Cost and payment procedure Sample Clauses

Cost and payment procedure. 6.1. The amount of the fee for the provision of Services (for each product with an individual Means of identification) is 2.68 Tenge for 1 (one) Marking Code and its traceability, excluding value added tax (hereinafter - VAT). VAT in the amount stipulated by the tax legislation of the Republic of Kazakhstan shall be paid in excess of the cost of one Marking Code (Means of Identification). Settlements under the Contract shall be carried out in Tenge. 6.2. Due to the fact that the maximum tariffs for Services are established by the legislation of the Republic of Kazakhstan, if there is a change in the legislation of the Republic of Kazakhstan in this part, the amount of the fee can be changed by the Operator unilaterally, with notification to the Client by placing an announcement on the Operator’s Internet resource and (or) sending a notification in the Personal Profile no later than 20 (twenty) working days before the date of the fee change. 6.3. Payment for Services shall be carried out by transferring the Client to the Operator of the money recorded on the balance of his/her Personal Account. Replenishment of the Personal Account shall be carried out by the Client by making payments to the Operator’s Bank Current Account specified in the Contract, as well as through supported payment systems. The Client's personal account shall be replenished after the money is credited to the Operator’s account. In case of receipt of money on weekends or holidays, crediting to the Client's Personal Account takes place on the first working day. 6.4. Accounting of money on the Client’s personal account shall be carried out in Tenge. When the Client pays in US dollars, Euro, or Russian rubles, the money received by the Operator shall be converted into Tenge at the exchange rate set by the Operator’s Servicing Bank on the day of conversion. The received amount in Tenge shall be credited to the balance of the Client’s Personal Account. 6.5. Considering that Contracts with non-residents fall under currency control measures, the Client shall take the necessary measures to ensure a sufficient amount of money on his/her personal account balance. The Operator is not responsible for the delay in crediting money to the Operator’s currency accounts by the Servicing Bank in connection with the implementation of currency control measures. 6.6. The procedure for requesting Marking Codes by the Client in accordance with this Contract is specified in Appendix No. 5 to the Contract. 6.7. T...
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Cost and payment procedure. 4.1. The cost of Telecommunication services is determined based on the rates established by Operator in accordance with clause 2.3 hereof. 4.2. The cost of Telecommunication services includes the One-off charge for the allocation of Identifiers, the cost of Operator’s services relating to the maintenance of Identifiers and provision of user access to the Service. 4.3. Client shall pay for the allocation of Identifiers within 10 (ten) banking days from receipt of the invoice and statement of work from Operator, unless the Parties have agreed otherwise. In each his payment, Client shall indicate the reference number of the invoice that is being paid. 4.4. Should the Client wish to use more Identifiers, he shall pay for each new Identifier within 10 (ten) business days from receipt of the Operator’s invoice and statement of work. 4.5. Settlements between the Parties shall be based on Operator’s billing data. 4.6. Operator shall by the 15th of the month following the Accounting period provide the Client with the Work Completion Certificate, invoice and Reconciliation statement (Certificates) in respect of the services provided by Operator in the previous Accounting period. 4.7. Client shall within 3 (three) working days from the date of receipt of the certificates from Operator sign the Certificates and send them back to Operator. 4.8. If discrepancy between the Parties’ reporting data is less than 5%, the settlements between the Parties shall be based on Operator’s billing data. 4.9. In case of discrepancies in the reported data of the Parties by more than 5%, Client shall, not later than three
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Cost and payment procedure. 4.1. The cost of Telecommunication services shall be based on the rates established by Operator and published on its website at xxxxx://xxx.xxxxx.xx/ru/article/bulk-SMS and xxxxx://xxx.xxxxx.xx/ru/ article/for-partners. 4.2. The cost of Telecommunication services includes the One-off charge for the connection of Digital identifiers, the cost of Operator’s services relating to their maintenance and transfer of data by means of the Service. 4.3. Client shall pay for the connection to Digital identifiers within 10 (ten) banking days from receipt of the invoice from Operator or Agent, unless he Parties have agreed otherwise. Should the number of connected Identifier increase, the Client shall pay the cost of each newly connected Identifier within 10 (ten) business days from receipt of invoice from Operator or Agent. 