Fees, Invoicing and Payment. (a) As compensation for particular Services or Additional Services, the Receiving Party agrees to pay to the Providing Party the Fully Allocated Cost of providing the Services and/or Additional Services in accordance with this Agreement or such other compensation amount or methodology as specified in the related SOW. (b) The Providing Party shall submit statements of account to the Receiving Party on a monthly basis with respect to all amounts payable by the Receiving Party to the Providing Party hereunder (the “Invoiced Amount”), setting out the Services and/or Additional Services provided, and the amount billed to the Receiving Party as a result of providing such Services and/or Additional Services (together with, in arrears, any Commingled Invoice Statement (as defined below) and any other invoices for Services and/or Additional Services provided by third parties, in each case setting out the Services and/or Additional Services provided by the applicable third parties). The Receiving Party shall pay the Invoiced Amount to the Providing Party by wire transfer of immediately available funds to an account or accounts specified by the Providing Party, or in such other manner as specified by the Providing Party in writing, or otherwise reasonably agreed to by the Parties, within thirty (30) days of the date of delivery to the Receiving Party of the applicable statement of account; provided, that in the event of any dispute as to an Invoiced Amount, the Receiving Party shall pay the undisputed portion, if any, of such Invoiced Amount in accordance with the foregoing, and shall pay the remaining amount, if any, promptly upon resolution of such dispute. (c) The Providing Party may cause any third party to which amounts are payable by or for the account of the Receiving Party in connection with Services and/or Additional Services to issue a separate invoice to the Receiving Party for such amounts. The Receiving Party shall pay or cause to be paid any such separate third party invoice in accordance with the payment terms thereof. Any third party invoices that aggregate Services and/or Additional Services for the benefit of the Receiving Party, on the one hand, with services not for the benefit of Receiving Party, on the other hand (each, a “Commingled Invoice”) shall be separated by the Providing Party. The Providing Party shall prepare a statement indicating that portion of the invoiced amount of such Commingled Invoice that is attributable to Services and/or Additional Services rendered for the benefit of Receiving Party (the “Commingled Invoice Statement”). The Providing Party shall deliver such Commingled Invoice Statement and a copy of the Commingled Invoice to the Receiving Party. The Receiving Party shall, within thirty (30) days after the date of delivery to the Receiving Party of such Commingled Invoice Statement, pay, or cause to be paid, the amount set forth on such Commingled Invoice Statement to the third party, and shall deliver evidence of such payment to the Providing Party. The Providing Party shall not be required to use its own funds for payments to any third party providing any of the Services and/or Additional Services, or to satisfy any payment obligation of the Receiving Party to any third party provider; provided, however, that in the event the Providing Party does use its own funds for any such payments to any third party, the Receiving Party shall reimburse the Providing Party for such payments as invoiced by the Providing Party within thirty (30) days following the date of delivery of such invoice from the Providing Party. (d) The Providing Party may, in its discretion and without any liability, suspend any performance under this Agreement upon failure of the Receiving Party to make timely any payments required under this Agreement beyond the applicable cure date specified in Section 5(b)(8) of this Agreement. (e) In the event the Receiving Party does not make any payment required under the provisions of this Agreement to the Providing Party when due in accordance with the terms hereof, the Providing Party may, at its option, charge the Receiving Party interest on the unpaid amount at the rate of 2% per annum above the prime rate charged by JPMorgan Chase Bank, N.A. (or its successor). In addition, the Receiving Party shall reimburse the Providing Party for all costs of collection of overdue amounts, including any reimbursement required under Section 4(c) and any reasonable attorneys’ fees. (f) The Receiving Party acknowledges and agrees that it shall be responsible for any interest or other amounts with respect to any portion of any Commingled Invoice that the Receiving Party is required to pay pursuant to any Commingled Invoice Statement.
Appears in 3 contracts
Samples: Support Services Agreement (Ocwen Financial Corp), Support Services Agreement (Ocwen Financial Corp), Support Services Agreement (Altisource Portfolio Solutions S.A.)
