Common use of Charges for Services Clause in Contracts

Charges for Services. (a) In consideration for providing the Administrative Services provided for in Section 2 hereof (other than insurance services and real estate), each Receiving Party shall pay to the Providing Party the actual costs of such services, determined as follows: Each Providing Party shall charge the Receiving Party such Receiving Party’s appropriate share of the aggregate cost actually incurred in connection with the provision of such services in an amount equal to (i) the direct cost that the Providing Party incurs in performing those services plus (ii) a reasonable allocation of other allocated costs, including, without limitation, depreciation and amortization determined in a consistent and fair manner so as to cover such Providing Party’s appropriate costs or in such other manner the parties shall agree. The Providing Party shall not charge the Receiving Party any portion of any tax for which the Providing Party receives a rebate or credit, or to which the Providing Party is entitled to a rebate or credit. (b) To the extent that Cantor provides insurance services hereunder, such insurance shall be invoiced to and paid by BGC Partners as follows: The premiums for each of the insurance policies described in Section 2(a)(xii) shall be allocated to BGC Partners by Cantor and shall be determined by multiplying Cantor’s total actual insurance premiums for each such coverage by a fraction, (i) in the case of general liability or business interruption insurance, the numerator of which is the aggregate consolidated net revenues (determined in accordance with Generally Accepted Accounting Principles of the United States of America) of BGC Partners and the denominator of which is the aggregate consolidated net revenues of Cantor plus any consolidated BGC Partners net revenues not included in Cantor’s consolidated net revenues, excluding the revenues from any division or subsidiary which does not benefit from or which is not covered by the insurance to which these premiums relate, (ii) in the case of property and casualty insurance, the numerator of which is the number of employees of BGC Partners and the denominator of which is the number of employees of BGC Partners and Cantor’s affiliates, and (iii) in the case of all others as mutually agreed to by BGC Partners and Cantor. (c) To the extent that Cantor provides office space hereunder, such office space shall be invoiced to and paid by BGC Partners as follows: So long as BGC Partners uses any portion of Cantor’s offices (each, a “Cantor Office”), BGC Partners shall pay to Cantor on the first day of each calendar month with respect to each such Cantor Office an amount equal to the product of (x) the average rate per square foot then being paid by Cantor for such Cantor Office and (y) the number of square feet requested by BGC Partners and made available for use by BGC Partners. In addition, BGC Partners shall pay to Cantor on the first day of each calendar month an amount equal to the sum of the costs allocated under generally accepted accounting principles, including, without limitation, leasehold amortization expenses, depreciation, overhead, taxes and repairs in relation to such Cantor Office for the preceding month multiplied by a fraction, the numerator of which equals the number of square feet requested by BGC Partners and made available for use by BGC Partners and the denominator of which equals the total number of square feet leased by Cantor under the lease for the applicable Cantor Office.

Charges for Services. (a) In consideration for providing the Administrative Services provided for in Section 2 hereof of this Agreement (other than insurance services and real estateoffice space, which shall be governed by Section 5(b) and Section 5(c) of this Agreement, respectively), each Receiving Party shall pay to the Providing Party the actual costs of such services, determined as follows: Each Providing Party shall charge the Receiving Party such Receiving Party’s appropriate share of the aggregate cost actually incurred in connection with the provision of such services in an amount equal to (i) the direct cost that the Providing Party incurs in performing those services such Administrative Services plus (ii) a reasonable allocation of other allocated costs, including, without limitation, depreciation and amortization determined in a consistent and fair manner so as to cover such Providing Party’s appropriate costs or in such other manner as the parties shall agreeagree plus (iii) any costs or markup necessary or advisable, as reasonably determined by the Providing Party, to comply with any local jurisdiction pricing or other requirements. The Providing Party shall not charge the Receiving Party any portion of any tax for which the Providing Party receives a rebate or credit, or to which the Providing Party is entitled to a rebate or credit. (b) To the extent that Cantor provides Newmark with insurance services hereunder, such insurance shall be invoiced to and paid by BGC Partners Newmark as follows: The premiums for each of the insurance policies described in Section 2(a)(xii) policy with respect to which Newmark receives services hereunder shall be allocated to BGC Partners Newmark by Cantor and shall be determined by multiplying Cantor’s total actual insurance premiums for each such coverage by a fraction, (i) in the case of any general liability or business interruption insurance, the numerator of which is the aggregate consolidated net revenues (determined in accordance with Generally Accepted Accounting Principles of the United States of AmericaU.S. generally accepted accounting principles) of BGC Partners Newmark, and the denominator of which is the sum of the aggregate consolidated net revenues of Cantor plus any consolidated net revenues of BGC Partners net revenues not included in Cantor’s the consolidated net revenuesrevenues of Cantor, plus any