CREDITS AGAINST PAYMENTS DUE Sample Clauses

CREDITS AGAINST PAYMENTS DUE. (a) Beginning on the date on which no further payments are due under Section 3.4, Cetus shall be entitled to a credit against all payments thereafter due under this Agreement, until the full amount paid under Section 3.4 and the Limited Partner's Fraction of any amounts paid under Section 6 of the Marketing Agreement (to the extent such amounts have not been paid to Cetus under Section 5.2(a) of the Marketing Agreement) has been so credited; provided, however, that the total credit taken under this Section 3.6(a) in any calendar quarter shall not exceed ten percent of the payments otherwise due under this Agreement (before taking account of any credits taken or allowed under this Agreement) for such quarter. (b) To the extent that Cetus funds any cost overruns under Section 5.2 of the Development Contract for which it has not been paid in accordance with Section 5.2(b) of the Marketing Agreement, Cetus shall be entitled to a credit against amounts otherwise due under this Agreement in an amount equal to the Limited Partner's Fraction multiplied by 40 percent of such Cetus-funded cost overruns, until the Limited Partner's Fraction of 40 percent of such Cetus-funded cost overruns has been credited in full. (c) Notwithstanding the foregoing, the total credit taken by Cetus in respect of any calendar quarter under Sections 3.6(a) and (b) and Section 3.1 shall not exceed 25 percent of the amounts otherwise payable to the Limited Partner for such calendar quarter (before taking account of any credits taken under this Agreement). Any excess shall be carried over from quarter to quarter until such excess has been credited in full in accordance with this Section 3.6(c).
Sample 1
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CREDITS AGAINST PAYMENTS DUE. Notwithstanding the foregoing, Cetus shall receive, as a credit against payments otherwise due in respect of any product in any country other than the United States an amount equal to 50% of Cetus' and its Affiliates' costs and expenses of obtaining regulatory approval of such product in such country; provided, however, that in the case of a therapeutic product, such amounts shall be amortized over a five year period and credited only through the month during which foreign payments in respect of the product become no longer payable. In each case, such credit shall not exceed in any calendar year more than 25% of the payments otherwise due in respect of such product in such country, with any balance being carried over to subsequent years.
Sample 1
CREDITS AGAINST PAYMENTS DUE. Notwithstanding the provisions of Section 3, Licensee shall receive, as a credit against payments otherwise due under Section 3, an amount equal to 50% of Licensee's costs and expenses of obtaining regulatory approval of the Licensed Product in any country incurred after regulatory approval has been obtained from either (i) the FDA or (ii) comparable regulatory authorities in two other Major Market Countries. Such credit with respect to any such additional approval shall be taken against payments otherwise due under Section 3 after the date of such additional approval.
Sample 1

Related to CREDITS AGAINST PAYMENTS DUE

  • Invoicing for Charges Against the Judicial Council’s Master Account A. The Contractor shall establish a Master Account for the Judicial Council’s charges provided for under the exhibits of this Agreement. B. Charges to the Master Account shall be settled with Citibank CMC, as defined herein. C. The Contractor's final invoice for the Master Account shall include the Judicial Council Contract Number set forth on the face of this Agreement and shall be itemized to show the applicable and allowable charges by date and event/category/activity and number served, as appropriate. D. For performing the Work of this Agreement, the Contractor shall xxxx the Judicial Council for the total actual charges against the Master Account, based upon the prices stated herein and itemized to provide the following details, if applicable: i. Sleeping room charges as set forth in Exhibit C; ii. Meeting room rental charges as set forth in Exhibit D; iii. Food and beverage charges as set forth in Exhibit E; and/or iv. Charges for miscellaneous requirements as set forth in Exhibit F. E. If the Contract is terminated in whole or in part, pursuant to either the termination for cause provision or the Judicial Council’s obligation subject to availability of funds provision, as set forth in Exhibit A, the Contactor shall xxxx the Judicial Council for only those applicable and allowable charges accrued up to the effective date of termination, itemized as set forth above in this provision. F. If the Contract is terminated pursuant to the Termination Fee charge provision, as set forth in Exhibit B, the Contractor shall xxxx the Judicial Council for the allowable and applicable Termination Fee, as set forth in Table 2, below, and shall offset the Termination Fee by rental charges for the meeting and function rooms that the Contractor received from Third Parties during the Program

  • WARRANTY AGAINST CONTINGENT FEES 8.50.1 The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon any Contract or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. 8.50.2 For breach of this warranty, the County shall have the right to terminate this Contract and, at its sole discretion, deduct from the Contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

  • Preferential Collection of Claims Against Company The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.

  • COVENANT AGAINST CONTINGENT FEES The contractor warrants that no person or agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee except employees or agencies maintained by the contractor for the purpose of securing business. For the breach or violation of this warranty, the State may terminate this contract without liability or in its discretion deduct from the contract price or consideration the full amount of the commission, percentage, brokerage or contingent fee.

  • Preferential Collection of Claims Against the Issuer The Trustee is subject to TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.

  • Preferential Collection of Claims Against the Issuers The Trustee is subject to TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.

  • Preferential Collection of Claims Against the Company The Trustee shall comply with Section 311(a) of the Trust Indenture Act, excluding any creditor relationship described in Section 311(b) of the Trust Indenture Act. A Trustee who has resigned or been removed shall be subject to Section 311(a) of the Trust Indenture Act to the extent included therein.

  • Prohibition Against Contingent Fees As required pursuant to O.C.G.A. §50-22-6(d), the Design Professional warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for its, to solicit or secure this contract and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for its, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or the making of this Contract.

  • Preferential Collection of Claims Against Issuer The Indenture Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). An Indenture Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated.

  • Preferential Collection of Claims Against Issuers The Trustee is subject to TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.

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