Charge and Payment. Considering the fact that the right to use cell phone game software and the service provided by the licensor constitute an indispensable, significant component part for the sake of the licensee's provision of value-added telecom service; and that the development of value-added telecom service that the licensor provides its end-users with is directly dependent, to a rather big extent, on the quality of the cell phone game software and technical service; and also that the licensor has invested a lot of manpower and resource during development of the cell phone game software; and with an eye to the necessity of providing those service items and guarantees listed under the sub-clauses 1.2.1, 12.2 and 1.
Charge and Payment a. The Customer must pay Bingo/DADI the Charges for the Services (including any additional or other charges charged to the Customer in accordance with this Agreement) by the due date specified in the relevant invoice. The Charges for the Services include all taxes and levies other than GST. The Charges for the Services and all other amounts payable in accordance with this Agreement are expressed exclusive of GST. Where Bingo/DADI makes a taxable supply to the Customer and the consideration for that supply does not expressly include GST, the Customer must also pay Bingo/DADI an amount equal to the GST payable by Bingo/DADI. The Customer must pay the GST amount when the Customer is liable to provide Bingo/DADI with consideration. This obligation survives completion or termination of the Agreement (for whatever reason).
b. The Charges for Services are quoted on the basis of a regular scheduled run. If the Customer requires a pickup at a time that does not fit a scheduled run or at a time other than in accordance with clause 5 of this Agreement, additional charges may be charged to the Customer subject to Bingo/DADI providing prior notice to the Customer of such additional Charges.
c. Bingo/DADI may increase its Charges during the Term in its absolute discretion (for such reasons including, but not limited to, increased operation costs, changes in disposal fees, changes to disposal facility locations, increased government charges, taxes and/or levies, the introduction of new taxes, government charges and/or levies and changes in the Customer’s address in accordance with clause 9 of this Agreement), by providing the Customer with written notice of such increase to its Charges (Charge Notice).
d. If Charges are increased under clause 3(c) the new Charges (as set out in the Charge Notice) will be deemed to have been accepted by the Customer and will become effective thirty (30) days after the date that Bingo/DADI delivers the Charge Notice to the Customer, unless the Customer elects to terminate this Agreement by delivering written notice to Bingo/DADI (Charge Termination Notice) before the increased Charges become effective. If a Charge Termination Notice is delivered to the Customer in accordance with this clause 3(d), the increase in Charges contemplated by the Charge Notice will not take effect in relation to this Agreement and this Agreement will terminate on the date that is sixty (60) days after the date that Bingo/DADI delivered the relevant Charge Notice...
Charge and Payment. Commencing upon the EFFECTIVE DATE, COMPANY shall pay CITY, for five initial sites, the payment due is in accordance with the CITY’s Rate Schedule as shown in EXHIBIT “E” (“USE CHARGE”). The USE CHARGE shall be due and payable in full on the EFFECTIVE DATE. COMPANY shall make all payments to CITY at the following address City of San Xxxx Real Estate & Asset Management 000 Xxxx Xxxxx Xxxxx Xxxxxx San Jose, CA 95113 Initial payment by COMPANY for adjustments made for addition of antennae, pursuant to EXHIBIT “E” shall be due and payable at the address set forth above on the date CITY approves placement of said additional antennae on the ANTENNA FACILITY and shall be prorated to reflect the remainder of the year of the Term (“Term Year”). CITY shall reimburse COMPANY for Adjustments reflecting removal of antenna(e) no later than sixty (60) days after CITY is notified by COMPANY in writing of the completion of such removal. Adjustments to reflect removal of antenna(e) shall be prorated to reflect the portion of the Term Year remaining after CITY receives said written notice of such removal.
