CONSIDERATION AND METHOD OF PAYMENT. 5.1 Once the Products have been accepted by Purchaser as prescribed in Article 3 herein, Seller shall submit an invoice for the cost and shall certify that the billing is true and correct. Services will be invoiced as they are rendered. Purchaser agrees to pay Seller in accordance with Mississippi law on “Timely Payments for Purchases by Public Bodies”, Sections 31-7-301, et seq. of the 1972 Mississippi Code Annotated, as amended, which generally provides for payment of undisputed amounts by the State within forty-five (45) days of receipt of the invoice. Seller understands and agrees that Purchaser is exempt from the payment of taxes. All payments shall be in United States currency. No payment, including final payment, shall be construed as acceptance of defective Products or incomplete work, and the Seller shall remain responsible and liable for full performance in strict compliance with the contract documents specified in the article herein titled “Entire Agreement”.
5.2 Acceptance by the Seller of the last payment from the Purchaser shall operate as a release of all claims against the State by the Seller and any subcontractors or other persons supplying labor or materials used in the performance of any work under this Agreement.
CONSIDERATION AND METHOD OF PAYMENT. The total consideration allocated to provide the Scope of Services as set forth herein not to exceed $20,000.00 to be billed at the rate of $130.00 per hour. Billing likely to exceed said amount shall require further authorization. Billing shall be made by Voucher only with itemized invoice attached. Vouchers shall be submitted periodically as work is performed on not less than a monthly basis. Payment by the City shall be made within thirty (30) days of the presentation of the Voucher. If employees of the City request services from the Consultant which exceed the Scope of Services contained in this Contract, the Consultant shall not perform the services requested until an amendment to the Contract has been approved by Resolution of the Board of Commissioners.
CONSIDERATION AND METHOD OF PAYMENT. (a) The undersigned agrees to pay cash consideration or cancellation of indebtedness (“Cash Consideration”) to purchase the number of Shares subscribed for hereunder in the amount set forth on the signature page, which represents the payment in full for all Shares subscribed hereunder for cash Cash Consideration and Stock consideration are collectively referred to herein as “Consideration.”
CONSIDERATION AND METHOD OF PAYMENT. 2.1 The Purchase Price of the Property shall be the sum of Three Thousand One Hundred and Fifty- One Dollars ($3,151.00) of lawful money of Canada, (the “Purchase Price”), plus any applicable taxes and adjustments.
2.2 The Purchase Price shall be payable by Cheque, in trust, to the Vendor’s Solicitor in trust, or by such other means of payment as the Vendor may otherwise direct, on the Closing Date, subject to the adjustments stipulated within this Agreement.
2.3 In consideration of the Vendor agreeing to sell the Property to the Purchaser, the Purchaser agrees to purchase the Property from the Vendor.
CONSIDERATION AND METHOD OF PAYMENT. A. The OWNER agrees to pay the CONSULTANT the amount of Four Hundred Forty-Four Three Hundred Nineteen and 00/100 Dollars ($444,319.00) for CDBG Grant Administration and Program Delivery .
B. For CDBG Grant Administration and Program Delivery Cost Services, the CONSULTANT will submit invoices specifying accomplishments toward meeting the tasks as specified in Attachment A. The invoice shall be submitted to the OWNER’s contract manager for review. Upon approval of the contract manager of their designated representative, the payment will be issued as soon as practicable.
C. All financial reports shall be submitted in detail sufficient for a proper pre- and post- audit thereof.
CONSIDERATION AND METHOD OF PAYMENT. A. Total. For the complete and satisfactory performance of this grant agreement, as determined by ARC, Grantee shall be paid by ARC a total sum not to exceed $1,000,000 of actual, reasonable and eligible project costs. Grantee shall pay, or cause to be paid, the non-ARC share of $1,000,000 in cash, contributed services, or in-kind contributions, as approved by ARC. Payments under this Agreement shall be made to the Grantee through the Tennessee Department of Economic and Community Development, as Fiscal Agent. The Grantee shall not incur any project-related costs nor begin construction without prior approval from the Fiscal Agent.
CONSIDERATION AND METHOD OF PAYMENT. 3.01 Subject to the terms and conditions of this Agreement, the Vendor hereby sells, assigns and transfers to the Purchaser and the Purchaser hereby buys from the Vendor the Purchased Assets for the aggregate sum of: (1) $5,171,173.00 (which sum represents 80% of the Purchase Price), subject to Adjustment as set out in paragraph 3.04; PLUS (2) that amount (the "Remaining Balance of the Purchase Price") as shall be determined in accordance with the terms of paragraph 3.05 herein; (both amounts together are referred to herein collectively as the "Purchase Price")
3.02 For all purposes (including federal and state income tax purposes), the parties agree to allocate the aggregate of the Purchase Price (as adjusted pursuant to the First Adjustment or the Second Adjustment - collectively referred to herein as the "Adjustment") among the Purchased Assets as follows (the "Allocation"): (i) $103,423.50 shall be allocated to the Fixed Assets owned by DKWS and listed on Schedule "B"; (ii) $103,423.50 shall be allocated equally to the covenants of DKWS, JWK, TK and the Trust as set forth in the Non-Competition Agreements attached as Schedule "F" hereto; (iii) $2,482,163.00 shall be allocated to the Goodwill, and (iv) $2,482,163.00 shall be allocated to the Purchased Book of Business. Each of Purchaser and Vendor shall file, in accordance with the Internal Revenue Code of 1986, as amended (the "Code"), an Asset Acquisition Statement on Form 8594 with its federal income tax return for the tax year in which the Closing Date occurs, and shall contemporaneously provide the other party with a copy of the Form 8594 being filed. The Form 8594 shall be consistent with the Allocation. Each of Purchaser and Vendor also shall file any additional Forms 8594 from time to time as are required to reflect any Adjustment to the Purchase Price as required hereunder or any alteration in the allocation required by the Purchaser's auditor, and again shall contemporaneously provide the other party with a copy of the additional Form 8594 being filed. If there is an Adjustment in the Purchase Price resulting from the application of Article 3.00 hereof, then the amounts allocated to Goodwill and the Purchased Book of Business shall each be reduced by an equal amount corresponding to one half of the Adjustment. Once the amount of the Remaining Balance of the Purchase Price has been determined then the parties hereto agree to allocate such amount equally between Goodwill and the Purchased Book o...
