Common use of Buyout Clause in Contracts

Buyout. 9.1 The Customer acknowledges that by entering into the Contract and/or the Network Contract, the Customer may have to pay termination or other charges to a Network Provider or third party for cancelling or terminating a pre-existing contract with that Network Provider or any third party. 9.2 The Purchase Order may specify a sum that XTRA is prepared to reimburse the Customer to cover some or all of the termination charges referred to in clause 9.1 (Buyout). Subject to clause 9.3, XTRA shall reimburse the Customer the amount of the Buyout specified in the Proposal and Contract upon receipt of VAT invoices for the amount of the Buyout from the Customer’s old supplier and from the Customer to XTRA (the value of the Buyout specified in the Proposal and Contract shall be inclusive of VAT). Where the Buyout figure specified in the Proposal and Contract is insufficient to cover all of the charges referred to at clause 9.1, the Customer shall remain liable to pay the remainder. 9.3 Notwithstanding this clause 9, it shall remain the Customer’s liability to pay any termination or similar charges referred to in clause 9.1. Providing the Customer has not committed a breach of the Contract or any Network Contract (excluding any pre-existing contract for services similar to those provided under the Contract), and upon receipt of invoices in accordance with clause 9.2, XTRA shall reimburse the Customer for the amount of the Buyout. The reimbursement under this clause 9 shall be paid in three monthly instalments and the first reimbursement payment shall be made by XTRA within 90 days of receipt of the invoice issued in accordance with clause 9.2. 9.4 Where XTRA, despite not being contractually obliged to do so, pays the Buyout sum whether in a lump sum or instalments, to the Customer up front as opposed to by way of reimbursement, such Xxxxxx sum paid by XTRA to the Customer shall be paid over to the Network Provider in respect of the pre-existing contract without delay.

Buyout. 9.1 10.1 The Customer acknowledges that by entering into in to the Contract and/or the Network Contract, the Customer may have to pay termination or other charges to a Network Provider or third party for cancelling or terminating a pre-existing contract with that Network Provider or any third party. 9.2 10.2 The Purchase Order may specify a sum that XTRA Agility is prepared to reimburse the Customer to cover some or all of the termination charges referred to in clause 9.1 10.1 (Buyout). Subject to clause 9.310.3 (or 10.4 in the case of MVNO Services), XTRA Agility shall reimburse the Customer the amount of with the Buyout specified in the Proposal and Contract Order upon receipt of VAT invoices for the amount of the Buyout from the Customer’s old supplier and from the Customer to XTRA Agility Buyout (the value of the Buyout specified in the Proposal and Contract Order shall be inclusive of VAT). Where the Buyout figure specified in the Proposal and Contract is insufficient to cover all of the charges referred to at clause 9.1, the Customer shall remain liable to pay the remainder. 9.3 10.3 Notwithstanding this clause 910, it shall remain the Customer’s liability to pay any termination or similar charges referred to in clause 9.110.1. Providing the Customer has not committed a breach of the Contract or any Network Contract or any Mobile Equipment Leasing Contract (excluding any pre-existing contract for services similar to those provided under the Contract), and upon receipt of invoices in accordance with clause 9.210.2, XTRA Agility shall reimburse the Customer for the amount of the Buyout. The reimbursement under this clause 9 10 shall be paid in three monthly instalments and the first reimbursement payment shall be made by XTRA Agility within 90 days of receipt of the invoice issued in accordance with clause 9.210.2. 9.4 10.4 Contrary to clauses 10.2 and 10.3, where Agility is providing MVNO Services and providing the Customer is not in breach of the Contract, Agility shall reimburse the Customer with the Buyout amount specified in the Order (upon receipt of the invoices referred to in clause 10.2) by way of a pro rata credit to the Customer’s invoices over 4 months. By way of example, if the Buyout is for £1000, Agility shall credit the Customer’s invoice in the sum of £250 for 4 months. If the credit produces a negative value, the balance shall be paid to the Customer within 14 days following transmission of Agility 's relevant invoice. 10.5 Where XTRAAgility, despite not being contractually obliged to do so, pays the Buyout sum whether in a lump sum or instalments, to the Customer up front as opposed to by way of reimbursement, such Xxxxxx sum paid by XTRA Agility to the Customer shall be paid over to the Network Provider in respect of the pre-existing contract without delay.

Buyout. 9.1 10.1 The Customer acknowledges that by entering into in to the Contract and/or the Network Contract, the Customer may have to pay termination or other charges to a Network Provider or third party for cancelling or terminating a pre-existing contract with that Network Provider or any third party. 9.2 10.2 The Purchase Order may specify a sum that XTRA Ice is prepared to reimburse the Customer to cover some or all of the termination charges referred to in clause 9.1 10.1 (Buyout). Subject Providing the Customer has complied with all obligations under clause 7 (and clause 2 where applicable) and providing the Customer is not in breach of the Contract, subject to clause 9.310.3 (or 10.4 in the case of MVNO Services), XTRA Ice shall reimburse the Customer the amount of with the Buyout specified in the Proposal and Contract Order upon receipt of VAT invoices for the amount of the Buyout from the Customer’s old supplier and from the Customer to XTRA Ice (the value of the Buyout specified in the Proposal and Contract Order shall be inclusive of VAT). Where the Buyout figure specified in the Proposal and Contract Order is insufficient to cover all of the charges referred to at clause 9.110.1, the Customer shall remain liable to pay the remainder. For the avoidance of doubt, the maximum liability to Ice for a Buyout is the amount that the Customer is liable to pay to its old supplier or the amount specified in the Order (whichever is the lower amount). 9.3 10.3 Notwithstanding this clause 910, it shall remain the Customer’s liability to pay any termination or similar charges referred to in clause 9.110.1. Providing the Customer has not committed a breach of the Contract or any Network Contract or any Mobile Equipment Leasing Contract (excluding any pre-existing contract for services similar to those provided under the Contract), and upon receipt of invoices in accordance with clause 9.210.2, XTRA Ice shall reimburse the Customer for the amount of the Buyout. The reimbursement under this clause 9 10 shall be paid in three monthly instalments and the first reimbursement payment shall be made by XTRA Ice within 90 days of receipt of the invoice issued in accordance with clause 9.210.2. The monthly payment date under this clause may not be the same each month and is subject to change at any time. 9.4 10.4 Contrary to clauses 10.2 and 10.3, where Ice is providing MVNO Services and providing the Customer is not in breach of the Contract, Ice shall reimburse the Customer with the Buyout amount specified in the Order (upon receipt of the invoices referred to in clause 10.2) by way of a pro rata credit to the Customer’s invoices over 4 months. By way of example, if the Buyout is for £1000, Ice shall credit the Customer’s invoice in the sum of £250 for 4 months. If the credit produces a negative value, the balance shall be paid to the Customer within 14 days following transmission of Ice’s relevant invoice. 10.5 Where XTRAIce, despite not being contractually obliged to do so, pays the Buyout sum whether in a lump sum or instalments, to the Customer up front as opposed to by way of reimbursement, such Xxxxxx sum paid by XTRA Ice to the Customer shall be paid over to the Network Provider in respect of the pre-existing contract without delay.