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. Partner shall withhold two percent (2%) tax, as required by law, from the total Fees (excluding VAT) shown on the invoice issued by Red Hat; and shall timely remit such withheld taxes to the applicable tax authority. Upon making the said remittance of withholding tax, Partner shall present Red Hat with the legitimate supporting documents to evidence the said withholding tax as required by Indonesian law. Except for the aforesaid withholding tax, all amounts payable shall be exclusive of any Taxes and 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, including without limitation sales, service, use or value-added taxes, which are paid or are payable by Red Hat except to the extend any such taxes are covered by a valid tax exemption certificate presented to Red Hat by Partner. "

Billing, Payment and Taxes. If Partner acquires Red Hat Rancher Products and/or Services directly from Red HatRancher, Red Hat Rancher will invoice Partner as set forth herein and may require receipt of a purchase order for any amounts due to Red HatRancher; 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 HatRancher. Partner must pay all sums due to Red Hat Rancher either (a) net thirty (30) days from the date of invoice if Red Hat Rancher 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 Rancher for all costs and expenses incurred by Red Hat Rancher in connection with the collection of overdue amounts, including without limitation reasonable attorneys’ and/or legal fees. Partner shall withhold two percent (2%) tax, as required by law, from the total Fees (excluding VAT) shown on the invoice issued by Red Hat; and shall timely remit such withheld taxes to the applicable tax authority. Upon making the said remittance of withholding tax, Partner shall present Red Hat with the legitimate supporting documents to evidence the said withholding tax as required by Indonesian law. Except for the aforesaid withholding tax, all All amounts payable shall be exclusive of any Taxes and Taxes. Partner will pay to Red HatRancher, in addition to any amounts due to Red Hat Rancher for Red Hat Rancher Products or Services, an amount equal to any Taxes arising from or relating to this Agreement, including without limitation sales, service, use or value-added taxes, which Agreement that are paid or are payable by Red Hat except to the extend any such taxes are covered by Rancher unless Partner presents Rancher with a valid tax exemption certificate presented or resale certificate. In the event of a cross-border transaction, if Partner is required under and applicable law or regulation, domestic or foreign, to Red Hat withhold or deduct any portion of the payments due to Rancher, then the sum payable to Rancher will be increased by Partnerthe amount necessary for Rancher to receive an amount equal to the sum it would have received had no withholdings or deductions been made, unless Partner provides Rancher with the original withholding tax documentation that is sufficient for Rancher 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 Rancher 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.