4.4. Operator has the right to grant the Client a grace period for payment of the One-off charge for 4.5. Settlements between the Parties shall be based on Operator’s billing data. The Client agrees to be charged for all attempts to send messages to the Operator’s SMS Center, including each attempt to send messages which were returned by the Operator’s SMS Center with error report. 4.6. Operator or Agent shall by the 15th of the month following the Accounting period provide the Client with the Work Completion Certificate, Reconciliation statement in respect of the services provided by Operator as well as invoice for the past Accounting period. 4.7. Client shall within 10 (ten) working days from the date of receipt of the certificates from Operator or Agent sign the certificates and send them back to Operator or Agent. 4.8. In the event of any inconsistency in the reporting data of the Parties, constituting less than 5%, the settlement payments shall be considered resolved and the data of Operator shall be accepted as the estimated value. 4.9. In case of discrepancies in the reported data of the Parties by more than 5%, Client shall, not later than three (3) working days from the date of receipt of the Report, send a written complaint to Operator or Agent by registered letter with acknowledgment of receipt, enclosing the detailed report on the Service. If Operator agrees with the claim of Client, the Parties shall amend the Report and/or the invoice payable. In case Operator disagrees with the claim of Client, the Parties shall reconcile to determine the cause of discrepancies and subsequent approval of the amount of services. After mutual reconcili...
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Cost and payment procedure. 6.1 The cost of equipment (Dex-Node device), including the amount of payment for business cooperation packages selected by the Partner, is specified on the website of the Operator, its technical partners and in Appendix No. 1 of this Agreement. 6.2 The cost of the equipment and business cooperation packages shall be specified in USDT - an electronic analog of US dollars, a stablecoin used in smart contracts. 6.3 Partner's bonuses to be paid out are accounted for by the Operator's billing system (automated settlement system). The information of the Operator's billing system is the only and sufficient basis for mutual settlements of the Parties and is not subject to proof by the Operator.
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Cost and payment procedure. 2.1. The cost of one Advertising contract is calculated by the formula: 2.2. The Channel Owner has the right to change the cost of one Advertising Contract, but only after the initial Repayment. 2.3. The FinPanda's revenue is not included in the cost of the Advertising Contract and is 15%.
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Cost and payment procedure. 4.1. The cost of a service (services) (the cost of the Contract) shall be determined on the basis of a services (services) selected and specified by the Consumer in the application, and the service (services) shall be paid according to the tariffs that are in effect on the date the service (services) specified in NAIS Operator's Price List posted on the NAIS Operator's website are provided. 4.2. The Consumer shall make 100% prepayment of the cost of a service (services) by transferring funds to the current account of the NAIS Operator through the Consumer's account via the Assist payment system. Settlements between the Parties shall be made in Belarusian rubles. 4.3. When the Consumer pays for a service (services) through the Assist payment system, it shall take the following actions: after making a service request using its IPES account,2 selecting the payment method in the Assist system, with redirection to the authorisation page of the Assist Belarus electronic payment system; 2 making a Service Request – this is an action taken by the Consumer to obtain information in an automatic mode when the NAIS contains the required information, or in a manual mode when the Consumer has to enter additional information required for the provision of a service (services). after redirection to the authorisation page of the Assist Belarus electronic payment system, entering the surname, username, e-mail address, as well as bank card details (card number, card expiration date, cardholder name, as well as CVC2 or CVV2 numbers); checking the correctness of the entered data; making a payment by clicking on the "Pay" button. After making an advance payment in the IPES account, the Consumer shall go to the "Current Service Orders" tab, click the "Get a Service" button. 4.4. The term for the provision of a service (services) shall be no later than the working day following the day the Consumer makes a request for the provision of a service (services), provided that the Consumer fulfills the obligations specified in Clause 3.3 Subclause 3. 3.1. of the Contract; The service shall be deemed provided by the NAIS Operator when the Consumer receives the result of the service provision in its account. 4.5. The Parties agree that the NAIS Operator and the Consumer shall compile an acceptance certificate of the services rendered that confirms the provision of a service (services) by the NAIS Operator, at their sole discretion in accordance with Article 10 Clause 6 of the Law of the Re...
