Commission Exclusion Sample Clauses

Commission Exclusion. Notwithstanding anything to the contrary in this Agreement, Star Choice shall not be obligated to pay, and System Operator shall not earn, or be entitled to receive, any Commissions or payment of any other type from Star Choice which are: (i) for orders, sales, renewals or continuations of Commissionable Programming Packages taken, made or received after the last day of the Term; (ii) based on revenues, and any applicable taxes or fees of any type, received in connection with any programming other than the Commissionable Programming Packages set forth on Exhibit B hereto; (iii) for any Star Choice order from a commercial establishment as such may be defined by Star Choice, acting reasonably regardless of whether such order is accepted by Star Choice; (iv) for any Star Choice order that is not accepted for any reason by Star Choice, provided that Star Choice informs System Operator of the reason for such nonacceptance; and (v) for any Star Choice order from a SO Subscriber who does not purchase a Commissionable Programming Package. System Operator acknowledges and agrees that Star Choice shall have the right to offset any money due to Star Choice from System Operator for any reason (including, without limitation, to reimburse Star Choice for any Commissions previously paid to System Operator by Star Choice on account of subscription fees paid by a subscriber in an SO Property that Star Choice subsequently refunded or credited to such subscriber) against any Commission or other money otherwise due to System Operator from Star Choice, upon reasonable written notice of any such offset.
Sample 1
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Commission Exclusion. [REDACTED - SUBJECT TO A REQUEST FOR CONFIDENTIAL TREATMENT FILED WITH THE SEC ON JUNE 27, 2000]
Sample 1
Commission Exclusion. As used herein, Prepaid Programming Commissions and Continuing Service Fees shall be referred to collectively as “Commission.” Notwithstanding anything to the contrary in this Agreement, DIRECTV shall not be obligated to pay, and Dealer shall not earn, or be entitled to receive, any Commission or payment of any other type from DIRECTV which is: (i) for orders, sales, renewals or continuations of DIRECTV SMATV Programming taken, made or received after the last day of the Term, regardless of the cause for termination; (ii) based on revenues, and any applicable taxes or fees of any type, received in connection with any programming other than DIRECTV SMATV Programming; (iii) for DIRECTV SMATV Programming orders which are not transmitted to DIRECTV in accordance with the requirements of this Agreement unless and until, and only for the periods after, such requirements are fully met; (iv) for any DIRECTV SMATV Programming order from an establishment that does not qualify as a SMATV Establishment, regardless of whether such order is accepted by DIRECTV; (v) for any DIRECTV SMATV Programming order that is not accepted for any reason by DIRECTV or (vi) for any DIRECTV SMATV Programming order, if Dealer provided in connection with the provision of such DIRECTV SMATV Programming, any DIRECTV Service through the SMATV System not set forth on the SMATV Rate Card. Dealer acknowledges and agrees that DIRECTV shall have the right to offset any money due to DIRECTV from Dealer for any reason (including, without limitation, because Dealer should not have been paid such Commission or to reimburse DIRECTV for any Commission previously paid to Dealer by DIRECTV on account of subscription fees paid by an Dealer Property that DIRECTV subsequently refunded or credited to such Dealer Property or Dealer, as the case may be) against any Commission or other money otherwise due to Dealer from DIRECTV.
Sample 1
Commission Exclusion. Notwithstanding anything to the contrary in this Agreement, XXXX shall not be obligated to pay, and Subcontractor shall not earn, or be entitled to receive, any Commissions or payment of any other type from XXXX which is: (i) for orders, sales, renewals or continuations of the “SignEase” Equipment and or “SignEase” Service taken, made or received after the last day of the Term; (ii) based on revenues, and any applicable taxes or fees of any type, received in connection with any services other than the “SignEase” Equipment and or “SignEase” Service; (iii) for “SignEase” Equipment and or “SignEase” Service orders which are not transmitted to XXXX in accordance with the requirements of this Agreement unless and until, and only for the periods after, such requirements are fully met; (iv) for any “SignEase” Equipment and or “SignEase” Service order from a subcontractor who does not qualify as a Commercial Establishment, regardless of whether such order is accepted by XXXX; or (v) for “SignEase” Equipment and or “SignEase” Service order that is not accepted for any reason by XXXX. Subcontractor acknowledges and agrees that XXXX shall have the right to offset any money due to XXXX from Subcontractor for any reason, (including, without limitation, to reimburse XXXX for any Commission previously paid to Subcontractor by XXXX on account of service fees by an Subcontractor Property that XXXX subsequently refunded or credited to Subcontractor Property or XXXX, as the case may be) against any Commission or other money otherwise due to Subcontractor from XXXX.
Sample 1

Related to Commission Exclusion

  • Excess Brokerage Commissions The Adviser is hereby authorized, to the fullest extent now or hereafter permitted by law, to cause the Corporation to pay a member of a national securities exchange, broker or dealer an amount of commission for effecting a securities transaction in excess of the amount of commission another member of such exchange, broker or dealer would have charged for effecting that transaction, if the Adviser determines in good faith, taking into account such factors as price (including the applicable brokerage commission or dealer spread), size of order, difficulty of execution, and operational facilities of the firm and the firm’s risk and skill in positioning blocks of securities, that such amount of commission is reasonable in relation to the value of the brokerage and/or research services provided by such member, broker or dealer, viewed in terms of either that particular transaction or its overall responsibilities with respect to the Corporation’s portfolio, and constitutes the best net results for the Corporation.

