Compensation to Agent. Agent shall be compensated for its services hereunder as may from time to time be agreed upon in writing between the two parties. The Fund will reimburse Agent for all out-of-pocket expenses, including, but not necessarily limited to, postage, confirmation forms, etc. Special projects, not included in the fee schedule and requested by proper instructions from the Fund, shall be completed by Agent and invoiced to the Fund as mutually agreed upon.
Compensation to Agent. Except as provided for in Section 4.2 below, the Company shall compensate Agent for the marketing and promotion of the Products, in accordance with the Agent Compensation Schedule attached as Exhibit A, and Agent agrees that the following terms and conditions shall apply:
a. Agent shall receive compensation only on business written by Agent and (ii) business written by Agent’s Representatives. Agent shall accept the compensation set forth on the Agent Compensation Schedule as compensation in full for all services performed and for all expenses incurred by Agent under this Agreement for the promotion and sale of the Products in all cases where Agent’s claim to compensation is disputed or is otherwise questionable, the Company shall have the right, in its sole and absolute discretion, to decide and settle the dispute. Any decision of the Company shall be final, binding, conclusive and nonappealable;
b. Agent, and not the Company, shall have the sole responsibility to compensate Solicitor Agents for all activities conducted by Solicitor Agents on Agent’s behalf. Agent shall ensure that the compensation methodology and the compensation amounts to be paid to Solicitor Agents comply at all times with CMS requirements and applicable Medicare Laws and Regulations, and any other applicable federal and state laws and regulations. Agent agrees to disclose to the Company at any time the compensation structure and amounts payable or paid to Solicitor Agents;
c. In accordance with Medicare Laws and Regulations, the Company shall establish one or more MA Plan compensation structures and one or more PDP Plan compensation structures for new and renewal enrollments effective for each plan year (the “Annual Commission Schedule”);
i. For the beneficiary’s initial year of enrollment in an MA Plan or PDP Plan, as determined by CMS, Agent and Representatives shall be compensated during the plan year at the Initial Year rate specified in the Annual Commission Schedule for the plan year and thereafter at the Renewal Year rate specified in the Annual Commission Schedule for the plan year for as long as the individual remains enrolled as a Member in a Company MA Plan or a Company PDP Plan, as applicable, throughout each renewal year, and provided that Agent, and for applications written by Representatives, provided that Agent and Representative remain licensed, appointed and certified by the Company as having completed the training and testing required by the Company for each renewa...
Compensation to Agent. As compensation to Agent for Agent's services provided to Assix under this Agreement, Assix agrees to compensate Agent in accordance with Exhibit C.
Compensation to Agent. 5 Section 2.04
Compensation to Agent. The Owner shall pay to the Agent a commission (the Agent's Commission) for the services to be rendered hereunder, of an amount equal to 50% of all Net Rentals generated by the Unit during the Term hereof. Such commission shall be payable monthly not later than on the tenth day of each month. For purposes hereof, Net Rentals shall mean the aggregate of all Gross Rental Income generated by the Unit each month during the Term hereof, less the following deductions (the "Operational Charges"):
(a) A marketing and administrative charge payable to the Agent equal to 15% of the Gross Rental Income generated by the Unit during each month,
(b) Travel agency and/or tour operator commission charge equal to the actual expense of travel agent's or tour operator's commissions incurred each month in the rental of the Unit, but not to exceed an amount equal to 5% of the aggregate Gross Rental Income generated by the Unit during the same period,
(c) Electricity expense incurred by the Unit each month,
(d) Water and sewer expense incurred by the Unit each month,
(e) Cable T.V. charges incurred by the Unit each month,
(f) Regular monthly regime maintenance fee ("Regime Maintenance Fee") assessed on the Unit, excluding any special assessments for paint, extraordinary repairs, replacement of capital common assets and insurance,
(g) Repair and maintenance expense of household appliances and furniture of the Unit in an amount not to exceed $400, as actually incurred each month, but excluding the replacement of any furniture, lamps, rugs, curtains or major electrical, plumbing or other appliances. The annual fees of the Preventive Maintenance Plan Agreement shall be deemed an Operational Charge.