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Cost and payment procedure. 4.1. The cost of Telecommunication services includes the One-off charge for the connection of Digital identifiers, as well as the cost of maintenance of the Identifiers and the cost of transmission and classification of SMS messages (traffic templating) calculated based on the Operator’s rates: - a one-time payment for the provision of Identifier and the monthly cost of Identifier maintenance according to Table 1; Table 1. One-time payment for the provision of Identifier and the monthly cost of Identifier maintenance, tenge including VAT Operator Tariff type Identifier category* Platinum 3-digit, 4- digit, AAA, AAAA, Gold 3-digit numbers other than Platinum category - AAX, XAX, XAA, ABC; 4-digit numbers other than Platinum category - XAAA, AAAX, ABCD, DCBA, AABB, ABBA, ABAB, ABAA; Silver 3-digit numbers other than Platinum, Gold category - BXC, AXB;4-digit numbers with 2identical digits in a row: ABCC, AABC,ABBC, andalso ABCB, BABC Bronze All numbersother than Platinum, Gold, Silver category Kcell JSC One-time payment* (tenge) 1 Digital Identifier** – 250 000 2 Digital Identifiers** – 500 000 3 Digital Identifiers** – 500 000 4 Digital Identifiers** – 1 000 000 5 Digital Identifiers** – 1 000 000 More than 5 Digital Identifiers** – 1 500 000 Monthly cost of Identifier maintenance(tenge) 150 000 70 000 25 000 15 000 * 3-, 4-digit Digital Identifiers are applicable for SMS; ** One-time payment for the provision of Identifier established by this section of the Table applies in case of a one-time provision of the specified number of Identifiers. Each subsequent provision of Identifiers shall be paid according to the specified section of the Table, regardless of the number of Identifiers previously provided. Table 2. Cost of services by type of SMS-bulk for Shared Identifiers* and Dedicated Identifiers** Type of SMS Cost per one SMS sent by the Client to the User within Kcell JSC network including templating, tenge, incl. VAT Transactional 9 Service 10 Advertising 11 Note:
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Related to Cost and payment procedure

  • Payment Procedure (a) The Lead Securitization Note Holder (or the Master Servicer acting on its behalf), in accordance with the priorities set forth in Section 3 and subject to the terms of the Lead Securitization Servicing Agreement, shall deposit or cause to be deposited all payments allocable to the Notes to the Collection Account and/or related Companion Distribution Account (each as defined in the Lead Securitization Servicing Agreement) pursuant to and in accordance with the Lead Securitization Servicing Agreement. The Lead Securitization Note Holder (or the Master Servicer acting on its behalf) shall deposit such payments to the applicable account within one Business Day of receipt of properly identified and available funds by the Lead Securitization Note Holder (or the Master Servicer acting on its behalf) from or on behalf of the Mortgage Loan Borrower (provided, that to the extent that any payment is received after 2:00 p.m. (Eastern Time) on any given Business Day, the Master Servicer is required to use commercially reasonable efforts to deposit such payments into the applicable account within one (1) Business Day of receipt of such properly identified and available funds but, in any event, the Master Servicer is required to deposit such payments into the applicable account within two (2) Business Days of receipt of such properly identified and available funds). (b) If the Lead Securitization Note Holder determines, or a court of competent jurisdiction orders, at any time that any amount received or collected in respect of any Note must, pursuant to any insolvency, bankruptcy, fraudulent conveyance, preference or similar law, be returned to the Mortgage Loan Borrower or paid to any Note Holder or any Servicer or paid to any other Person, then, notwithstanding any other provision of this Agreement, the Lead Securitization Note Holder shall not be required to distribute any portion thereof to any Non-Lead Securitization Note Holder and each Non-Lead Securitization Note Holder shall promptly on demand by the Lead Securitization Note Holder repay to the Lead Securitization Note Holder any portion thereof that the Lead Securitization Note Holder shall have theretofore distributed to such Non-Lead Securitization Note Holder, together with interest thereon at such rate, if any, as the Lead Securitization Note Holder shall have been required to pay to any Mortgage Loan Borrower, Master Servicer, Special Servicer or such other Person with respect thereto. (c) If, for any reason, the Lead Securitization Note Holder makes any payment to any Non-Lead Securitization Note Holder before the Lead Securitization Note Holder has received the corresponding payment (it being understood that the Lead Securitization Note Holder is under no obligation to do so), and the Lead Securitization Note Holder does not receive the corresponding payment within five (5) Business Days of its payment to such Non-Lead Securitization Note Holder, such Non-Lead Securitization Note Holder shall, at the Lead Securitization Note Holder’s request, promptly return that payment to the Lead Securitization Note Holder. (d) Each Note Holder agrees that if at any time it shall receive from any sources whatsoever any payment on account of the Mortgage Loan in excess of its distributable share thereof, it shall promptly remit such excess to the applicable Note Holder, subject to this Agreement and the Lead Securitization Servicing Agreement. The Lead Securitization Note Holder shall have the right to offset any amounts due hereunder from a Non-Lead Securitization Note Holder with respect to the Mortgage Loan against any future payments due to such Non-Lead Securitization Note Holder under the Mortgage Loan. Such Non-Lead Securitization Note Holder’s obligations under this Section 8 constitute absolute, unconditional and continuing obligations.