Fees, Invoicing and Payment. (a) As compensation for a particular Services Service or Additional ServicesService, the Receiving Party HLSS agrees to pay to the Providing Party ALTISOURCE the Fully Allocated Cost of providing the Services and/or Additional Services in accordance with this Agreement or such other compensation amount or methodology as specified in the related such SOW.
(b) The Providing Party ALTISOURCE shall submit statements of account to the Receiving Party HLSS on a monthly basis with respect to all amounts payable by the Receiving Party HLSS to the Providing Party ALTISOURCE hereunder (the “Invoiced Amount”), setting out the Services and/or Additional Services provided, and the amount billed to the Receiving Party HLSS as a result of providing such Services and/or Additional Services (together with, in arrears, any Commingled Invoice Statement (as defined below) and any other invoices for Services and/or Additional Services provided by third parties, in each case setting out the Services and/or Additional Services provided by the applicable third parties). The Receiving Party HLSS shall pay the Invoiced Amount to the Providing Party ALTISOURCE by wire transfer of immediately available funds to an account or accounts specified by the Providing PartyALTISOURCE, or in such other manner as specified by the Providing Party ALTISOURCE in writing, or otherwise reasonably agreed to by the Partiesparties, within thirty (30) 30 days of the date of delivery to the Receiving Party HLSS of the applicable statement of account; provided, that that, in the event of any dispute as to an Invoiced Amount, the Receiving Party HLSS shall pay the undisputed portion, if any, of such Invoiced Amount in accordance with the foregoing, and shall pay the remaining amount, if any, promptly upon resolution of such dispute.
(c) The Providing Party ALTISOURCE may cause any third party to which amounts are payable by or for the account of the Receiving Party HLSS in connection with Services and/or Additional Services to issue a separate invoice to the Receiving Party HLSS for such amounts. The Receiving Party HLSS shall pay or cause to be paid any such separate third party invoice in accordance with the payment terms thereof. Any third party invoices that aggregate Services and/or Additional Services for the benefit of the Receiving PartyHLSS, on the one hand, with services not for the benefit of Receiving PartyHLSS, on the other hand (each, a “Commingled Invoice”) ), shall be separated by the Providing PartyALTISOURCE. The Providing Party ALTISOURCE shall prepare a statement indicating that portion of the invoiced amount of such Commingled Invoice that is attributable to Services and/or the Additional Services rendered for the benefit of Receiving Party HLSS (the “Commingled Invoice Statement”). The Providing Party ALTISOURCE shall deliver such Commingled Invoice Statement and a copy of the Commingled Invoice to the Receiving PartyHLSS. The Receiving Party HLSS shall, within thirty (30) 30 days after the date of delivery to the Receiving Party HLSS of such Commingled Invoice Statement, pay, pay or cause to be paid, paid the amount set forth on such Commingled Invoice Statement to the third party, and shall deliver evidence of such payment to the Providing PartyALTISOURCE. The Providing Party ALTISOURCE shall not be required to use its own funds for payments to any third party providing any of the Services and/or Additional Services, Services or to satisfy any payment obligation of the Receiving Party HLSS or any of its Affiliates to any third party provider; provided, however, that in the event the Providing Party ALTISOURCE does use its own funds for any such payments to any third party, the Receiving Party HLSS shall reimburse the Providing Party ALTISOURCE for such payments as invoiced by the Providing Party ALTISOURCE within thirty (30) 30 days following the date of delivery of such invoice from the Providing PartyALTISOURCE.
(d) The Providing Party ALTISOURCE may, in its discretion and without any liability, suspend any performance under this Agreement upon failure of the Receiving Party HLSS to make timely any payments required under this Agreement beyond the applicable cure date specified in Section 5(b)(8) of this Agreement.