Charge and Payment. Commencing within 30 days of the EFFECTIVE DATE, COMPANY shall pay CITY the payment due, paid annually, in accordance with the CITY’s Rate Schedule as shown in EXHIBIT “E” for each of the respective individual ANTENNA FACILITIES at each respective PROPERTY or PROPERTIES as described herein (“USE CHARGE”). For clarity, each ANTENNA FACILITY at each separate PROPERTY constitutes its own USE CHARGE based on the number of antennae or amount of “ground space” occupied at each PROPERTY in accordance with EXHIBIT “E”. For example, the initial annual USE CHARGE for each of the individual ANTENNA FACILITIES described in this AGREMMENT is as follows: Property 1 - $ ; Property 2 - $ _ . The USE CHARGE will increase annually on the ADJUSTMENT DATE, as defined below, in accordance with EXHIBIT “E”. COMPANY shall make all payments to CITY at the following address: City of San Xxxx Real Estate Services Office of Economic Development 000 Xxxx Xxxxx Xxxxx Xxxxxx, 12th Floor San Jose, CA 95113-1905 Initial payment by COMPANY for adjustments made for addition of antennas, pursuant to EXHIBIT “E” shall be due and payable at the address set forth above on the date CITY approves placement of said additional antennas on the ANTENNA FACILITIES and shall be prorated to reflect the remainder of the year of the TERM (“TERM YEAR”). CITY shall reimburse COMPANY for adjustments reflecting removal of antenna(s) no later than ninety (90) days after CITY is notified by COMPANY in writing of the completion of such removal. Adjustments to reflect removal of antenna(s) shall be prorated to reflect the portion of the TERM YEAR remaining after CITY receives said written notice of the removal.
Charge and Payment. COMPANY shall pay an annual fee (“USAGE FEE”) for each LICENSED AREA in accordance with the CITY’s Usage Fee Schedulefee schedule as shown in Exhibit “A” (the “FEE SCHEDULE”) and subject to annual adjustment as provided below (“USAGE FEE”).. The USAGE FEE shall be determined by either (i) the effective RF T-26940/ 1239895_2 7 power output; (ii) the coverage area actually reached by the Antennae Facility installed within the License Area; (iii) the signal strength of the Antennae Facility installed within thefor a particular LICENSED AREA; (iv) the amount of data that will or can be transmitted by the Antennae Facility installed within each shall be agreed upon between COMPANY and CITY prior to the execution of any SLA for such LICENSED AREA and/or (v) the amount of physical space used within the . Except as set forth in Section 3.B.1 below, the USAGE FEE shall not be changed unless the ANTENNA FACILITY is modified, changed or upgraded by COMPANY in a manner that has not been agreed to in the applicable SLA for a LICENSED AREA. The USAGE FEE will automaticallyset forth on the FEE SCHEDULE shall be based upon (i) the effective radiated power (“ERP”)of COMPANY’s equipment installed in the LICENSED AREA, (ii) (i) the location of the LICENSED AREA with the CITY (the “Zone”) and (iii) the square footage of the LICENSED AREA. The USAGE FEE will only be adjusted in accordance with Section B.2 below upon the if COMPANY adjust, modifies or upgrades their approved equipment to increase (but not the decrease) in the effective RF power output, coverage area, signal strength, data transmission capacitythe ERP or the amount of physical space used by the Antennae Facility. The square footage of the LICENSED AREA to an amount or square footage that is different from the ERP or square footage agreed upon in the applicable SLA for the LICENSED AREA. Any such adjustment, modification or upgrade must be agreed upon and approved in advance by CITY and prior to commencing any work that will result in an increase in ERP or square footage and the SLA shall be amended or modified to reflect any increase in the USAGE FEE, the ERP and the square footage. The initial payment of the USAGE FEE shall be due and payable in advance on each SLA Effective Date and shall be prorated for the number of months remaining until June 30 of the year, thereafter the USAGE FEE for each LICENSED AREA shall be due and payable in full and in advance on July 1st of each year to coincide with the City’s fi...
Charge and Payment. Considering the fact that the right to use system software and the service provided by the licensor constitute an indispensable, significant component part for the sake of the licensee's provision of value-added telecom service; and that the development of value-added telecom service that the licensor provides its end-users with is directly dependent, to a rather big extent, on the quality of the system software and technical service; and also that the licensor has invested a lot of manpower and resource during development of the system software; and with an eye to the necessity of providing those service items and guarantees listed under the sub-clauses 1.2.1, 12.2 and 1.
Charge and Payment. 7.1 You shall pay the Charge and other amounts set out in this Agreement in accordance with this Agreement.