(h) Expenses incurred each month in the replacement of glass, silver, china and other minor household items of the Unit,
(i) A guest amenity charge of five dollars per day, per guest occupying the Unit during each month, to contribute towards the cost of complimentary food, beverage and other gratuitous services offered by the Agent to guests staying at the Unit, and
(j) housekeeping charges ("Housekeeping Charges"), as indicated on Exhibit A.
(k) Annual premium of the home-owners policy referenced in Section 29(e) of this Agreement shall be deemed an Operation Charge up to the sum of $520.00.
Compensation to Agent. For and in consideration of performing the above-described services, Agent shall be paid a fee as follows:
Compensation to Agent. Subject to entry of the Approval Order:
(a) Agent shall receive, as its compensation for services rendered to Merchant, the Agent’s Fee, plus all remaining Proceeds of the Sale after payment of the Guaranteed Amount, Expenses of the Sale, the Recovery Amount, if any, and all other amounts payable to Merchant from Proceeds hereunder. Pursuant to Section 15.9, the Agent shall also be entitled to receive a commission based on the net proceeds of the sale of FF&E.
(b) All Merchandise remaining at the Sale Termination Date (the “Remaining Merchandise”) shall become the property of Agent, free and clear of all liens, claims and encumbrances of any kind or nature, subject to Merchant’s right to payment of the Recovery Amount, if any, and any other amount owing hereunder, and the proceeds received by Agent from the disposition of such unsold Merchandise shall constitute Proceeds hereunder. Agent must dispose of the Remaining Merchandsie in a commercially reasonable manner. Notwithstanding the foregoing, Agent shall exercise commercially reasonable efforts to dispose of all of the Merchandise during the Sale Term.
Compensation to Agent. (a) After payment of the Guaranteed Amount by Agent to Merchant, Agent shall receive as its compensation for services rendered to Merchant pursuant to this Agreement: (i) five percent (5.0%) of the aggregate Cost Value of the Merchandise (“Agent’s Fee”), plus twenty-percent (20%) of all remaining Proceeds of the Sale after payment of the Guaranteed Amount, Expenses, and all other amounts payable to Merchant from Proceeds hereunder. Merchant shall retain the other eighty percent (80%) of all such remaining Proceeds of the Sale after payment of the Guaranteed Amount, Expenses, and all other amounts payable to Merchant from Proceeds hereunder.
(b) Provided that no Event of Default has occurred and continues to exist on the part of Agent, and after all payments are made to Merchant as required hereunder, and provided the Security Conditions set forth in Section 16 are satisfied or the Guaranteed Amount has been paid in full, all Merchandise remaining at the Sale Termination Date (the “Remaining Merchandise”) shall become the property of Agent, free and clear of all liens, claims and encumbrances of any kind or nature, and the proceeds received by Agent from the disposition, in a commercially reasonable manner, of such unsold Merchandise shall constitute Proceeds hereunder.
Compensation to Agent. A. Management Fee. Agent shall receive no monthly management fee.
B. Reimbursement for Out-of-Pocket Expenses
1. In the event Agent incurs out-of-pocket expenses on behalf of Owner, Owner shall reimburse Agent for all amounts within sixty (60) days of presentation of receipts for such expenses. Any purchase exceeding $5,000 must be approved by the Board prior to purchase. Out of pocket expenses may include, but are not limited to, the following:
a) Receptionist/Secretary
b) Furniture, Fixtures & Equipment
c) Office and Cleaning Supplies
d) Telecommunications
2. Owner shall be responsible for any and all ordinary and necessary business expenses which Agent reasonably incurs in performing its duties hereunder. The Agent shall be responsible to provide reasonable corroboration to the Owner of any such expense.
Compensation to Agent. Agent shall be compensated for its services hereunder as may from time to time be agreed upon in writing between the two parties. (See attached Schedules A & B.) The Trust will reimburse Agent for all out-of-pocket expenses, including, but not necessarily limited to, postage, confirmation forms, etc. Special projects, not included in the fee schedule and requested by proper instructions from the Trust, shall be completed by Agent and invoiced to the Trust as mutually agreed upon.