  • Cost and Payment Contractor shall be paid for goods/services rendered satisfactorily per the negotiated fees and schedules incorporated hereto. All payment will be arrears. Payment shall be made per request upon receipt of a detailed invoice. The invoice submitted shall note the purchase order number and must be delivered to the Accounts Payable Department at the address noted on Purchase Order.

  • Rates and Payment Process Subject to the SAA, the Project Funding for the provision of the Services shall be as specified in Appendix A to this PFA.

  • Disbursement Procedure Subject to compliance by the Contracting Party with all the terms, provisions and conditions of this Agreement, including, but not limited to, the conditions precedent set forth within Sections 3, 4 and 5 hereof, the Board will cause its Depository to disburse sums to the Contracting Party, or to the appropriate payee, for the purpose of paying Costs of Construction items specified in the Approved Budget, in accordance with the following procedures:

  • Adjustment Procedure (a) Prior to Closing, Company has caused to be prepared and delivered to Buyer a certificate signed by Company’s chief financial officer containing a calculation of Company’s estimation of (i) the Working Capital as of the close of Company’s business on the day immediately preceding the Closing, and (ii) the Adjustment Amount, if any, (the “Estimated Closing Working Capital Statement”). As required by Section 2.2 of this Agreement, the cash portion of the Purchase Price to be paid in accordance with Section 2.4(b)(i) of this Agreement will (x) be decreased by the estimated Adjustment Amount if the estimated Adjustment Amount is below US $1.00 and (y) remain unchanged (subject to future adjustments pursuant to Section 2.6(b)) if the estimated Adjustment Amount is greater than US $1.00. For purposes of preparation of the Estimated Closing Working Capital Statement the Remaining Inter-Company Receivable as of the Closing Date shall be deemed to be $0. (b) Buyer will prepare (or cause to be prepared) a working capital statement (“Closing Working Capital Statement”) of Company as of the Closing Date, including a computation of the Working Capital as of the Closing Date. Buyer will deliver the Closing Working Capital Statement to Parent within sixty (60) consecutive days after the Closing Date. The Working Capital shall be deemed accepted and conclusive and binding, unless Parent shall give written notice to Buyer of the items with which Parent disagrees (“Disagreement Notice”) within twenty (20) consecutive days after the receipt by Parent of the Closing Working Capital Statement (or the due date thereof if not so delivered). The Disagreement Notice shall specify each item disagreed with by Parent (or Parent’s calculation thereof), the dollar amount of the disagreement. Buyer and Parent shall, during the twenty (20) consecutive days after receipt by Buyer of the Disagreement Notice, negotiate in good faith to resolve any such disagreements with respect to the Closing Working Capital Statement and Working Capital calculation. If at the end of such twenty (20) consecutive days, Buyer and Parent have been unable to resolve their disagreements, either Buyer or Parent may engage, on behalf of Buyer and Parent, Xxxxx Xxxxxxxx LLP (or such other Person mutually agreed to in writing by the parties, the “Unaffiliated Firm”) to resolve the matters set forth in the Disagreement Notice. The Unaffiliated Firm shall (i) resolve the disagreement as to the Closing Working Capital Statement as