Contingent Commission Sample Clauses
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Contingent Commission. (a) This Amended and Restated Agreement allows for payment of a contingent commission between Company and General Agent as set forth on the attached Commission Schedule Addendum.
(b) Not withstanding any provision in this Amended and Restated Agreement to the contrary, in the event that General Agent is in default or has committed a breach of its obligations under this Amended and Restated Agreement, no contingent commission adjustment shall be paid until such time that General Agent has cured the default or breach.
(c) Not withstanding any provision in this Amended and Restated Agreement to the contrary, no contingent commission that may otherwise become due to General Agent hereunder shall be paid to General Agent until Company first has received such payment from Reinsurer. [**] CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.
Contingent Commission. (a) This Agreement allows for payment of a contingent commission between Company and General Agent as set forth on the attached Commission Schedule Addendum.
(b) Notwithstanding any provision in this Agreement to the contrary, in the event that General Agent is in default or has committed a breach of its obligations under this Agreement, no contingent commission shall be paid until such time as General Agent has cured the default or breach.
Contingent Commission. A. The Reinsurer shall pay the Company a contingent commission equal to 20.0% of the net profit, if any, accruing to the Reinsurer during each accounting period defined herein. The first accounting period shall be from the effective date of this Contract through December 31, 1998, and each subsequent 12-month period (or 15-month period if this Contract is extended through March 31 of any calendar year as provided in paragraph A of Article II) shall be a separate accounting period. However, if this Contract is terminated, the final accounting period shall be from the beginning of the then current accounting period through the date of termination if this Contract is terminated on a "cutoff" basis, or the end of the runoff period if this Contract is terminated on a "runoff" basis.
B. The Reinsurer's net profit for each accounting period shall be calculated in accordance with the following formula, it being understood that a positive balance equals net profit and a negative balance equals net loss:
Contingent Commission. A. The Reinsurer shall pay the Company a contingent commission equal to 50.0% of the net profit, if any, accruing to the Reinsurer during each Contract Year hereunder.
B. The Reinsurer’s net profit for each Contract Year shall be calculated in accordance with the following formula, it being understood that a positive balance equals net profit and a negative balance equals net loss:
1. Gross Premiums Earned for the Contract Year; less
2. Commission allowed the Company on Gross Premiums Earned during the Contract Year; less
Contingent Commission. In addition to the fixed commission set forth in the article entitled REINSURANCE PREMIUM AND COMMISSION, the Reinsurer shall pay to the Company a contingent commission equal to 100% of the Positive Experience Account balance under this Agreement. With respect to the contingent commission and the calculation thereof, the following interpretations and reporting provisions shall apply:
Contingent Commission. In addition to the Commission specified in ARTICLE 10 - PREMIUM AND COMMISSIONS above, the Reinsurer will allow the Reinsured a Contingent Commission of 50.0% in respect of the combined Cumulative Gross Underwriting Profit for business written under this Agreement and for policies written under the Quota Share Reinsurance Agreement between Mutual Service Casualty Insurance Company and the Reinsurers hereunder. Cumulative Gross Underwriting Profit shall be defined as the difference between the actual Gross Loss Ratio (being the ratio of paid and outstanding losses and Loss Expenses plus any involuntary assessments, surcharges or fees relative to policies written hereunder, plus an Incurred But Not Reported ("IBNR") factor as scheduled below, plus 10.0% of any subrogation recoveries paid or payable to the Claim Facility, to the Original Gross Premium for the Agreement Years in question) and 45.0%, multiplied by the Original Gross Premium for the Agreement Years in question. Should the Gross Loss Ratio so calculated exceed 45.0%, no Contingent Commission shall be payable. Contingent Commission to be calculated at December 31, 2001 and annually thereafter in respect of Agreement Years expiring 12 months or more prior to the date of calculation, until in the event of termination of this Agreement, all claims are finally settled or closed. The following IBNR factors will be incorporated in respect of each Agreement Year: 15% of Original Gross Premium in respect of the Agreement Year expiring 12 months prior to the date of calculation.
Contingent Commission. The Reinsurer shall make a further allowance of 100% commission on the net profit for each period, calculated on the following basis: Commission calculations shall be prepared at commutation of each underwriting year of account with all losses occurring on ceded business in force during a calculation period charged against all premium ceded during the same calculation period.
Contingent Commission. Subject to the time limitations set forth below, in addition to the consulting fees fees referenced above, the Company shall pay to the Consultant in cash an amount equal to fifteen percent (15%) of the gross revenue on all signed contracts and/or purchase orders sourced and closed by Consultant during the Consultation Period (the “Contingent Commission”). “Gross revenue” shall mean the amount of the sales price to a new customer as set forth on the contract or purchase order, less any sales tax associated with such sale. The Contingent Commission shall be earned only at such times and only to the extent that the Company actually receives payment from a new customer under an applicable contract or purchase order, and shall be payable within thirty (30) days of the Company’s receipt of such payment. Contingent Commission shall exclude any sales to existing and former clients of SharedLabs and, except as otherwise set forth herein, Consultant shall have no obligation to make sales calls, presentations or engage in other activities with such clients. Company’s obligation to pay Contingent Commission shall terminate sixty (60) days following the end of the term of this agreement. For clarity, if at any time during the sixty (60) days following the twenty fourth months of this agreement with Consultant under Section 2, a sale occurs that would otherwise entitle Consultant to Contingent Commission, then Company shall pay the Contingent Commission on such sale as required herein; however, the Contingent Comission and Company’s obligation to pay same shall terminate after such 60 day “tail” period. Company shall not alter its billing, receivable or other processes to avoid any such payment by making the sale date occur after the sixty (60) day period.
Contingent Commission. A. The Reinsurer shall allow the Company a contingent commission of 50% of the profit, if any, accruing to the Reinsurer hereunder, such profit shall be computed on the following formula:
Contingent Commission. A. Within 24 months following the expiration or termination of this Contract, and annually thereafter until all losses allocated to this Contract are settled, a contingent commission calculation shall be prepared by the Company in accordance with the following, and a contingent commission, if any, paid to the Company by the Reinsurer.