consolidated net revenues of Newmark not included in the consolidated net revenues of Cantor, excluding the revenues from any division or subsidiary which does not benefit from or which is not covered by the insurance to which these premiums relate, (ii) in the case of any property and casualty insurance, the numerator of which is the number of employees of BGC Partners Newmark and the denominator of which is the number of employees of Cantor, BGC Partners and Cantor’s affiliatesNewmark, and (iii) in the case of all others any other insurance, as mutually agreed to by BGC Partners Newmark, Inc. and CantorCFLP. (c) To the extent that Cantor provides office space hereunder, such office space shall be invoiced to and paid by BGC Partners Newmark as follows: So long as BGC Partners Newmark uses any portion of Cantor’s offices (each, a “Cantor Office”), BGC Partners Newmark shall pay to Cantor on the first day of each calendar month with respect to each such Cantor Office an amount equal to the product of (x) the average rate per square foot then being paid by Cantor for such Cantor Office and (y) the number of square feet requested by BGC Partners Newmark and made available for use by BGC PartnersNewmark. In addition, BGC Partners Newmark shall pay to Cantor on the first day of each calendar month an amount equal to the sum of the costs allocated under U.S. generally accepted accounting principles, including, without limitation, leasehold amortization expenses, depreciation, overhead, taxes and repairs in relation to such Cantor Office for the preceding month multiplied by a fraction, the numerator of which equals the number of square feet requested by BGC Partners Newmark and made available for use by BGC Partners Newmark and the denominator of which equals the total number of square feet leased by Cantor under the lease for the applicable Cantor Office.

Charges for Services. (a) In consideration for providing the Administrative Services provided for in Section 2 hereof of this Agreement (other than insurance services and real estateoffice space, which shall be governed by Section 5(b) and Section 5(c) of this Agreement, respectively), each Receiving Party shall pay to the Providing Party the actual costs of such services, determined as follows: Each Providing Party shall charge the Receiving Party such Receiving Party’s appropriate share of the aggregate cost actually incurred in connection with the provision of such services in an amount equal to (i) the direct cost that the Providing Party incurs in performing those services such Administrative Services plus (ii) a reasonable allocation of other allocated costs, including, without limitation, depreciation and amortization determined in a consistent and fair manner so as to cover such Providing Party’s appropriate costs or in such other manner as the parties shall agree. The Providing Party shall not charge the Receiving Party any portion of any tax for which the Providing Party receives a rebate or credit, or to which the Providing Party is entitled to a rebate or credit. (b) To the extent that Cantor provides Newmark with insurance services hereunder, such insurance shall be invoiced to and paid by BGC Partners Newmark as follows: The premiums for each of the insurance policies described in Section 2(a)(xii) policy with respect to which Newmark receives services hereunder shall be allocated to BGC Partners Newmark by Cantor and shall be determined by multiplying Cantor’s total actual insurance premiums for each such coverage by a fraction, (i) in the case of any general liability or business interruption insurance, the numerator of which is the aggregate consolidated net revenues (determined in accordance with Generally Accepted Accounting Principles of the United States of AmericaU.S. generally accepted accounting principles) of BGC Partners Newmark, and the denominator of which is the sum of the aggregate consolidated net revenues of Cantor plus any consolidated net revenues of BGC Partners net revenues not included in Cantor’s the consolidated net revenuesrevenues of Cantor, plus any consolidated net revenues of Newmark not included in the consolidated net revenues of Cantor, excluding the revenues from any division or subsidiary which does not benefit from or which is not covered by the insurance to which these premiums relate, (ii) in the case of any property and casualty insurance, the numerator of which is the number of employees of BGC Partners Newmark and the denominator of which is the number of employees of Cantor, BGC Partners and Cantor’s affiliatesNewmark, and (iii) in the case of all others any other insurance, as mutually agreed to by BGC Partners Newmark, Inc. and CantorCFLP. (c) To the extent that Cantor provides office space hereunder, such office space shall be invoiced to and paid by BGC Partners Newmark as follows: So long as BGC Partners Newmark uses any portion of Cantor’s offices (each, a “Cantor Office”), BGC Partners Newmark shall pay to Cantor on the first day of each calendar month with respect to each such Cantor Office an amount equal to the product of (x) the average rate per square foot then being paid by Cantor for such Cantor Office and (y) the number of square feet requested by BGC Partners Newmark and made available for use by BGC PartnersNewmark. In addition, BGC Partners Newmark shall pay to Cantor on the first day of each calendar month an amount equal to the sum of the costs allocated under U.S. generally accepted accounting principles, including, without limitation, leasehold amortization expenses, depreciation, overhead, taxes and repairs in relation to such Cantor Office for the preceding month multiplied by a fraction, the numerator of which equals the number of square feet requested by BGC Partners Newmark and made available for use by BGC Partners Newmark and the denominator of which equals the total number of square feet leased by Cantor under the lease for the applicable Cantor Office.

