Fee Advance. We will begin work under this agreement upon receipt of a fee advance of $_____, which we will hold on your behalf in escrow in our firm’s trust account. You agree to maintain your trust balance at $______ throughout the representation. Any unearned portion of the escrowed funds will be refunded at the conclusion of the case, or at such time as you elect to terminate our relationship for any reason prior to settlement or conclusion of your case. As the case progresses, we may determine that additional fee advances are appropriate or that your trust balance should be adjusted. We reserve the right to require an additional fee advance in the future and to require that you maintain your trust balance at a higher amount.
Fee Advance. Within thirty one (31) days after the Effective Date, Reseller shall pay to NetSuite KK a fee advance of forty four million forty one thousand eight hundred seventy five Japanese yen (¥44,041,875). Thereafter, no later than ten (10) days prior to the beginning of each calendar quarter (“Q1”), Reseller shall pay to NetSuite KK an amount sufficient to ensure that the Pre-Pay Balance as of the beginning of Ql, after reduction of the fees payable for Product and support that Reseller reasonably anticipates will be ordered in calendar quarter Ql, is no less than the Pre-Pay Minimum. NetSuite KK shall have the right to deduct against such payments all fees payable to NetSuite KK under this Agreement, including under Section 3.8 and Article 4 (including support fees). Within thirty (30) days after the end of each calendar quarter, NetSuite KK will provide to Reseller a statement snowing the Pre-Pay Balance as of the end of Ql calculated based upon the amounts paid to NetSuite KK, and the amounts that have become payable to, NetSuite KK as of the last day of such Ql. Notwithstanding anything to the contrary, a Sale shall be deemed to occur, including for purposes of Section 1.15, upon NetSuite provisioning the Customer’s account as described in Exhibit 5.2. For clarity, without limiting NetSuite KK’s right to deduct from the Pre-Pay Balance any and all amounts owed under this Agreement, the Pre-Pay Balance shall, upon the instruction of Reseller, be credited against any fees payable to NetSuite KK under Section 5.2, 3.8 or 4 of this Agreement during the term of this Agreement. Any Pre-Pay Balance left unused as of termination or expiration shall be refunded to Reseller to the extent set forth in Section 9.5.4.
Fee Advance. Within five (5) days after the Effective Date, Transcosmos shall pay to NetSuite KK a fee advance of One Hundred Seventy Six Million One Hundred Sixty Seven Thousand Five Hundred Japanese yen (¥176,167,500). Thereafter, no later than thirty (30) days prior to the beginning of each calendar quarter (“Q1”), Transcosmos shall pay to NetSuite KK an amount sufficient to ensure that the Pre-Pay Balance, after reduction for fees payable for Product that Transcosmos reasonably anticipates will be ordered in calendar quarter Ql, is no less than the Pre-Pay Minimum. NetSuite KK shall have the right to deduct against such payments all fees payable to NetSuite KK under this Agreement, including under Section 3.8 and Article 4 (including support fees). Within thirty (30) days after the end of each calendar quarter, NetSuite KK will provide to Transcosmos a statement showing the Pre-Pay Balance calculated based upon the amounts paid to NetSuite KK, and the amounts that have become payable to, NetSuite KK as of the last day of such calendar quarter. Notwithstanding anything to the contrary, a Sale shall be deemed to occur, including for purposes of Section 1.13, upon NetSuite provisioning the Customer’s account as described in Exhibit 5.2.
Fee Advance. We will begin work under this agreement upon receipt of a fee advance of $_____..
