Common use of Early Payment Amount Clause in Contracts

Early Payment Amount. If the Retailer becomes legally obliged to pay a Remedy Cost to the Consumer before the Distributor's liability to pay to the Retailer an amount equal to that Remedy Cost being agreed or finally determined under clause 27.7(b), the Distributor must promptly pay to the Retailer an amount equal to that Remedy Cost even though the Distributor's liability to make such payment has not been agreed or finally determined ("Early Payment Amount"), provided that: (a) the Retailer has used reasonable endeavours to avoid incurring such Remedy Cost and it would be unreasonable in the circumstances for the Retailer not to pay such Remedy Cost to the Consumer at that time; (b) the Distributor is not required to pay an Early Payment Amount if and to the extent that, following such payment, the aggregate amount paid by the Distributor to the Retailer in respect of the Early Payment Amount and all Early Payment Amounts previously paid would exceed the lesser of $1,000,000 and the Distributor's reasonable estimate of the Distribution Services charges payable by the Retailer to the Distributor in respect of any period not more than 2 months. For the purpose of calculating the Early Payment Amount, any Early Payment Amount previously paid must be disregarded if, at the time of the calculation, the Distributor's liability to pay the Retailer for the Remedy Cost to which the Early Payment Amount relates has been agreed or finally determined as contemplated in clause 27.7(b) ($1,000,000 being the maximum amount that the Retailer is entitled to receive in respect of Early Payment Amounts if the liability of the Distributor to the Retailer to pay Remedy Costs to which such Early Payment Amounts relates is not at that time certain); and (c) the Retailer must promptly repay amounts paid by the Distributor to the Retailer (including under clause 27.7(a)) in respect of any liability to or on behalf of the Retailer under clause 27.7(a) to the extent that: (i) the Claim is or becomes a claim for which the Retailer is not entitled to be indemnified under clause 26.8; (ii) a court of competent jurisdiction determines that the Retailer is not entitled to be indemnified by the Distributor for the Claim; (iii) the Retailer receives payment under a contract of insurance in respect of the Claim, or the insurer pays, discharges or satisfies the Claim directly and the Retailer is not obliged to refund the payment to the insurer as a result of the payment by the Distributor under the Distributor's indemnity in clause 26.8; (iv) the Retailer receives payment from a person other than the Distributor in respect of the Claim, or that person pays, discharges or satisfies the Claim directly; or (v) it is established in relation to the Claim that the Retailer did not perform an obligation referred to in this clause 27 and the Distributor's liability is or would have been reduced if the obligation had been performed.

Early Payment Amount. If the Retailer becomes legally obliged to pay a Remedy Cost to the Consumer before the Distributor's liability to pay to the Retailer an amount equal to that Remedy Cost being agreed or finally determined under clause 27.7(b27.8(b), the Distributor must promptly pay to the Retailer an amount equal to that Remedy Cost even though the Distributor's liability to make such payment has not been agreed or finally determined ("Early Payment Amount"), provided that: (a) the Retailer has used reasonable endeavours to avoid incurring such Remedy Cost and it would be unreasonable in the circumstances for the Retailer not to pay such Remedy Cost to the Consumer at that time; (b) the Distributor is not required to pay an Early Payment Amount if and to the extent that, following such payment, the aggregate amount paid by the Distributor to the Retailer in respect of the Early Payment Amount and all Early Payment Amounts previously paid would exceed the lesser of $1,000,000 and the Distributor's reasonable estimate of the Distribution Services charges payable by the Retailer to the Distributor in respect of any period not more than 2 months. For the purpose of calculating the Early Payment Amount, any Early Payment Amount previously paid must be disregarded if, at the time of the calculation, the Distributor's liability to pay the Retailer for the Remedy Cost to which the Early Payment Amount relates has been agreed or finally determined as contemplated in clause 27.7(b) ($1,000,000 being the maximum amount that the Retailer is entitled to receive in respect of Early Payment Amounts if the liability of the Distributor to the Retailer to pay Remedy Costs to which such Early Payment Amounts relates is not at that time certain); andof (c) the Retailer must promptly repay amounts paid by the Distributor to the Retailer (including under clause 27.7(a27.8(a)) in respect of any liability to or on behalf of the Retailer under clause 27.7(a27.8(a) to the extent that: (i) the Claim is or becomes a claim for which the Retailer is not entitled to be indemnified under clause 26.827.8(a); (ii) a court of competent jurisdiction determines that the Retailer is not entitled to be indemnified by the Distributor for the Claim; (iii) the Retailer receives payment under a contract of insurance in respect of the Claim, or the insurer pays, discharges or satisfies the Claim directly and the Retailer is not obliged to refund the payment to the insurer as a result of the payment by the Distributor under the Distributor's indemnity in clause 26.8Indemnity; (iv) the Retailer receives payment from a person other than the Distributor in respect of the Claim, or that person pays, discharges or satisfies the Claim directly; or (v) it is established in relation to the Claim that the Retailer did not perform an obligation referred to in this clause 27 28 and the Distributor's liability is or would have been reduced if the obligation had been performed.

Early Payment Amount. If the Retailer becomes legally obliged to pay a Remedy Cost to the Consumer Customer before the Distributor's liability to pay to the Retailer an amount equal to that Remedy Cost being agreed or finally determined under clause 27.7(b26.7(b), the Distributor must promptly pay to the Retailer an amount equal to that Remedy Cost even though the Distributor's liability to make such payment has not been agreed or finally determined ("Early Payment Amount"), provided that: (a) the Retailer has used reasonable endeavours to avoid incurring such Remedy Cost and it would be unreasonable in the circumstances for the Retailer not to pay such Remedy Cost to the Consumer Customer at that time; (b) the Distributor is not required to pay an Early Payment Amount if and to the extent that, following such payment, the aggregate amount paid by the Distributor to the Retailer in respect of the Early Payment Amount and all Early Payment Amounts previously paid would exceed the lesser of $1,000,000 and the Distributor's reasonable estimate of the Distribution Services charges payable by the Retailer to the Distributor in respect of any period not more than 2 months. For the purpose of calculating the Early Payment Amount, any Early Payment Amount previously paid must be disregarded if, at the time of the calculation, the Distributor's liability to pay the Retailer for the Remedy Cost to which the Early Payment Amount relates has been agreed or finally determined as contemplated in clause 27.7(b26.7(b) ($1,000,000 being the maximum amount that the Retailer is entitled to receive in respect of Early Payment Amounts if the liability of the Distributor to the Retailer to pay Remedy Costs to which such Early Payment Amounts relates is not at that time certain); and (c) the Retailer must promptly repay amounts paid by the Distributor to the Retailer (including under clause 27.7(a26.7(a)) in respect of any liability to or on behalf of the Retailer under clause 27.7(a26.7(a) to the extent that: (i) the Claim is or becomes a claim for which the Retailer is not entitled to be indemnified under clause 26.825.1; (ii) a court of competent jurisdiction determines that the Retailer is not entitled to be indemnified by the Distributor for the Claim; (iii) the Retailer receives payment under a contract of insurance in respect of the Claim, or the insurer pays, discharges or satisfies the Claim directly and the Retailer is not obliged to refund the payment to the insurer as a result of the payment by the Distributor under the Distributor's indemnity in clause 26.8Indemnity; (iv) the Retailer receives payment from a person other than the Distributor in respect of the Claim, or that person pays, discharges or satisfies the Claim directly; or (v) it is established in relation to the Claim that the Retailer did not perform an obligation referred to in this clause 27 26 and the Distributor's liability is or would have been reduced if the obligation had been performed.