Common use of CHARGES AND TERMS OF PAYMENT Clause in Contracts

CHARGES AND TERMS OF PAYMENT. 4.1 The Purchaser shall pay NHSBT the Price in accordance with this Clause 4 and Schedule 2. 4.2 Unless otherwise expressly set out in Schedule 2, NHSBT shall invoice the Purchaser the Price immediately following and in respect of each calendar month in which the Services were provided. 4.3 Unless otherwise expressly set out in Schedule 2, the Purchaser shall pay for expenses incurred by NHSBT in connection with its performance of the Services. Such expenses shall be limited to travel and living expenses that NHSBT incurs in the performance of the Services. NHSBT shall submit details of the expenses to the Purchaser and if so requested by the Purchaser, NHSBT shall provide copies of supporting documentation for the invoiced expenses. NHSBT shall include such travel and living expenses, and any other costs and expenses that the Purchaser has agreed to pay to NHSBT and are set out in Schedule 2, in its invoice issued pursuant to Clause 4.2 or Schedule 2. 4.4 The Purchaser shall pay NHSBT within thirty (30) days of the date of each invoice. All sums properly due and payable under these Terms and Conditions will be paid by the Purchaser in full, free of any retention, set-off, counterclaim, deduction or withholding. 4.5 All amounts referred to in these Terms and Conditions are expressed net of value added tax which may be chargeable, which will be payable by the Purchaser in addition to the sum in question at the rate for the time being prescribed by law on delivery by NHSBT to the Purchaser of a valid VAT invoice. 4.6 If the Purchaser fails to pay any invoice submitted by NHSBT under these Terms and Conditions within thirty (30) days of the date of any invoice, NHSBT shall be entitled (without prejudice to any other right or remedy it may have) to:- 4.6.1 charge interest on any amount outstanding at the rate of 3% above the annual base lending rate of the Bank of England from time to time in respect of any sums properly due and payable but unpaid from the due date until the date of actual payment, calculated on a daily basis. NHSBT further reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Xxx 0000; and 4.6.2 suspend provision of the Services until all outstanding sums are paid in full, and any additional costs incurred by such suspension shall be paid by the Purchaser or terminate these Terms and Conditions pursuant to Clause 11.3 4.7 All payments will be made to NHSBT either by cheque or BACS. 4.7.1 Payments by cheque shall be made payable to such location and such bank account as from time to time notified by NHSBT to the Purchaser and sent to: NHS Blood and Transplant Xxxxxxx Xxxxxxxxxx Xxxxxx Xxxx Xxxxx XX00 0XX 4.7.2 Payment by BACS shall be to A/C No. 12498804 - sort code 08-33-00

CHARGES AND TERMS OF PAYMENT. 4.1 The Purchaser CPS shall pay NHSBT charge Rosetta a monthly fee (the Price in accordance with this Clause 4 and Schedule 2. 4.2 Unless otherwise expressly set out in Schedule 2, NHSBT shall invoice the Purchaser the Price immediately following and in respect of each calendar month in which “Monthly Fee”) for the Services were provided. 4.3 Unless otherwise expressly set out provided pursuant to this Marketing Agreement to be paid monthly in Schedule 2arrears. The Monthly Fee shall be an amount equal to .5% of the “net proceeds” actually received by Rosetta for the sale of all Rosetta Production during the Term, the Purchaser shall pay for as well as any ninety (90) day Transition Services period, if applicable, excluding all actual charges and expenses incurred by NHSBT in connection with its performance Rosetta, including but not limited to transportation, gathering, treating, blending, quality, treating or processing fees, or similar charges, as well as expenses and charges for postproduction compression fuel and line loss. For further clarification, the term “net proceeds” does not include deductions for any and all severance taxes or similar taxes levied upon Rosetta Production, the Monthly Fee or extra charges under this Marketing Agreement. CPS will invoice Rosetta for the Monthly Fee on or before the twenty-fifth (25th) day of each month following the month of Service. Rosetta shall either pay such invoices by the last business day of the Services. Such expenses shall be limited to travel and living expenses that NHSBT incurs in month or ten (10) days from the performance date of the invoice, whichever is later, or net such payment from amounts due and payable to Rosetta resulting from any monthly gas sales to Calpine Energy Services, L.P. (“CES”), Calpine Corporation or any Calpine affiliate for the applicable month the Monthly Fee is earned. NHSBT shall submit details of the expenses CPS agrees to the