CONTINUING SERVICES AND ROYALTY FEE Sample Clauses

CONTINUING SERVICES AND ROYALTY FEE. A. Franchisee shall pay without offset, credit or deduction of any nature, to Franchisor, so long as this Agreement shall be in effect, a weekly Continuing Services and Royalty Fee equal to three percent (3%) of the Gross Sales derived from the Franchised Business. Said Continuing Services and Royalty Fee shall be paid weekly in the manner specified below or as otherwise prescribed in the Confidential Operations Manual. 1. On or before each Wednesday, Franchisee will submit to Franchisor on a form approved by Franchisor, a correct statement, signed by Franshisee, of Franchisee's Gross Sales for the preceding week ending Saturday. Franchisee will make available to Franchisor for reasonable inspection during normal business hours and with or without prior notice by Franchisor, all original books and records that Franchisee may deem necessary to ascertain Franchisee's Gross Sales 2. The term "Gross Sales", as used herein and throughout this Agreement, shall mean and include the total of all sales of all Trademarked Product Lines, merchandise, products or services to customers of Franchisee, (including interim deposits) whether or not sold or performed at or from the EASYRIDERS Franchised Business, and whether received in cash, in services in kind, from barter and/or exchange, on credit (whether or not payment is received therefor) or otherwise. There will be deducted from Gross Sales for purposes of said computation (but only to the extent they have been included) the amount of all sales tax receipts or similar tax receipts which, by law, are chargeable to customers, if such taxes are separately stated when the customer is charged and if such taxes are paid to the appropriate taxing authority. There will be further deducted from Gross Sales the amount of any documented refunds, chargebacks, credits and allowances given in good faith to customers by Franchisee. All barter and/or exchange transactions pursuant to which Franchisee furnishes services and/or products in exchange for goods or services to be provided to Franchisee by a vendor, supplier or customer will, for the purpose of determining Gross Sales, be valued at the full retail value of the goods and/or services to provided to Franchisee.
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CONTINUING SERVICES AND ROYALTY FEE. 8 IV. PAYMENT........................................................10 V.
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CONTINUING SERVICES AND ROYALTY FEE. 3.01. Franchisee shall pay to Franchisor, without offset, credit or deduction of any nature, so long as this Agreement shall be in effect, a monthly Continuing Services and Royalty Fee in an amount equal to (a) three and three quarters percent (3.75%) of all Non-Fuel Revenue (as defined in Section 3.03(a) below); (b) three cents ($.03) per gallon on all sales at or from the Franchised Premises of gasoline which was purchased from a supplier other than Franchisor; and (c) three percent (3%) of all revenues earned directly or indirectly by Franchisee from or pertaining to all branded fast food sales approved for sale by Franchisor, after deducting from such amount the amount of royalties and advertising fees actually paid by Franchisee to any licensor or franchisor with respect thereto. 3.02. In addition to the payments described in 3.01 above, Franchisee agrees that it shall pay to Franchisor Improvement Rent (as defined in Exhibit B of the Lease Agreement), in the event Franchisor (either upon request of Franchisee or at Franchisor's sole discretion) performs or makes capital expenditures to improve the Franchised Premises, including but not limited to improvements to allow for the sale of branded fast food which has been approved in writing by Franchisor. The amount of such Improvement Rent shall be determined in accordance with Exhibit B of the Lease Agreement. 3.03. As used in this Agreement, the following terms shall have the meanings set forth below:
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CONTINUING SERVICES AND ROYALTY FEE. A. Franchisee shall pay without offset, credit or deduction of any nature to Franchisor, so long as this Agreement shall be in effect, a weekly Royalty Fee equal to six percent (6%) of the Gross Sales derived from the Franchised Business. Said fee shall be paid weekly in the manner specified below or as otherwise prescribed in the Manual. 1. On or before Friday of each week, Franchisee will submit to Franchisor, on a form approved by Franchisor, a correct statement, signed by Franchisee, of Franchisee's Gross Sales for the preceding week just ended Friday. Each weekly statement of Gross Sales shall be accompanied by Franchisee's calculation of the Royalty Fee payment based on the Gross Sales reported in the statement so submitted and a sales report for the preceding week just ended Friday. Franchisee shall make available to Franchisor all original books and records that Franchisor may deem necessary to ascertain Franchisee's Gross Sales for reasonable inspections at reasonable times.
