Customer Credits. (a) For each issuance by a Bank Party of AM to any Collector other than as described in Section 10.2(b), the Bank shall forthwith notify LM of such issuance, which notification shall include notification as to the Collector’s name and Collector number, the number of AM issued and all such other details as LM may reasonably require from time to time (such details to be communicated by LM to the Bank as soon as practicable) and including, starting on January 1, 2001 (or, in the case of offer code by individual product offer and location code, by no later than December 31, 2001) for each Non-BankCard AM, Sponsor code (by line of business), offer code (by individual product offer or specific promotional bonus) and location code, except in each case to the extent the provision of such information by the Bank would be illegal or violate any agreements with customers to which the Bank is a party. LM shall credit such Customer’s or employee’s AM Account with the notified number of AM. The Bank represents and warrants to LM that, to the best of the Bank’s knowledge, the provision of such information by the Bank to LM, including the separation of chequing and savings account balance based AM earned, will not be illegal or violate any such agreement. To the extent nonetheless, that the Bank determines that it may only provide such information with the consent of a Collector, the Bank will use all reasonable efforts to obtain such consent, consistent with its approach generally to the obtaining of similar consents for other purposes from its Customers. Nothing contained in this Section 10.2(a) shall (i) prohibit the Bank from amending the terms of its agreements with its Customers from time to time, even if to do so would create a restriction applicable to the provision of information to LM that did not exist prior thereto, so long as any such amendment by the Bank is made generally and not with a focus specifically related to the provision of information to LM or information of the type which would otherwise have been provided to LM, or (ii) require the Bank to provide information to LM where provision of such information would be illegal. If at any time or from time to time the Bank provides any information to LM in breach of any law or any such agreement, the Bank will indemnify and save LM and its Representatives harmless from and against any and all Costs suffered or incurred by them as a result of its receipt of such information in violation of such law or agree...
Customer Credits. Except for such items described on Schedule 5.15 of the Disclosure Schedule, there are not outstanding any unexpired documents issued or statements made by Seller entitling any customer to a credit discount, refund or rebate.
Customer Credits. The Village hereby adopts the schedule of customer credits for violations. Those credits shall be as provided for in the provisions of 220 ILCS 5/70-501(s) and applied on the statement issued to the customer for the next billing cycle following the violation or following the discovery of the violation. The cable or video provider is responsible for providing the credits and the customer is under no obligation to request the credit. 8-3-4 PENALTIES. The Village, pursuant to 220 ILCS 5/70-501(r)(1), does hereby provide for a schedule of penalties for any material breach of the Cable and Video Protection Law by cable or video providers in addition to the penalties provided in the law. The monetary penalties shall apply on a competitively neutral basis and shall not exceed Seven Hundred Fifty Dollars ($750.00) for each day of the material breach, and shall not exceed Twenty-Five Thousand Dollars ($25,000.00) for each occurrence of a material breach per customer.
(A) Material breach means any substantial failure of a cable or video provider to comply with service quality and other standards specified in any provision of the law.
(B) The Village shall give the cable or video provider written notice of any alleged material breaches of the law and allow such provider at least thirty (30) days from the receipt of the notice to remedy the specified material breach.
(C) A material breach, for the purposes of assessing penalties, shall be deemed to occur for each day that a material breach has not been remedied by the cable or video service provider after the notice in (B).
Customer Credits. The net balance of the Customer Credits as set forth in Section 5.2.1 equaled $245,505.98 on July 27, 2009.
Customer Credits. If Purchaser receives any return, or a customer notifies Purchaser of a product warranty or product liability claim, of a product sold by any Sellers prior to the Closing, Purchaser shall notify Sellers of such return or claim, and Purchaser, after consultation with Sellers, shall determine in good faith (and in consultation with Parent) whether to credit such customer’s account for such return or claim or to take some other action to cure customer’s complaint. Purchaser agrees to in good faith determine the validity of each customer’s claim and use its commercially reasonable efforts to re-use any returns. In the event that Purchaser credits the customer’s account for such return or claim, Purchaser shall be paid for such credit in accordance with Section 9.5 (in the case of a return, such payment to Purchaser shall deduct the amount received, or that can be received at such time, for the scrap metal value of the product and such net amount shall constitute a Loss under Section 9.2 and shall be subject to the limitations on indemnification under Section 9.4(a)) and the parties shall instruct the Escrow Agent to release funds in the amount of such claim.