  • Brokerage Commission Contributor has not engaged the services of, nor has it or will it or Acquirer become liable to, any real estate agent, broker, finder or any other person or entity for any brokerage or finder's fee, commission or other amount with respect to the transactions described herein on account of any action by Contributor. Contributor hereby agrees to indemnify and hold Acquirer and its employees, directors, members, partners, affiliates and agents harmless against any claims, liabilities, damages or expenses arising out of a breach of the foregoing. This indemnification shall survive Closing or any termination of this Agreement.

  • Broker’s Commission The parties recognize as the broker(s) who negotiated this Lease the firm(s), if any, whose name(s) is (are) stated in Item 10 of the Basic Lease Provisions, and agree that Landlord shall be responsible for the payment of brokerage commissions to those broker(s) unless otherwise provided in this Lease. Tenant warrants that it has had no dealings with any other real estate broker or agent in connection with the negotiation of this Lease, and Tenant agrees to indemnify and hold Landlord harmless from any cost, expense or liability (including reasonable attorneys' fees) for any compensation, commissions or charges claimed by any other real estate broker or agent employed or claiming to represent or to have been employed by Tenant in connection with the negotiation of this Lease. The foregoing agreement shall survive the termination of this Lease. If Tenant fails to take possession of the Premises or if this Lease otherwise terminates prior to the Expiration Date as the result of failure of performance by Tenant, Landlord shall be entitled to recover from Tenant the unamortized portion of any brokerage commission funded by Landlord in addition to any other damages to which Landlord may be entitled.

  • Brokerage Commissions All brokers' commissions and other charges incident to the purchase, sale or lending of the Fund 's portfolio securities.

  • 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.

  • CONFIDENTIAL PORTIONS OMITTED AND FILED SEPARATELY WITH THE COMMISSION LICENSE AGREEMENT PAGE 7

  • FEDERAL MARITIME COMMISSION Ocean Transportation Intermediary License Revocations

  • Broker’s Commissions Buyer and Seller each hereby represent that, except for the Broker listed herein, there are no other brokers involved or that have a right to proceeds in this transaction. Seller shall be responsible for payment of commissions to the Broker pursuant to a separate written agreement executed by Seller. Seller and Buyer each hereby agree to indemnify and hold the other harmless from all loss, cost, damage or expense (including reasonable attorneys' fees at both trial and appellate levels) incurred by the other as a result of any claim arising out of the acts of the indemnifying party (or others on its behalf) for a commission, finder's fee or similar compensation made by any broker, finder or any party who claims to have dealt with such party (except that Buyer shall have no obligations hereunder with respect to any claim by Broker). The representations, warranties and indemnity obligations contained in this section shall survive the Closing or the earlier termination of this Agreement.

  • Commission Payments In consideration of the award of this Framework Agreement and the management, marketing and administration by the Authority of the overall contractual structure and associated documentation Contracted Customers will pay the Customer Commission to the Authority. The Supplier shall, unless the Authority notifies the Supplier that the Contracted Customers shall pay the Authority directly, collect the Customer Commission from the relevant Customers and then pay such Customer Commission to the Authority. The Supplier shall invoice each Contracted Customer each Month under the terms of this Framework Agreement and Customer Contracts. The Supplier shall submit to the Authority, on or before the fifth Day of each such Month or such other Day as is notified to the Supplier by the Authority a statement of the total Commission included in invoices to Contracted Customers under all Customer Contracts in the previous Month (“Monthly Statement”). The Parties may agree (such agreement not to be unreasonably withheld or delayed by the Supplier) alternative arrangements for Monthly Statements, including Monthly Statements based on an estimate of the Commission to be recovered under Customer Contracts (with periodic reconciliation against actuals). On receipt of the Monthly Statement the Authority may submit an invoice (“Commission Invoice”) to the Supplier (at its nominated address for invoices) in respect of the Commission set out in that Monthly Statement (“Commission Due”). The Commission Due, as set out in each Commission Invoice, shall be paid by the Supplier to the Authority within twenty (20) Working Days of the date of issue of the Commission Invoice (“Due Date”). Each Commission Invoice shall include Value Added Tax on the Commission Due at the rate and in the manner prescribed by Law from time to time. The Authority shall pay to HMRC an amount equal to any such Value Added Tax. If the Supplier does not pay the Commission Due by the Due Date, the Authority may charge the Supplier interest at a rate of three percent (3%) over LIBOR, as the same may vary from time to time, from the Due Date until such time as the Commission Due is received by the Authority. The Supplier shall be liable to the Authority for all direct costs incurred in collecting any Commission Due from the Supplier. If the Supplier disputes in good faith any Commission Invoice the Supplier shall pay any undisputed amount on or before the Due Date. The Supplier shall give the Authority notice of the amount in dispute and the reasons for the dispute as soon as reasonably practicable. The Parties shall seek to settle the disputed amount as soon as reasonably possible. If the Parties fail to resolve the disputed amount within twenty (20) Working Days of receipt by the Authority of the notice referred to in Clause 5.5, the matter shall be a Dispute and shall be settled in accordance with the Dispute resolution mechanism set out in Clause 16. Any adjustment payment required to be made in accordance with the resolution or determination of a Dispute under Clause 16 shall be made within three (3) Working Days of that resolution or determination.

  • 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.

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