(e) In the event the Receiving Party that HLSS does not make any payment required under the provisions of this Agreement to the Providing Party ALTISOURCE when due in accordance with the terms hereof, the Providing Party ALTISOURCE may, at its option, charge the Receiving Party HLSS interest on the unpaid amount at the rate of 2% per annum above the prime rate charged by JPMorgan Chase Bank, N.A. (or its successor). In addition, the Receiving Party HLSS shall reimburse the Providing Party ALTISOURCE for all costs of collection of overdue amounts, including any reimbursement required under Section 4(c) and any reasonable attorneys’ fees.
(f) The Receiving Party HLSS acknowledges and agrees that it shall be responsible for any interest or other amounts with respect to any portion of any Commingled Invoice that the Receiving Party HLSS is required to pay or ALTISOURCE pays on HLSS’ behalf pursuant to any Commingled Invoice Statement.
Appears in 2 contracts
Samples: Services Agreement (Home Loan Servicing Solutions, Ltd.), Services Agreement (Home Loan Servicing Solutions, Ltd.)
Fees, Invoicing and Payment. (a) As compensation for a particular Services Service or Additional ServicesService, the Receiving Party party receiving such Service or Additional Service agrees to pay to the Providing Party other party the Fully Allocated Cost of providing the Services and/or Additional Services in accordance with this Agreement or such other compensation amount or methodology as specified in the related such SOW.
(b) The Providing Party Each party shall submit statements of account to the Receiving Party other party on a monthly basis with respect to all amounts payable by the Receiving Party to the Providing Party other party hereunder (the “Invoiced Amount”), setting out the Services and/or Additional Services provided, and the amount billed to the Receiving Party other party as a result of providing such Services and/or Additional Services (together with, in arrears, any Commingled Invoice Statement (as defined below) and any other invoices for Services and/or Additional Services provided by third parties, in each case setting out the Services and/or Additional Services provided by the applicable third parties). The Receiving Party party receiving such Services and/or Additional Services shall pay the Invoiced Amount to the Providing Party other party by wire transfer of immediately available funds to an account or accounts specified by the Providing Partysuch other party, or in such other manner as specified by the Providing Party such other party in writing, or otherwise reasonably agreed to by the Partiesparties, within thirty (30) 30 days of the date of delivery to the Receiving Party party receiving such Services and/or Additional Services of the applicable statement of account; provided, that that, in the event of any dispute as to an Invoiced Amount, the Receiving Party party receiving such Services and/or Additional Services shall pay the undisputed portion, if any, of such Invoiced Amount in accordance with the foregoing, and shall pay the remaining amount, if any, promptly upon resolution of such dispute.
(c) The Providing Party Each party may cause any third party to which amounts are payable by or for the account of the Receiving Party other party in connection with Services and/or Additional Services to issue a separate invoice to the Receiving Party other party for such amounts. The Receiving Party Such other party shall pay or cause to be paid any such separate third party invoice in accordance with the payment terms thereof. Any third party invoices that aggregate Services and/or Additional Services for the benefit of the Receiving Party, on the one hand, with services not for the benefit of Receiving Party, on the both parties and/or any other hand Person(s) (each, a “Commingled Invoice”) shall be separated by so as to be properly allocated to the Providing Partyapplicable party and/or other Person(s). The Providing Party Any party receiving a Commingled Invoice shall (i) prepare a statement indicating that portion of the invoiced amount of such Commingled Invoice that is attributable to Services and/or the Additional Services rendered for the benefit of Receiving Party the other party (the “Commingled Invoice Statement”). The Providing Party shall ) and (ii) deliver such Commingled Invoice Statement and a copy of the Commingled Invoice to the Receiving Partyother party. The Receiving Party other party shall, within thirty (30) 30 days after the date of delivery to the Receiving Party of such Commingled Invoice Statement, pay, pay or cause to be paid, paid the amount set forth on such Commingled Invoice Statement to the third party, and shall deliver evidence of such payment to the Providing Partyparty providing the Commingled Invoice Statement. The Providing Party Neither party shall not be required to use its own funds for payments to any third party providing any of the Services and/or Additional Services, Services or to satisfy any payment obligation of the Receiving Party other party or any of its Affiliates to any third party provider; provided, however, that in the event the Providing Party a party does use its own funds for any such payments to any third party, the Receiving Party other party shall reimburse the Providing Party such party for such payments as invoiced by the Providing Party such party within thirty (30) 30 days following the date of delivery of such invoice from the Providing Partysuch party.