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CONTINUING SERVICES AND ROYALTY FEE. 3.1 Commencing on January 1, 1994, Franchisee shall pay to Franchisor, without offset, credit or deduction of any nature, so long as this Agreement shall be in effect, an annual continuing services and royalty fee in an amount equal to three percent (3%) of the excess of all Non-Fuel Revenue derived from the Franchised Business during the calendar year over the Non-Fuel Revenue derived from the Franchised Business during the Base Year ("Continuing Services and Royalty Fee"). Such fee shall be paid monthly in arrears in the manner set forth in the Confidential Operations Manual. 3.2 On or before the tenth (10th) day of each month commencing February 1, 1994, Franchisee shall calculate the Non-Fuel Revenue derived from the Franchised Business during the prior month just ended ("Monthly Non-Fuel Revenue Amount"). If the Monthly Non-Fuel Revenue Amount exceeds the Average Monthly Base, Franchisee shall pay to Franchisor on or before the tenth (10th) day of each month, three percent (3%) of the excess of the Monthly Non-Fuel Revenue Amount over the Average Monthly Base. If the Monthly Non-Fuel Revenue Amount is less than the Average Monthly Base, Franchisor shall credit Franchisee's account in the amount of three percent (3%) of the difference between the Monthly Non-Fuel Revenue Amount and Average Monthly Base and shall deduct such amount from the Continuing Services and Royalty Fee payments due in subsequent months for the remainder of such calendar year. In January of each year, Franchisor shall reconcile Franchisee's monthly payments of Continuing Services and Royalty Fees for the preceding year just ended. In the event that Franchisee has overpaid the amount due for Continuing Services and Royalty Fees in any calendar year, Franchisor shall refund to Franchisee any Continuing Services and Royalty Fees paid by Franchisee during such preceding calendar year. 3.3 On or before the tenth (10th) day of each month Franchisee will submit to Franchisor on a form approved by Franchisor, a correct statement, signed by Franchisee, of Franchisee's Monthly Non-Fuel Revenue Amount for the preceding month just ended. Each monthly statement shall be accompanied by Franchisee's calculation of the Continuing Services and Royalty Fee payment based on the Monthly Non-Fuel Revenue Amount reported in the statement so submitted for the preceding month just ended. Franchisee shall make available to Franchisor for reasonable inspections at reasonable times all original books and re...
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CONTINUING SERVICES AND ROYALTY FEE. A. Until December 30, 1987, FRANCHISEE shall pay to FRANCHISOR, so long as this Agreement shall be in effect, a Continuing Service and Royalty Fee equal to four percent (4%) of the total gross receipts from each Ryan's Family Steak House franchised hereunder, said Fee to be paid monthly in the manner specified below or otherwise prescribed in the Confidential Operating Manual. 1. FRANCHISEE shall submit to FRANCHISOR, on a form approved by FRANCHISOR, a correct statement of gross receipts signed by an appropriate officer of FRANCHISEE, no later than the tenth (10th) day of each month. Each monthly statement of gross receipts shall be accompanied by the Continuing Services of Royalty Fee payment based on the gross receipts reported in the statement so submitted. FRANCHISEE will make available for reasonable inspection at reasonable times by FRANCHISOR, all original books and records that FRANCHISOR may deem necessary to ascertain gross receipts.
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CONTINUING SERVICES AND ROYALTY FEE. A. Franchisee shall pay without offset, credit or deduction of any nature, to Franchisor, so long as this Agreement shall be in effect, a monthly Continuing Services and Royalty Fee equal to 2% of the Gross Sales derived from the Franchised Retail Business. Said Continuing Services and Royalty Fee shall be paid monthly in the manner specified below or as otherwise prescribed in the Confidential Operations Manual. 1. On the 15th day of each month, Franchisee will submit via facsimile to Franchisor on a form approved by Franchisor, a correct statement, signed by Franchisee, of Franchisee's Gross Sales for the preceding month just ended. The Continuing Services and Royalty Fee payment shall be mailed to Franchisor at such time or Franchisor may require Franchisee to submit proof that such payment was made via electronic funds transfer. Franchisee will make available to Franchisor for reasonable inspection at reasonable times by Franchisor, all original books and records that Franchisor may deem necessary to ascertain Franchisee's Gross Sales.
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CONTINUING SERVICES AND ROYALTY FEE. A. FRANCHISEE shall pay to FRANCHISOR, so long as this Agreement shall be in effect, a Continuing Services and Royalty Fee (equal to a percentage in accordance with the Table below) per mortgage credit report ("unit") made by FRANCHISEE'S gross sales derived from the "FACTUAL DATA" Business franchised hereunder. Said royalty is to be paid monthly in the manner specified below or as otherwise prescribed in the Operations Manual. TABLE OF ROYALTY CHARGES Number of Units Sold Per Month Percentage of Gross Sales Number of Units Sold Per Month 5% of Gross sales sold per month * ON ALL UNITS SOLD THAT MONTH The FRANCHISEE acknowledges that the above table reflects a total rate for ALL units sold that month, and that only one percentage rate is applied, that being the greatest percentage rate attained each month. The FRANCHISEE agrees to permit FRANCHISOR access to its computers to obtain FRANCHISEE'S sales reports for the previous month of operations. This access will be given not later than the 5th day of each month. The continuing services and royalty fee payment based on the gross sales shown by FRANCHISEE'S computer records must also be paid no later than the 10th day of each month. FRANCHISOR will also utilize FRANCHISEE'S sales reports for the preparation of FRANCHISEE'S monthly billing statements. FRANCHISEE will make available for reasonable inspection at reasonable times by FRANCHISOR, all original books and records that FRANCHISOR may deem necessary to ascertain gross sales.
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Related to CONTINUING SERVICES AND ROYALTY FEE