Customer Credits. For settlement purposes, the Parties agree that the Company will provide annual, calendar year, rate credits to electric customers in the following amounts: credits of $70 million in calendar year 2014; credits of $25 million in calendar year 2015; and credits of $10 million in calendar year 2016. In 2014, the credits will be provided over the eight-month period from May through December. In 2015 and 2016, the credits will be provided over a 12-month period. The credits will be allocated as follows: for each year, 2014-2016, existing customers who are currently receiving standby service under the Standby and Supplemental Service Rider (Standby Customers) will receive, on an annual basis, $5 million of the rate credits set forth above to address their concern regarding transmission charges associated with standby service. The credit for Standby Customers is only available for existing customers who are receiving standby service as of December 31, 2013. The mechanism for allocating the $5 million annual credits among Standby Customers is described below. The remaining credits will be passed through to customers monthly as a credit via a separate EAC factor by customer class and will be allocated to customer classes as follows: Residential Service: 39.0% General Service: 18.3% Large General Service (excluding High Volume/High Load Factor): 34.5% LGS High Volume/High Load Factor/Bulk Service: 7.0% Lighting Service: 1.2% Within customer classes, with the exception of the $5 million credit for Standby Customers, the credits will be distributed based on energy usage. Credit factors for all customers other than Standby Customers will be calculated based on expected sales for each calendar year. The Company will monitor calendar-year credits, based on actual sales as each calendar year progresses, with any adjustments to the credit factors to be made within the respective calendar year, with Board approval. For Standby Customers, the monthly standby service-specific credit will be derived by taking the $5 million credit, dividing by 12 months (except for 2014, which will be divided by eight months) and allocating to customers based on a combination allocator that is based 50% on each Standby Customer’s existing contract demands in calendar year 2013 and 50% on each Standby Customer’s existing billing demands over calendar year 2013. The credit for Standby Customers will be a fixed amount per month and will be reflected as a separate line item on customer bills. Onc...
Customer Credits. The amounts set forth on the Closing Balance Sheet relating to amounts due customers for credits or charge-backs ("Customer Credits") are detailed in Schedule 4.38 annexed hereto. To the best of Seller's knowledge, the Customer Credits are the only credits or charge-backs which Seller owes to its customers. The Customer Credits are valid and made have been given by Seller in its ordinary course of business, consistent with past business practices.
Customer Credits. 26.1.4.1 If a Porting Party fails to transfer a telephone number “On-Time” (as defined in Schedule 26.1) (“Porting Failure”), and as a direct result of this Porting Failure a customer’s line is without dialtone or the customer cannot receive incoming calls for longer than two (2) hours and the Receiving Party provides the customer with a xxxx credit or payment because of this outage, the Porting Party shall provide the Receiving Party with a xxxx credit equal to the xxxx credit or payment provided by the Receiving Party to the customer, not to exceed $25 per out-of-service customer line per day for each day the line is without dialtone or the customer cannot receive incoming calls for longer than two (2) hours as a direct result of the Porting Failure.
26.1.4.2 Each Receiving Party shall within thirty (30) days after the end of each calendar quarter provide to the Porting Party an itemized statement showing line-by-line the credits or payments provided by the Receiving Party to customers for Porting Failure outages and the duration of each outage for which a credit or payment was provided by the receiving Party to a customer. Any customer compensation credits due pursuant to this Section 26.1.4 shall be credited by the Porting Party to an appropriate Receiving Party xxxx within forty-five (45) days after the Porting Party receives the statement from the Receiving Party.
26.1.4.3 If Verizon implements performance standards and performance credits or payments for LNP On-Time performance (a “Performance Assurance Plan”) in conjunction with Verizon’s application to provide interLATA service in Massachusetts or in conjunction with an application for other Federal or Massachusetts regulatory agency approval, or if the Department or FCC requires Verizon to implement a Performance Assurance Plan, AT&T Broadband, at its option, may obtain credits or payments payable under a Performance Assurance Plan or credits or payments under this Section, but not both.
Customer Credits. The Customer is entitled to a credit if CBTS has two (2) or more Service Level Defaults in any single month. Service credits will be issued by CBTS, based on the following table. In the event that CBTS defaults and is obligated to issue customer credit, CBTS will have the opportunity to earn back this credit. If the one month following the credit does not contain any Service Level Defaults, 100% of the credit will be forgiven. The credit is due to the Customer after this one month grace period. 0-1 0% of monthly service charge 2-3 5% of monthly service charge 4-5 10% of monthly service charge 6 or more 15% of monthly service charge Maximum cumulative penalties not to exceed 15% of the monthly service charge.
Customer Credits. (A) In consideration for Customers Minimum Revenue Commitments and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, in then event Customer maintains Monthly Revenue (as defined in Section 2 of the PET) of at least the following amounts during each of the respective billing periods set forth below: BILLING PERIOD MONTHLY REVENUE ------------- --------------- October 2003 $[*****] November 2003 $[*****] December 2003 $[*****] January 2004 $[*****] MCI agrees to give Customer a one-time credit equal to $[*****] (the "FIRST SPECIAL CREDIT"). MCI shall apply the First Special Credit commencing with Customer's second invoice from MCI following the January 2004 billing period; provided, however, in no event will the amount of the First Special Credit exceed $[*****] nor will the First Special Credit to be applied exceed the amount of Customer's invoice (i.e., any excess amounts will be applied to Customers successive invoices from MCI).
(B) In further consideration of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, in the event Customer's cumulative Monthly Revenue from MCI under the terms of this Agreement and commencing with the first (1st) day of the Commitment Period (as described in Subsection 5(A) of the PET) are equal to at least $[*****] in the aggregate (the "BURNOUT"), MCI agrees to give Customer a one-time credit equal to $[*****] (the "SECOND SPECIAL CREDIT"). The Second Special Credit, if any, will be applied to Customer's next invoice following Customer's obtainment of the Burnout; provided, however, in no event will the amount of the Second Special Credit exceed $[*****] nor will the Second -------- Special Credit to be applied exceed the amount of Customer's invoice (i.e., any excess amounts will be applied to Customer's successive invoices from MCI).
