EARLY TERMINATION COSTS. The parties acknowledge that BOSTON FINANCIAL has made significant concessions to XX Xxxxxx, including a substantial reduction in the Fees to be paid by XX Xxxxxx for Services under the Agreement, partially in exchange for XX Xxxxxx’x agreement to a longer term. Should XX Xxxxxx terminate the Agreement to which this Exhibit A is attached prior to the end of its term, BOSTON FINANCIAL will suffer damages in an amount difficult to calculate and uncertain in scope and, accordingly, the parties have agreed that, as liquidated damages and not as a penalty, in such event, BOSTON FINANCIAL shall be entitled to impose the mutually agreed upon liquidated damages equal to the sum of the previous 12 months fees excluding Out of Pocket Charges. Notwithstanding the foregoing, in the event that XX Xxxxxx terminates the Agreement during the last year of the Initial Term, the foregoing early termination damages amount shall be calculated as noted above but shall be subject to a pro rata reduction over the final twelve months of the term depending on XX Xxxxxx’x actual deconversion date. F. Non-Institutional open account rates will be discounted as follows: Accounts in the range of 1,150,000 – 1,500,000 10% discount Accounts in the range of 1,500,001 – 2,000,000 15% discount Accounts greater than 2,000,000 20% discount
Appears in 3 contracts
Samples: Transfer Agency Agreement (Jpmorgan Trust Ii), Transfer Agency Agreement (JPMorgan Trust I), Transfer Agency Agreement (Jp Morgan Mutual Fund Group/Ma)
EARLY TERMINATION COSTS. The parties acknowledge that BOSTON FINANCIAL has made significant concessions to XX Xxxxxx, including a substantial reduction in the Fees to be paid by XX Xxxxxx for Services under the Agreement, partially in exchange for XX Xxxxxx’x Xxxxxx'x agreement to a longer term. Should XX Xxxxxx terminate the Agreement to which this Exhibit A is attached prior to the end of its term, BOSTON FINANCIAL will suffer damages in an amount difficult to calculate and uncertain in scope and, accordingly, the parties have agreed that, as liquidated damages and not as a penalty, in such event, BOSTON FINANCIAL shall be entitled to impose the mutually agreed upon liquidated damages equal to the sum of the previous 12 months fees excluding Out of Pocket Charges. Notwithstanding the foregoing, in the event that XX Xxxxxx terminates the Agreement during the last year of the Initial Term, the foregoing early termination damages damage s amount shall be calculated as noted above but shall be subject to a pro rata reduction over the final twelve months of the term depending on XX Xxxxxx’x Xxxxxx'x actual deconversion date. F. Non-Institutional open account rates will be discounted as follows: Accounts in the range of 1,150,000 – 1,500,000 10% discount Accounts in the range of 1,500,001 – 2,000,000 15% discount Accounts greater than 2,000,000 20% discount
Appears in 1 contract
Samples: Transfer Agency Agreement (Jpmorgan Insurance Trust)