Fees Billing and Payment. 5.1 Licensee is obliged to pay to BHB all applicable fees and charges as specified in XXX Appendix 2 (Fees and Charges), as amended by BHB from time to time in accordance with the Agreement (together, the Fees and Charges). 5.2 Fees apply to all authorized and unauthorized use of Information supplied via the Service, except where specified in the Agreement. 5.3 Individual Access Fees payable to BHB may be waived in respect of Units used within Licensee’s Group that display Information received directly from BHB and are used solely for the purposes of development, testing, monitoring, promotion and control of the Service. The number of Units with access to Information for these purposes and subject to waiver of fees shall be reported to BHB in accordance with Section 4 above. Any unreported use of fee-liable Information within Licensee’s Group shall, except where permitted under this Agreement, constitute unauthorized use. BHB reserves rights to limit the number of Units for which fees are waived and to reduce that limit on ninety (90) days’ notice to Licensee. Waiver of Individual Access Fees may be further limited to specify Information Products, in which case the limitation will be specified in XXX Appendix 2 (Fees and Charges). 5.4 Where Licensee receives Information direct from BHB, Fees and Charges applicable to use of Information within Licensee’s Group subject to this Agreement will be invoiced by BHB to Licensee. 5.5 Where Licensee receives Information from another Distributor, Fees and Charges applicable to use of Information within Licensee’s Group subject to this Agreement will be invoiced by BHB to Licensee and not to the Distributor supplying the Information to Licensee unless otherwise agreed in writing with Licensee and the Distributor supplying the Information to Licensee. 5.6 Fees and Charges applicable to all use of Information by Subscribers via the Service provided directly by the Licensee will be invoiced by BHB to Licensee, except where the Subscriber has entered into an agreement with BHB for use of such Information, similar to this Agreement. 5.7 Annual Fees (License Fees, Enterprise License Fees and Connection Fees) will be invoiced annually in advance on January 1st each year. Fees applicable to the period between the Commencement Date and the end of the year shall be calculated on a pro-rata basis and billed in advance with effect from Commencement Date. Where the Agreement or any use of Information subject to an Annual Fee is terminated through no fault or breach of Licensee, Licensee shall have a right to reimbursement of the applicable Annual Fees paid in advance proportionate to the number of full calendar quarters left between the date of termination and the end of the relevant calendar year, calculated on the basis of one quarter of the applicable Annual Fee per full calendar quarter. Licensee has no other right to reimbursement of Annual Fees in the event of termination or suspension of supply of Information for any reason. Any other sums determined by BHB to be due and payable by Licensee under this Agreement shall be invoiced as and when determined and payable on the date specified in the invoice. 5.8 Individual Access Fees will be invoiced quarterly on receipt of the relevant usage reports as specified in Section 4. Payment should be made in accordance with XXX Appendix 2 (Fees and Charges). 5.9 Licensees shall pay Fees and Charges as invoiced. In addition, Licensee shall bear the cost of any applicable levies, imposts, duties, assessments or other similar charges imposed by any governmental authority payable in respect of the Information.
Appears in 3 contracts
Samples: Information License Agreement, Information License Agreement, Information License Agreement
Fees Billing and Payment. 5.1 Licensee is obliged to pay to BHB all applicable fees and charges as specified in XXX Appendix 2 (Fees and Charges), as amended by BHB from time to time in accordance with the Agreement (together, the Fees and Charges).
5.2 . Fees apply to all authorized and unauthorized use of Information supplied via the Service, except where specified in the Agreement.
5.3 . Individual Access Fees payable to BHB may be waived in respect of Units used within Licensee’s Group that display Information received directly from BHB and are used solely for the purposes of development, testing, monitoring, promotion and control of the Service. The number of Units with access to Information for these purposes and subject to waiver of fees shall be reported to BHB in accordance with Section 4 above. Any unreported use of fee-liable Information within Licensee’s Group shall, except where permitted under this Agreement, constitute unauthorized use. BHB reserves rights to limit the number of Units for which fees are waived and to reduce that limit on ninety (90) days’ notice to Licensee. Waiver of Individual Access Fees may be further limited to specify Information Products, in which case the limitation will be specified in XXX Appendix 2 (Fees and Charges).
5.4 . Where Licensee receives Information direct from BHB, Fees and Charges applicable to use of Information within Licensee’s Group subject to this Agreement will be invoiced by BHB to Licensee.
5.5 . Where Licensee receives Information from another Distributor, Fees and Charges applicable to use of Information within Licensee’s Group subject to this Agreement will be invoiced by BHB to Licensee and not to the Distributor supplying the Information to Licensee unless otherwise agreed in writing with Licensee and the Distributor supplying the Information to Licensee.
5.6 . Fees and Charges applicable to all use of Information by Subscribers via the Service provided directly by the Licensee will be invoiced by BHB to Licensee, except where the Subscriber has entered into an agreement with BHB for use of such Information, similar to this Agreement.
5.7 . Annual Fees (License Fees, Enterprise License Fees and Connection Fees) will be invoiced annually in advance on January 1st each year. Fees applicable to the period between the Commencement Date and the end of the year shall be calculated on a pro-rata basis and billed in advance with effect from Commencement Date. Where the Agreement or any use of Information subject to an Annual Fee is terminated through no fault or breach of Licensee, Licensee shall have a right to reimbursement of the applicable Annual Fees paid in advance proportionate to the number of full calendar quarters left between the date of termination and the end of the relevant calendar year, calculated on the basis of one quarter of the applicable Annual Fee per full calendar quarter. Licensee has no other right to reimbursement of Annual Fees in the event of termination or suspension of supply of Information for any reason. Any other sums determined by BHB to be due and payable by Licensee under this Agreement shall be invoiced as and when determined and payable on the date specified in the invoice.
5.8 . Individual Access Fees will be invoiced quarterly on receipt of the relevant usage reports as specified in Section 4. Payment should be made in accordance with XXX Appendix 2 (Fees and Charges).
5.9 . Licensees shall pay Fees and Charges as invoiced. In addition, Licensee shall bear the cost of any applicable levies, imposts, duties, assessments or other similar charges imposed by any governmental authority payable in respect of the Information.
Appears in 1 contract
Samples: Information License Agreement