reasonable attorneys’ and/or ’, solicitor’s, or legal fees. All amounts payable include shall be exclusive of any Taxes. Partner will pay to Red Hat, in addition to any amounts due to Red Hat for Red Hat Products or ServicesProducts, an amount equal to any Taxes arising from or relating to this Agreement that Agreement, including without limitation sales, service, use or value-added taxes, which are paid or are payable by Red Hat unless Partner presents or present Red Hat with a valid tax exemption or resale certificate. “"Taxes” " means any form of taxation, levy, duty, charge, contribution or impost of whatever nature and by whatever authority imposedimposed (including without limitation any fine, penalty, surcharge or interest), exclusive of any taxes based on the net income of Red Hat. In the event of a cross-border transaction, if should Partner is be required under any applicable law or regulation, domestic or foreign, to withhold or deduct any portion of the payments due to Red Hat, then the sum payable to Red Hat will be increased by the amount necessary for to yield to Red Hat to receive an amount equal to the sum it would have received had no withholdings or deductions been made, unless Partner provides Red Hat with the original withholding tax documentation that is sufficient for Red Hat to apply for and obtain a tax credit for the full withheld amount. The Parties parties will work together in good faith to minimize adverse tax consequences to Red Hat created by cross-border transactions. Any payments more than thirty (30) days past due will be subject to a late fee of one and one-half percent (1½%) per month, or the maximum rate allowable by law, whichever is less. 6.