Purchaser provide Rosetta with detail and if so requested by the Purchaser, NHSBT shall provide copies of supporting documentation for any extra charges pursuant to Schedule 9 as may be requested by a Rosetta Authorized Representative and performed by CPS during any month during the Term of this Marketing Agreement. The aggregate total of the Monthly Fees for each of Year 1 (July 1, 2007 through June 30, 2008) and Year 2 (July 1, 2008 through June 30, 2009) of this Marketing Agreement (or as may be pro-rated for a partial year in the event the Term is less than a two-year period) shall be subject to a $1 million minimum aggregate annual floor (“Annual Fee Floor”) and a maximum aggregate annual cap (the “Annual Fee Cap”) in an amount not to exceed the amounts set forth on the chart below, which correspond to the actual annual volume of the Rosetta Production invoiced expenseswith the Monthly Fee for that annual or pro rata period, expressed in BTUs. NHSBT For purposes of the computation of the Annual Fee Cap, sales of oil production shall include be converted to MMBtu on the basis of one (1) barrel of oil being equivalent to 6 MMBtu. The Parties shall “true up” or reconcile the aggregate total of the Monthly Fees for each of Year 1 and Year 2 of the Marketing Agreement (or the pro rata portion of such travel and living expensesyear in the event the Term is less than two years), and any other costs and expenses that the Purchaser has agreed to pay to NHSBT and are set out in Schedule 2, in its invoice issued pursuant to Clause 4.2 or Schedule 2. 4.4 The Purchaser Rosetta shall pay NHSBT within thirty CPS any positive difference between the Annual Fee Floor and the amount actually paid for that period or CPS shall pay Rosetta any positive difference between the Monthly Fees actually paid for that period and the applicable Annual Fee Cap no later than the sixty (3060) days following the conclusion of Year 1 or Year 2 (or end of the date of each invoiceTerm if less than two years), respectively. All sums properly due and payable under these Terms and Conditions will be In the event the Term is less than a two-year period, Rosetta shall pay CPS the Annual Fee Floor less any undisputed Monthly Fees for the applicable year paid by the Purchaser in full, free of any retention, set-off, counterclaim, deduction or withholdingRosetta to CPS. 4.5 All amounts referred to in these Terms and Conditions are expressed net of value added tax which may be chargeable, which will be payable by the Purchaser in addition to the sum in question at the rate for the time being prescribed by law on delivery by NHSBT to the Purchaser of a valid VAT invoice. 4.6 If the Purchaser fails to pay any invoice submitted by NHSBT under these Terms and Conditions within thirty (30) days of the date of any invoice, NHSBT shall be entitled (without prejudice to any other right or remedy it may have) to:- 4.6.1 charge interest on any amount outstanding at the rate of 3% above the annual base lending rate of the Bank of England from time to time in respect of any sums properly due and payable but unpaid from the due date until the date of actual payment, calculated on a daily basis. NHSBT further reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Xxx 0000; and 4.6.2 suspend provision of the Services until all outstanding sums are paid in full, and any additional costs incurred by such suspension shall be paid by the Purchaser or terminate these Terms and Conditions pursuant to Clause 11.3 4.7 All payments will be made to NHSBT either by cheque or BACS. 4.7.1 Payments by cheque shall be made payable to such location and such bank account as from time to time notified by NHSBT to the Purchaser and sent to: NHS Blood and Transplant Xxxxxxx Xxxxxxxxxx Xxxxxx Xxxx Xxxxx XX00 0XX 4.7.2 Payment by BACS shall be to A/C No. 12498804 - sort code 08-33-00

CHARGES AND TERMS OF PAYMENT. 4.1 The Purchaser shall pay NHSBT the Price in accordance with this Clause 4 and Schedule 2. 4.2 Unless otherwise expressly set out in Schedule 2, NHSBT shall invoice the Purchaser the Price immediately following and in respect of each calendar month in which the Services were provided. 4.3 Unless otherwise expressly set out in Schedule 2, the Purchaser shall pay for expenses incurred by NHSBT in connection with its performance of the Services. Such expenses shall be limited to travel and living expenses that NHSBT incurs in the performance of the Services. NHSBT shall submit details of the expenses to the Purchaser and if so requested by the Purchaser, NHSBT shall provide copies of supporting documentation for the invoiced expenses. NHSBT shall include such travel and living expenses, and any other costs and expenses that the Purchaser has agreed to pay to NHSBT and are set out in Schedule 2, in its invoice issued pursuant to Clause 4.2 or Schedule 2. 