  • License Fees and Royalties Consistent with the applicable U.S. DOT Common Rules, the Recipient agrees that license fees and royalties for patents, patent applications, and inventions produced with federal assistance provided through the Underlying Agreement are program income, and must be used in compliance with federal applicable requirements.

  • License Fee The Licensee to shall make payment of the License Fee to Licensor on the date of this Agreement. All rights granted to Licensee by Producer in the Beat are conditional upon Licensee’s timely payment of the License Fee. The License Fee is a one-time payment for the rights granted to Licensee and this Agreement is not valid until the License Fee has been paid.

  • Fees and Royalties In consideration for the license granted herein to LICENSEE under Patent Rights LICENSEE agrees to pay to UNIVERSITY: (a) license maintenance fees of i) [***] on the [***] anniversary of the Effective Date, and ii) [***] on the [***] anniversary of the Effective Date, and iii) [***] on the [***] and annually thereafter on each anniversary of the Effective date; (b) an earned royalty of [***] on Net Sales; [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. (c) [***] of all sublicense fees received by LICENSEE from its Sublicensees that are not earned royalties. All fees and royalty payments specified in this Paragraph 3.1 shall be paid by LICENSEE in accordance with the provisions of Paragraph 4.3. If there are multiple, stacking royalties required to be paid by LICENSEE to any third party in order to exercise its rights hereunder to make, have made, use or sell the Licensed Products and the resulting aggregate royalty rate is [***], then the royalty rate under Section 3.1.(b) will be adjusted so that the combined royalty payments from LICENSEE to all of its licensors, including UNIVERSITY, does not exceed [***]. The royalty rate payable to UNIVERSITY will be reduced [***] to a rate determined by [***], provided, however, that in no event shall the royalty rate payable to LICENSEE be less than [***]. Notwithstanding the foregoing, if LICENSEE’s agreement with any of such other licensors provides for a royalty proration formula based on an aggregate royalty rate [***], LICENSEE and UNIVERSITY will replace the aggregate royalty rate set forth in this Section with [***].

  • License Maintenance Fee LICENSEE will pay to REGENTS an annual license maintenance fee of [Written amount] U.S. Dollars ($Number) on the one (1) year anniversary date of the Effective Date and on each anniversary of the Effective Date thereafter. Notwithstanding the foregoing, the license maintenance fee will not be due and payable on any anniversary of the Effective Date, if on such date the LICENSEE is selling LICENSED PRODUCTS or LICENSED METHODS, and LICENSEE pays an earned royalty to REGENTS.