promptly as possible after its engagement by the parties, but in any event the parties shall direct the Unaffiliated Firm to complete its findings and report within twenty (20) consecutive days after its engagement, (ii) thereby consider and resolve only those items in the Disagreement Notice which remain unresolved between Buyer and Parent, and (iii) shall otherwise employ such procedures as it, in it sole discretion, deems necessary or appropriate in the circumstances with regard to the time limit specified. The Unaffiliated Firm shall submit to Buyer and Parent a report of its review of the items in the Disagreement Notice as promptly as practicable and shall include in such report its determination of the Working Capital, which adjustments shall be no more favorable to Buyer than reflected in the Closing Working Capital Statement, and no more favorable to Parent than reflected in the Disagreement Notice. The determinations so made by the Unaffiliated Firm shall be conclusive, binding on, and non-appealable by, the parties hereto. The fees and disbursements of the Unaffiliated Firm shall be borne one half by Parent and one half by Buyer. (c) The parties hereto agree that for purposes of determining and comparing the Closing Working Capital Statement, as finally determined pursuant to this Section 2.6(b), with the Estimated Closing Working Capital Statement, an exchange ratio of US $0.5443 per UK £1 shall be used and that there will be no changes as a result of fluctuations in the exchange rate. (d) Within ten (10) Business Days after the Working Capital calculation becomes final and binding on the parties, (A) if the Working Capital is negative, Parent shall pay such Adjustment Amount to Buyer by wire transfer in immediately available funds to the extent such amount was not already deducted from the Purchase Price pursuant to Section 2.6(a) and (B) if the Working Capital is positive, Buyer shall pay such Adjustment Amount to Parent by wire transfer in immediately available funds. (e) For purposes of calculating Working Capital and the Adjustment Amount pursuant to this Section 2.6, the following items shall not be included in the calculation of current assets: (i) Fees to be paid to the Company by Xxxxxxxxx 3G UK Limited pursuant to an oral agreement confirmed in an email dated October 21, 2004, for the provision of support and maintenance services for the month of October by the Company in the approximate net amount of £98,000; (ii) Any amount of unreceived rent (approximately £37,000) to be returned to the Company upon renewal of the lease by Picochip, a subtenant in the Company offices located in Bath, England; and (iii) The T-Mobile Receivable (as defined below). (f) The parties acknowledge and agree that the receivable associated with the T-Mobile Bought Team October Services in the approximate amount of £145,000 (“T-Mobile Receivable”) has been excluded from the preparation of the Estimated Closing Working Capital Statement and shall be excluded from the preparation of the Closing Working Capital Statement. Buyer agrees to cause the Company to use commercially reasonable efforts to collect the T-Mobile Receivable in the same manner it collects its other accounts receivables. If the Company receives any payments with respect to the T-Mobile Receivable, Buyer shall pay Parent an amount equal to the amount Company received in respect of the T-Mobile Receivable (less reasonable collection costs, if any) within ten (10) consecutive days following the end of the month in which such payment is received, without interest.