7.2 The Charge is exclusive of VAT which shall be due at the applicable rate. You shall pay landfill tax at the prevailing rate whether or not it is the rate actually charged by the landfill operator at the time of disposal.
7.3 Unless you pay in advance, all payments shall be due and payable within 30 days of the date of the invoice. Time of payment is of the essence of this Agreement.
7.4 All payments shall be made in full without any set off or deductions. We may require you to pay in a manner specified by us.
7.5 If you fail to pay sums on the due date we may:
7.5.1 charge interest from day to day at the annual rate of 4% over the current Barclays Bank plc daily base rate; and/or
7.5.2 stop performing the Service until payment is received; and/or
7.5.3 end this Agreement. Additionally we may seek court action for the recovery of any outstanding amounts and you shall reimburse us all the associated costs of taking such action, not limited to all legal and collection agency costs associated with the recovery of the outstanding amounts.
7.6 Without prejudice to condition 7.3 you shall check the accuracy of invoices and you will notify us within 14 days of the date of the invoice if you have any queries. If we do not receive any such notice the invoice will be treated as being accurate and payable. You agree that our records will be proof of the Service provided.
7.7 If we reasonably believe that amounts due from you will not be paid in accordance with this Agreement we may require payment, and you shall make payment, in advance of the Service or we may end the Agreement immediately. Payments in advance will be as a deposit.
7.8 If required we may provide copy tickets or Transfer Notes and we may charge a reasonable copying or administration charge.
Charge and Payment. 5.1 At Monaco Global’s sole discretion, the Charge shall be either:
(a) as indicated on any invoice provided by Monaco Global to the Client; or
(b) the Charge as at the date of Delivery of the Goods according to Monaco Global’s current Charge list; or
(c) Monaco Global’s quoted Charge (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
5.2 Monaco Global reserves the right to change the Charge:
(a) if a variation to the Goods which is to be supplied is requested;
(b) if a variation to the Services originally scheduled (including any applicable plans, erection and dismantle charges, site requirements or specifications) is requested;
(c) where additional Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather/environmental conditions, limitations to accessing the site, any subsidence of ground conditions, availability of machinery, protruding or dismantled formwork, repositioning or adjusting the Goods, due to sub contractor’s moving planks, additional site visits required, safety considerations, prerequisite work by any third party not being completed etc.) which are only discovered on commencement of the Services;
(d) in the event of increases to Monaco Global in the cost of labour or materials (including, but not limited to, any variation as a result of fluctuations in currency exchange rates or increases to Monaco Global in the cost of taxes, levies, freight and insurance charges, or delays in shipment etc.) which are beyond Monaco Global’s control.
5.3 Variations will be charged for on the basis of Monaco Global’s quotation, and will be detailed in writing, and shown as variations on Monaco Global’s invoice. The Client shall be required to respond to any variation submitted by Monaco Global within ten (10) working days. Failure to do so will entitle Monaco Global to add the cost of the variation to the Charge. Payment for all variations must be made in full at the time of their completion.
5.4 At Monaco Global’s sole discretion, a non-refundable deposit may be required.
5.5 Time for payment for the Goods being of the essence, the Charge will be payable by the Client on the date/s determined by Monaco Global, which may be:
(a) on Delivery of the Goods;
(b) before Delivery of the Goods;
(c) by way of instalments/progress payments in accordance with Monaco Global’s payment schedule;
(d) seven (7) days followi...
Charge and Payment. Installation Charges shall be invoiced upon the Ready For Service Date and are related to all the activities necessary for the project management and installation of the Service. Call charges shall be invoiced to Customer on the first date of each Billing Period following the Acceptance Date. Payment shall be made within thirty (30) days from the date the invoice is rendered (“Due Date”).
Charge and Payment. Considering the fact that the right to use operating software and the service provided by the licensor constitute an indispensable, significant component part for the sake of the licensee’s provision of value-added telecom service; and that the development of value-added telecom service that the licensor provides its end-users with is directly dependent, to a rather big extent, on the quality of the operating software and technical service; and also that the licensor has invested a lot of manpower and resource during development of the operating software; and with an eye to the necessity of providing those service items and guarantees listed under the sub-clauses 1.2.1, 12.2 and 1.