Complementary Terms. This Earn-out Agreement is a material part of the Asset Agreement, and are intended to be interpreted and applied consistently therewith. In the event that any material conflict exists between the application of the provisions of this Earn-Out Agreement and the provisions of the Asset Acquisition Agreement, the language of this Earn- Out Agreement shall control and supercede any conflicting provision of the Asset Acquisition Agreement, without voiding or invalidating any other provision of either this Earn-Out Agreement or the Asset Agreement. SIGNATURE PAGE FOLLOWS WHEREFORE, the parties hereto have executed this Earn-Out Agreement as of the date first above written.
Complementary Terms. The terms of this section are in addition to those of the IBM Business Partner Agreement and apply to Business Partners approved under the Complementary Marketing Terms Attachment or the Systems Integrator Attachment. We specify a fixed dollar fee (Fee Opportunity) or a percent (Fee Percent) for each Product. A description of each fee follows: BASE AMOUNT COMPENSATION The fee-based Solution Provider will determine the End User's discount percent (up to the maximum percent identified as the fee opportunity for the Product in the product table) which determines the amount invoiced to the Customer. The compensation received by the fee-based Solution Provider is the difference between the fee opportunity percent less the percentage discount provided to the customer (exclusive of taxes). The Product price to the customer cannot be more than the Product's list price as set by IBM at time of installation.
Complementary Terms. This Earn-out Agreement is a material part of the Asset Agreement, and is intended to be interpreted and applied consistently therewith. In the event that any material conflict exists between the application of the provisions of this Earn-Out Agreement and the provisions of the Asset Agreement, the language of this Earn-Out Agreement shall control and supercede any conflicting provision of the Asset Agreement, without voiding or invalidating any other provision of either this Earn-Out Agreement or the Asset Agreement.
Complementary Terms. Where the context so requires, wherever the masculine is used in this Agreement it shall be read as if the feminine was expressed and vice versa; wherever the singular is used it shall be read as if the plural was expressed and vice versa.
