ChartMaxx System Sale Commission Sample Clauses

ChartMaxx System Sale Commission. Cybear will use its best efforts to refer hospitals, laboratories and other information providers to MedPlus for the purchase and/or license of a ChartMaxx System. In exchange for every ChartMaxx System sold substantially as a result of the efforts of Cybear, within 30 days of the close of MedPlus' fiscal quarter during which a ChartMaxx Software license agreement has been executed with such customer, MedPlus will pay to Cybear a commission equal to either (1) 5% of the Net Margin on software license fees due pursuant to such ChartMaxx license agreement or (2) 5% of any Transaction Fees associated with data stored in such ChartMaxx System during the first year of the license agreement, as the case may be. For purposes hereof, "Net Margin" shall be defined as software license fees charged to a customer less any third party software royalties owed by MedPlus for such software during the first year of the relevant license agreement. In addition, a ChartMaxx System sale shall be deemed to have resulted substantially from the efforts of Cybear if, at the time the sales process was initiated by Cybear, (a) the information provider has been contacted by Cybear and has expressed and interest in acquiring Cybear and MedPlus services and (b) the information provider was not on MedPlus' then-current Quarterly "Pipeline Report" or "Prospect Report." MedPlus shall provide Cybear with its Quarterly Pipeline Report and only those prospects appearing on it shall be deemed MedPlus and not Cybear prospects.
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Related to ChartMaxx System Sale Commission

  • Sales Commission You shall be entitled to charge a sales commission on the sale or redemption, as appropriate, of each series and class of each Fund’s Shares in the amount of any initial, deferred or contingent deferred sales charge as set forth in our then effective prospectus. You may allow any sub-agents or dealers such commissions or discounts from and not exceeding the total sales commission as you shall deem advisable, so long as any such commissions or discounts are set forth in our current prospectus to the extent required by the applicable Federal and State securities laws. You may also make payments to sub-agents or dealers from your own resources, subject to the following conditions: (a) any such payments shall not create any obligation for or recourse against the Fund or any series or class, and (b) the terms and conditions of any such payments are consistent with our prospectus and applicable Federal and State securities laws and are disclosed in our prospectus or statement of additional information to the extent such laws may require.

  • Statewide HUB Program Statewide Procurement Division Note: In order for State agencies and institutions of higher education (universities) to be credited for utilizing this business as a HUB, they must award payment under the Certificate/VID Number identified above. Agencies, universities and prime contractors are encouraged to verify the company’s HUB certification prior to issuing a notice of award by accessing the Internet (xxxxx://xxxxx.xxx.xxxxx.xx.xx/tpasscmblsearch/index.jsp) or by contacting

  • Sales Commissions You shall not be entitled to charge a sales commission on the sale of Shares of the Company.

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  • Selling Commissions Any and all commissions payable to underwriters, dealer managers or other broker-dealers in connection with the sale of Shares, including, without limitation, commissions payable to Behringer Securities LP.

  • System Operations Each party, at its own expense, shall provide and maintain the equipment, software, services and testing necessary to transmit Data Communications to, and receive Data Communications from the parties’ respective Receipt Computers.

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  • Dealers’ Commissions Except for volume discounts described in the “Plan of Distribution” section of the Prospectus, which volume discounts shall be the responsibility of the Dealer to provide to investors who qualify, and except as otherwise provided in the “Plan of Distribution” section of the Prospectus, the Dealer’s sales commission applicable to the Shares sold by Dealer which it is authorized to sell hereunder is 7.0% of the gross proceeds of Shares sold by it and accepted and confirmed by the Company, which commission will be payable by the Dealer Manager. No sales commissions shall be paid with respect to Shares issued and sold pursuant to the Company’s distribution reinvestment plan. For these purposes, shares shall be deemed to be “sold” if and only if a transaction has closed with a subscriber for Shares pursuant to all applicable offering and subscription documents, the Company has accepted the subscription agreement of such subscriber, and such Shares have been fully paid for. The Dealer affirms that the Dealer Manager’s liability for commissions payable is limited solely to the proceeds of commissions receivable from the Company, and the Dealer hereby waives any and all rights to receive payment of commissions due until such time as the Dealer Manager is in receipt of the commission from the Company. In addition, as set forth in the Prospectus, the Dealer Manager may, in its sole discretion, reallow a portion of its dealer manager fee to Dealers participating in the offering of Shares as marketing fees, reimbursement of costs and expenses of attending educational conferences or to defray other distribution-related expenses. The parties hereby agree that the foregoing commission is not in excess of the usual and customary distributors’ or sellers’ commission received in the sale of securities similar to the Shares, that Dealer’s interest in the offering is limited to such commission from the Dealer Manager and Dealer’s indemnity referred to in Section 4 of the Dealer Manager Agreement, and that the Company is not liable or responsible for the direct payment of such commission to the Dealer. In addition, as set forth in the Prospectus, the Dealer Manager may reimburse Dealer up to 0.5% of gross proceeds for bona fide due diligence expenses incurred by such Dealer. The Dealer Manager shall have the right to require the Dealer to provide a detailed and itemized invoice as a condition to the reimbursement of any such due diligence expenses.

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