  • Reimbursement Procedure All claims for reimbursement must be submitted or forwarded to MediCard Head Office within thirty (30) calendar days after discharge from the hospital. Failure to do so shall invalidate the claim, except if it can be shown in writing that it was not reasonably possible to furnish such documents within thirty (30) calendar days. Required documents in availing reimbursement: a. Emergency confinement in non-accredited hospital attended by a non-accredited doctor ▪ Duly filled-up claim form ▪ Clinical Abstract ▪ Medical Certificate to include complete final diagnosis ▪ Surgical/Operative report if an operation was done ▪ Original Official Receipt paid to hospital and doctor ▪ Hospital statement of account and corresponding charge slips ▪ Police report if due to accident or medico-legal case ▪ Incident report why MEMBER was confined in a non-accredited hospital b. Emergency confinement in an accredited hospital attended to by a non-accredited doctor ▪ Duly filled-up claim form ▪ Clinical Abstract ▪ Medical Certificate to include complete final diagnosis ▪ Original Official Receipt paid to the hospital and doctor ▪ Hospital statement of account and corresponding charge slips ▪ Police report if due to accident or medico-legal case ▪ Incident report or proof that MediCard accredited doctor was not available during the time of confinement c. Out-Patient emergency consultation/treatment by a non-accredited doctor in areas where there are accredited hospitals/clinics. ▪ Medical Certificate to include complete final diagnosis ▪ Original Official Receipt paid to the doctor ▪ Incident report ▪ Police report if due to accident or medico-legal case d. Out-Patient emergency or non-emergency consultation/treatment by a non- accredited doctor in areas where there is no accredited Hospital/Clinic. ▪ Medical Certificate to include complete final diagnosis ▪ Original Official Receipt ▪ Incident report ▪ Police report if due to accident or medico-legal case

  • Settlement Procedure 4.1. The Client has the right to withdraw his/her own funds which are not encumbered with deposit obligations or Commission payments in case of Copy Trading. 4.2. Money transfers are made within 1-3 banking days. 4.3. Money transfer can be deferred by the Company for the period of 14 working days in exceptional cases requiring verification of compliance of trading and non-trading operations conducted by the Client with the terms and conditions of this Agreement. If such situation occurs, Company shall immediately notify Client by e-mail specified in the Client Profile. The Client has the right to request the status of the verification process only by contacting Trading operations department by e-mail at: xxxxxxx@xxxxxxxxxxx.xxx. 4.4. The Client’s payment instruction received, the amount to withdraw is deducted from the 4.5. In case of return of funds, the Client pays transfer fees. 4.6. The Client gives all instructions related to deposits and withdrawals of funds from the account through the Client's Profile in the order determined by the algorithm of Client's Profile operation. 4.7. The Company corrects balances in the accounts with a fixed negative value in the “Balance” column in the trading terminal on the 1st of each month. Correction (setting to zero) of trading accounts shall be applied solely to those accounts in which no trades are conducted at the moment of correction, i.e. no active open trading positions are present (pending orders will not be considered). Bonus funds are deducted from the “Credit” column with the comment “bonus_out (negative balance)”. At the same time, funds in the amount equal to the negative balance value are put into the account with the comment “Zero Balance Correction”. 4.8. The Client can withdraw funds from his/her account using any payment system which is accessible in the Client’s Profile. 4.8.1. If funds withdrawal is made via electronic payment systems, the withdrawal is possible only to the same system and with the same payment details within the system that were used to top up the trading account, and in same currency in which the deposit was made. If the account was topped up by different ways, in various currencies and using different payment details, withdrawals should be made proportionally. 4.8.2. If the Client’s payment details within the payment system are changed for some reason, the Client shall notify the Company by sending an email to the financial department with a photo where the Client is holding an ID close to his/her face attached. Otherwise, the Company reserves the right to deny funds withdrawal by use of new payment details. 4.9. Deposit of Client’s funds can be made by any methods available on the Company’s site. 4.9.1. The Client acknowledges that in case of software failure there can be delays in depositing funds in his/her trading account. 4.9.2. The Company undertakes to deposit funds in the Client’s trading account in case of any software failure resulting in delay in automated deposit provided that the Company was informed about the delay by the Client. 4.10. The Company doesn’t charge any deposit or withdrawal fees from Clients’ trading accounts. 4.11. The Client understands and accepts the fact that his/her money withdrawal request may be declined, and money will be retransferred to the Client’s account if the Client did not provide necessary identification information (copy of ID document, bank card or any other documents required by the Company based on the AML policy) upon the Company’s request via the Client’s Profile within 7 (seven) business days following the request. 4.12. The Client agrees that the Company may accept and make payments through payment agents. In particular, Skrill and Neteller payments are processed through LiteFinance Consulting Limited registered at Xxxxxx 00 Xxxxxxxx Xxxxx, 00 Xxxx Xxxxxx, XX 11 1 AA, Gibraltar, and acting as a payment agent of LiteFinance Global LLC.