Charges for Services. (a) In consideration for providing the Administrative Services provided for in Section 2 hereof (other than insurance services and real estate), each Receiving Party shall pay to the Providing Party the actual costs of such services, determined as follows: Each Providing Party shall charge the Receiving Party such Receiving Party’s appropriate share of the aggregate cost actually incurred in connection with the provision of such services in an amount equal to (i) the direct cost that the Providing Party incurs in performing those services plus (ii) a reasonable allocation of other allocated costs, including, without limitation, depreciation and amortization determined in a consistent and fair manner so as to cover such Providing Party’s appropriate costs or in such other manner the parties shall agree. The Providing Party shall not charge the Receiving Party any portion of any tax for which the Providing Party receives a rebate or credit, or to which the Providing Party is entitled to a rebate or credit. (b) To the extent that Cantor Xxxxxx provides insurance services hereunder, such insurance shall be invoiced to and paid by BGC Partners Group as follows: The premiums for each of the insurance policies described in Section 2(a)(xii2(a)(xiv) shall be allocated to BGC Partners Group by Cantor and shall be determined by multiplying Cantor’s total actual insurance premiums for each such coverage by a fraction, (i) in the case of general liability or business interruption insurance, the numerator of which is the aggregate consolidated net revenues (determined in accordance with Generally Accepted Accounting Principles of the United States of America) of BGC Partners Group and the denominator of which is the aggregate consolidated net revenues of Cantor plus any consolidated BGC Partners Group net revenues not included in Cantor’s consolidated net revenues, excluding the revenues from any division or subsidiary which does not benefit from or which is not covered by the insurance to which these premiums relate, (ii) in the case of property and casualty insurance, the numerator of which is the number of employees of BGC Partners Group and the denominator of which is the number of employees of BGC Partners Group and Cantor’s affiliates, and (iii) in the case of all others as mutually agreed to by BGC Partners Group and CantorXxxxxx. (c) To the extent that Cantor Xxxxxx provides office space hereunder, such office space shall be invoiced to and paid by BGC Partners Group as follows: So long as BGC Partners Group uses any portion of Cantor’s offices (each, a “Cantor Office”), BGC Partners Group shall pay to Cantor on the first day of each calendar month with respect to each such Cantor Office an amount equal to the product of (x) the average rate per square foot then being paid by Cantor Xxxxxx for such Cantor Office and (y) the number of square feet requested by BGC Partners Group and made available for use by BGC PartnersGroup. In addition, BGC Partners Group shall pay to Cantor on the first day of each calendar month an amount equal to the sum of the costs allocated under generally accepted accounting principles, including, without limitation, leasehold amortization expenses, depreciation, overhead, taxes and repairs in relation to such Cantor Office for the preceding month multiplied by a fraction, the numerator of which equals the number of square feet requested by BGC Partners Group and made available for use by BGC Partners Group and the denominator of which equals the total number of square feet leased by Cantor under the lease for the applicable Cantor Office. (d) To the extent that BGC Group provides office space hereunder, such office space shall be invoiced to and paid by Xxxxxx as follows: So long as Cantor uses any portion of BGC Group’s offices (each, a “BGC Office”), Cantor shall pay to BGC Group on the first day of each calendar month with respect to each such BGC Office an amount equal to the product of (x) the average rate per square foot then being paid by BGC Group for such BGC Office and (y) the number of square feet requested by Xxxxxx and made available for use by Xxxxxx. In addition, Xxxxxx shall pay to BGC Group on the first day of each calendar month an amount equal to the sum of the costs allocated under generally accepted accounting principles, including, without limitation, leasehold amortization expenses, depreciation, overhead, taxes and repairs in relation to such BGC Office for the preceding month multiplied by a fraction, the numerator of which equals the number of square feet requested by Xxxxxx and made available for use by Xxxxxx and the denominator of which equals the total number of square feet leased by BGC Group under the lease for the applicable BGC Office.