CONSIDERATION AND METHOD OF PAYMENT. 3.1 NOTE TO TECHNOLOGY CONSULTANT: THE LANGUAGE HERE MAY EITHER BE BASED ON AN HOURLY RATE, OR BASED ON THE COMPLETION OF SPECIFIC DELIVERABLES OR CERTAIN PROJECT MILESTONES. IF CONTRACTOR IS TO BE PAID ON AN HOURLY BASIS WITHOUT REGARD TO DELIVERABLES/PROJECT MILESTONES, SAMPLE LANGUAGE TO USE WOULD BE AS STATED IN THE FOLLOWING 3 PARAGRAPHS: As consideration for the performance of this Agreement, Customer shall pay Contractor $INSERT AMOUNT per hour for the actual number of hours worked, not to exceed INSERT # hours. It is understood by the parties that travel, subsistence and any related project expenses are included in this hourly rate. No additional costs will be added to the monthly invoices for such expenses. It is expressly understood and agreed that in no event will the total compensation to be paid hereunder exceed the specified sum of $INSERT AMOUNT . Contractor shall keep daily records of the actual number of hours worked and of the tasks performed and shall immediately supply such records to Customer upon request.
3.2 Contractor shall submit an invoice monthly with the appropriate documentation to Customer for any month in which services are rendered. Upon the expiration of this Agreement, Contractor shall submit the final invoice with appropriate documentation to Customer for payment for the services performed during the final month of this Agreement. Customer agrees to make payment in accordance with Mississippi law on “Timely Payments for Purchases by Public Bodies”, Section 31-7-301, et seq. of the 1972 Mississippi Code Annotated, as amended, which generally provides for payment of undisputed amounts by Customer within forty-five (45) days of receipt of the invoice. Contractor understands and agrees that Customer is exempt from the payment of taxes. All payments shall be in United States currency. No payment, including final payment, shall be construed as acceptance of defective or incomplete work, and the Contractor shall remain responsible and liable for full performance.
3.3 Acceptance by the Contractor of the last payment from the Customer shall operate as a release of all claims against the State by the Contractor and any subcontractors or other persons supplying labor or materials used in the performance of the work under this Agreement. IF CONTRACTOR IS TO BE PAID UPON THE COMPLETION OF DELIVERABLES/PROJECT MILESTONES AND THE ACCEPTANCE OF SAME BY CUSTOMER, SAMPLE LANGUAGE TO USE WOULD BE AS STATED IN THE FOLLOWING 4 PARAGRAPHS: 3.1...
CONSIDERATION AND METHOD OF PAYMENT a. Theater shall pay Producer a fee of $42,500 per week during the term, provided that if less than six (6) shows are presented in any week, subject to the next sentence, the amount paid to Producer for such week shall be reduced by $7,083.33 for each show less than six (6) that is presented. If the show is presented for any partial week at the beginning or end of a performance season, such fee shall be pro-rated based on days performed, but in no event shall any payment be made between January 1 and March 1 of any year. Payment shall be made on a weekly basis to Producer and made available to Producer each Monday morning before 10:00 a.m., Knoxville time, following the week's performance. Theater will be in default if payment is not made in full within ten (10) days of written notice of such nonpayment as provided herein.
CONSIDERATION AND METHOD OF PAYMENT a. Theater shall pay Producer a fee of $42,500 per week during the term, provided that if less than six (6) shows are presented in any week, subject to the next sentence, the amount paid to Producer for such week shall be reduced by $7,083.33 for each show less than six (6) that is presented. If the show is presented for any partial week at the beginning or end of a performance season, such fee shall be pro-rated based on days performed, but in no event shall any payment be made between January 1 and March 1 of any year. Payment shall be made on a weekly basis to Producer and made available to Producer each Monday morning before 10:00 a.m., Knoxville time, following the week's performance. Theater will be in default if payment is not made in full within ten (10) days of written notice of such nonpayment as provided herein.
b. The fee provided for in subparagraph (a) of this paragraph shall be adjusted as of March 1 of each year, beginning March 1, 1998, for "cost of living" changes in accord with the Consumer Price Index for Urban Wage Earners and Clerical Workers (all items) for the Southern United States published by the Southern Office of the United States Department of Labor, Bureau of Labor Statistics (the "index"). Each adjustment shall be made by multiplying the weekly payment for the last full week of the prior calendar year by a fraction, the numerator which shall be the most recent index in effect at the time of such adjustment, and the denominator of which shall be the index for January, 1997. The product shall be the adjusted weekly payment until the next adjustment occurs. If the index changes so that the base (denominator) differs from that originally used, the index shall be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics. If the index is discontinued or revised during the term hereof, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would have been obtained if the index had not been discontinued or revised.
c. As further consideration hereunder, Producer shall have the exclusive right to film and/or video tape the Show or excerpts thereof and shall make such film and/or video tape available to Theatre at Producer's actual cost. All income from sales or rental of such film or video tape sold in Xxxxxx County shall inure to the benefit of the Theater.