  • Reporting and Payment Procedures The Sub-recipient shall report at least quarterly all expenses incurred and associated project activities carried out with CDBG and non-CDBG funds. The Sub-recipient shall follow the reimbursement request process as set forth by the County and CDBG program administrator. Reimbursements are subject to the following but not limited to: eligibility of expenses, proper reporting and expense documentation, availability of funds, and authorization by the County and CDBG program administrator. DocuSign Envelope ID: E4D55B2A-BBB1-48FF-A259-0798F37C0F0E

  • Accounts; Payment Procedure The Servicing Agreement shall provide that the Master Servicer shall establish and maintain the Collection Account or Collection Accounts, as applicable. Each of the Note A-1 Holder and the Note A-2 Holder hereby directs the Master Servicer, in accordance with the priorities set forth in Section 3 hereof, and subject to the terms of the Servicing Agreement, (i) to deposit into the applicable Collection Account within the time period specified in the Servicing Agreement all payments received with respect to the Mortgage Loan and (ii) to remit from the applicable Collection Account for deposit or credit on the applicable Master Servicer Remittance Date all payments received with respect to and allocable to Note A-1 and Note A-2 by wire transfer to accounts maintained by the Note A-1 Holder and the Note A-2 Holder, respectively; provided that delinquent payments received by the Master Servicer after the related Master Servicer Remittance Date shall be remitted by the Master Servicer to such accounts within the time period specified in the Servicing Agreement. If any Servicer holding or having distributed any amount received or collected in respect of Note A-1 or Note A-2 determines, or a court of competent jurisdiction orders, at any time that any amount received or collected in respect of Note A-1 or Note A-2 must, pursuant to any insolvency, bankruptcy, fraudulent conveyance, preference or similar law, be returned to the Borrower or paid to the Note A-1 Holder, the Note A-2 Holder or any Servicer or paid to any other Person, then, notwithstanding any other provision of this Agreement, no Servicer shall be required to distribute any portion thereof to the Note A-1 Holder or the Note A-2 Holder, as applicable, and the Note A-1 Holder or the Note A-2 Holder, as applicable, shall promptly on demand repay to such Servicer the portion thereof which shall have been theretofore distributed to the Note A-1 Holder or the Note A-2 Holder, as applicable, together with interest thereon at such rate, if any, as such Servicer shall have been required to pay to the Borrower, the Note A-1 Holder, the Note A-2 Holder, any Servicer or such other person or entity with respect thereto. Each of the Note A-1 Holder and the Note A-2 Holder agrees that if at any time it shall receive from any sources whatsoever any payment on account of the Mortgage Loan in excess of its distributable share thereof, it will promptly remit such excess to the Master Servicer. The Master Servicer shall have the right to offset any amounts due hereunder from the Note A-1 Holder or the Note A-2 Holder, as applicable, with respect to the Mortgage Loan against any future payments due to the Note A-1 Holder or the Note A-2 Holder, as applicable, under the Mortgage Loan, provided, that the obligations of the Note A-1 Holder and the Note A-2 Holder under this Section 5 are separate and distinct obligations from one another and in no event shall any Servicer enforce the obligations of any Holder against any other Holder. The obligations of the Note A-1 Holder and the Note A-2 Holder under this Section 5 constitute absolute, unconditional and continuing obligations and each Servicer shall be deemed a third-party beneficiary of these provisions.

  • Escalation Procedure Tentative Rates for those species and products listed in A4a are subject to quarterly escalation in accordance with the following pro- cedures: The calendar quarter index average for each price index described in A5 is the arithmetic average of the three such monthly price indices preceding January 1, April 1, July 1, and October 1. The difference between calendar quarter index average and Base Index listed in A4a shall be the basis for quarterly escalation. To arrive at Current Contract Rates for timber Scaled during the preceding calendar quarter, Tentative Rates for each species shall be reduced or increased by such difference, except when the calendar quarter index average is: (a) Less than the Base Index, the reduction shall not result in a rate below Base Rate or (b) Greater than the Base Index, the increase shall not exceed the difference between Tentative Rate and Base Rate. In the event of Contract Term Extension, the escala- tion procedure will be used during the extension period, except that adjusted payment rates for any calendar quar- ter cannot be less than Tentative Rates, for each species and product group, established under B8.23 for the ex- tension period.

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