  • License Fees If so provided in the Prospectus, the Depositor may enter into a Licensing Agreement (the "Agreement") with a licensor (the "Licensor") described in the Prospectus in which the Trust(s), as consideration for the licenses granted by the Licensor for the right to use its trademarks and trade names, intellectual property rights or for the use of databases and research owned by the Licensor, will pay a fee set forth in the Agreement to the applicable Licensor or the Depositor to reimburse the Depositor for payment of the expenses. If the Agreement provides for an annual license fee computed in whole or part by reference to the average daily net asset value of the Trust assets, for purpose of calculating the accrual of estimated expenses such annual fee shall accrue at a daily rate and the Trustee is authorized to compute an estimated license fee payment (i) until the Depositor has informed the Trustee that there will be no further deposits of additional Securities, by reference to an estimate of the average daily net asset value of the Trust assets which the Depositor shall provide the Trustee, (ii) thereafter and during the calendar quarter in which the last business day of the period described in clause (i) occurs, by reference to the net asset value of the Trust assets as of such last business day, and (iii) during each subsequent calendar quarter, by reference to the net asset value of the Trust assets as of the last business day of the preceding calendar quarter. The Trustee shall adjust the net asset value (Trust Fund Evaluation) as of the dates specified in the preceding sentence to account for any variation between accrual of estimated license fee and the license fee payable pursuant to the Agreement, but such adjustment shall not affect calculations made prior thereto and no adjustment shall be made in respect thereof. (17) Sections 2.05(a) and 2.05(b) are hereby amended and replaced in their entirety with the following:

  • Sublicense Fees Licensee will pay Sublicense Fees indicated in Section 3.1(e) of the Patent & Technology License Agreement on or before the Quarterly Payment Deadline for the Contract Quarter.

  • Payments and Royalties 3.1 As an initial non-refundable payment for the licenses and rights herein granted to SHENZHEN HIGH POWER under this Agreement, SHENZHEN HIGH POWER shall pay to OBC the up-front fees, without subtraction or deduction of Chinese withholding taxes, if any, pursuant to the schedule set forth in Appendix II attached hereto. 3.2 In addition to the lump sum payment under Article 3.1 above, SHENZHEN HIGH POWER shall pay to OBC non-refundable running royalties, also pursuant to the schedule set forth in Appendix II hereto, of the Net Selling Price of the Licensed Consumer Hydride Batteries sold or Otherwise Disposed Of by SHENZHEN HIGH POWER and its Affiliates (either directly or through sales representatives or agents) in any country of the world during the period commencing on the Effective Date of this Agreement and ending upon the expiration of the last to expire of the Licensed Patents. 3.3 Notwithstanding that a Licensed Consumer Hydride Battery may be covered by (i) the claims of one or more of the Licensed Patents or (ii) the claims of one or more of the Licensed Patents in one or more countries throughout the world, SHENZHEN HIGH POWER, in connection with the manufacture or sale of the Licensed Consumer Hydride Batteries by SHENZHEN HIGH POWER, its successors or assigns shall be obliged to pay a single royalty hereunder and only on the first sale of such Licensed Consumer Hydride Batteries and not on any subsequent sale or resale thereof and all end-users, distributors, customers, dealers, or suppliers of SHENZHEN HIGH POWER, its successors or assigns of such Licensed Consumer Hydride Batteries shall be licensed to use and/or sell the same. 3.4 All statements submitted and all payments made pursuant to Article 3.1 and Article 3.2 herein shall be stated and made in U.S. legal tender at the selling rate of authorized foreign exchange bankers in various individual countries under the license for transfers to New York in U.S. dollars on the date on which payments are made as required hereunder.

  • CONTRACT FEE An annual charge for administration expenses made on each contract anniversary prior to the Maturity Date.

  • License Maintenance Fees Licensee will pay license fees in the amounts set forth in Sections 3.1(d) of the Patent & Technology License Agreement in accordance with the stated schedule.

  • Minimum Royalties If royalties paid to Licensor do not reach the minimum royalty amounts stated in Section 3.3 of the Patent & Technology License Agreement for the specified periods, Licensee will pay Licensor on or before the Quarterly Payment Deadline for the last Contract Quarter in the stated period an additional amount equal to the difference between the stated minimum royalty amount and the actual royalties paid to Licensor.

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