4.4 The Purchaser shall pay NHSBT within thirty (30) days of the date of each invoice. All sums properly due and payable under these Terms and Conditions will be paid by the Purchaser in full, free of any retention, set-off, counterclaim, deduction or withholding. 4.5 All amounts referred to in these Terms and Conditions are expressed net of value added tax which may be chargeable, which will be payable by the Purchaser in addition to the sum in question at the rate for the time being prescribed by law on delivery by NHSBT to the Purchaser of a valid VAT invoice. 4.6 If the Purchaser fails to pay any invoice submitted by NHSBT under these Terms and Conditions within thirty (30) days of the date of any invoice, NHSBT shall be entitled (without prejudice to any other right or remedy it may have) to:- 4.6.1 charge interest on any amount outstanding at the rate of 3% above the annual base lending rate of the Bank of England from time to time in respect of any sums properly due and payable but unpaid from the due date until the date of actual payment, calculated on a daily basis. NHSBT further reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Xxx 0000; and 4.6.2 suspend provision of the Services until all outstanding sums are paid in full, and any additional costs incurred by such suspension shall be paid by the Purchaser or terminate these Terms and Conditions pursuant to Clause 11.3 4.7 All payments will be made to NHSBT either by cheque cheque, BACS, Credit Card or BACSWorld Pay online payment (via NHSBT’s IBGRL webpage). 4.7.1 Payments by cheque shall be made payable to such location and such bank account as from time to time notified by NHSBT to the Purchaser and sent to: NHS Blood and Transplant Xxxxxxx Xxxxxxxxxx Xxxxxx Xxxx Xxxxx XX00 0XX 4.7.2 Payment by BACS shall be to A/C No. 12498804 - sort code 08-33-00

CHARGES AND TERMS OF PAYMENT. 4.1 The Purchaser shall pay NHSBT the Price in accordance with this Clause 4 and Schedule 2. 4.2 Unless otherwise expressly set out in Schedule 2, NHSBT shall invoice the Purchaser the Price immediately following and in respect of each calendar month in which the Services were provided. 4.3 Unless otherwise expressly set out in Schedule 2, the Purchaser shall pay for expenses incurred by NHSBT in connection with its performance of the Services. Such expenses shall be limited to travel and living expenses that NHSBT incurs in the performance of the Services. NHSBT shall submit details of the expenses to the Purchaser and if so requested by the Purchaser, NHSBT shall provide copies of supporting documentation for the invoiced expenses. NHSBT shall include such travel and living expenses, and any other costs and expenses that the Purchaser has agreed to pay to NHSBT and are set out in Schedule 2, in its invoice issued pursuant to Clause 4.2 or Schedule 2. 4.4 The Purchaser shall pay NHSBT within thirty (30) days of the date of each invoice. All sums properly due and payable under these Terms and Conditions will be paid by the Purchaser in full, free of any retention, set-off, counterclaim, deduction or withholding. 4.5 All amounts referred to in these Terms and Conditions are expressed net of value added tax which may be chargeable, which will be payable by the Purchaser in addition to the sum in question at the rate for the time being prescribed by law on delivery by NHSBT to the Purchaser of a valid VAT invoice. 4.6 If the Purchaser fails to pay any invoice submitted by NHSBT under these Terms and Conditions within thirty (30) days of the date of any invoice, NHSBT shall be entitled (without prejudice to any other right or remedy it may have) to:- 4.6.1 charge interest on any amount outstanding at the rate of 3% above the annual base lending rate of the Bank of England from time to time in respect of any sums properly due and payable but unpaid from the due date until the date of actual payment, calculated on a daily basis. NHSBT further reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Xxx 0000Act 1998; and 4.6.2 suspend provision of the Services until all outstanding sums are paid in full, and any additional costs incurred by such suspension shall be paid by the Purchaser or terminate these Terms and Conditions pursuant to Clause 11.3 4.7 All payments will be made to NHSBT either by cheque cheque, BACS, Credit Card or BACSWorld Pay online payment (via NHSBT’s IBGRL webpage). 4.7.1 Payments by cheque shall be made payable to such location and such bank account as from time to time notified by NHSBT to the Purchaser and sent to: NHS Blood and Transplant Xxxxxxx Xxxxxxxxxx Xxxxxx Xxxx Xxxxx XX00 0XXFinance Department Bridal Path Leeds LS15 7TW 4.7.2 Payment by BACS shall be to A/C No. 12498804 - sort code 08-33-00