(d) The Providing Party Either party may, in its discretion and without any liability, suspend any performance under this Agreement upon failure of the Receiving Party other party to make timely any payments required under this Agreement beyond the applicable cure date specified in Section 5(b)(85(b)(6) of this Agreement.
(e) In the event the Receiving Party that a party does not make any payment required under the provisions of this Agreement to the Providing Party other party when due in accordance with the terms hereof, the Providing Party other party may, at its option, charge the Receiving Party non-paying party interest on the unpaid amount at the rate of 2% per annum above the prime rate charged by JPMorgan Chase Bank, N.A. (or its successor). In addition, the Receiving Party non-paying party shall reimburse the Providing Party other party for all costs of collection of overdue amounts, including any reimbursement required under Section 4(c) and any reasonable attorneys’ fees.
(f) The Receiving Party Each party acknowledges and agrees that it shall be responsible for any interest or other amounts with respect to any portion of any Commingled Invoice that the Receiving Party such party is required to pay or the other party pays on such party’s behalf pursuant to any Commingled Invoice Statement.
Appears in 2 contracts
Samples: Professional Services Agreement (Ocwen Financial Corp), Professional Services Agreement (Home Loan Servicing Solutions, Ltd.)
Fees, Invoicing and Payment. (a) As compensation for a particular Services Service or Additional ServicesService, the Receiving Party party receiving such Service or Additional Service agrees to pay to the Providing Party other party the Fully Allocated Cost of providing the Services and/or Additional Services in accordance with this Agreement or such other compensation amount or methodology as specified in the related such SOW.
(b) The Providing Party Each party shall submit statements of account to the Receiving Party other party on a monthly basis with respect to all amounts payable by the Receiving Party to the Providing Party other party hereunder (the “Invoiced Amount”), setting out the Services and/or Additional Services provided, and the amount billed to the Receiving Party other party as a result of providing such Services and/or Additional Services (together with, in arrears, any Commingled Invoice Statement (as defined below) and any other invoices for Services and/or Additional Services provided by third parties, in each case setting out the Services and/or Additional Services provided by the applicable third parties). The Receiving Party party receiving such Services and/or Additional Services shall pay the Invoiced Amount to the Providing Party other party by wire transfer of immediately available funds to an account or accounts specified by the Providing Partysuch other party, or in such other manner as specified by the Providing Party such other party in writing, or otherwise reasonably agreed to by the Partiesparties, within thirty (30) 30 days of the date of delivery to the Receiving Party party receiving such Services and/or Additional Services of the applicable statement of account; provided, that that, in the event of any dispute as to an Invoiced Amount, the Receiving Party party receiving such Services and/or Additional Services shall pay the undisputed portion, if any, of such Invoiced Amount in accordance with the foregoing, and shall pay the remaining amount, if any, promptly upon resolution of such dispute.
(c) The Providing Party Each party may cause any third party to which amounts are payable by or for the account of the Receiving Party other party in connection with Services and/or Additional Services to issue a separate invoice to the Receiving Party other party for such amounts. The Receiving Party Such other party shall pay or cause to be paid any such separate third party invoice in accordance with the payment terms thereof. Any third party invoices that aggregate Services and/or Additional Services for the benefit of the Receiving Party, on the one hand, with services not for the benefit of Receiving Party, on the both parties and/or any other hand Person(s) (each, a “Commingled Invoice”) shall be separated by so as to be properly allocated to the Providing Partyapplicable party and/or other Person(s). The Providing Party Any party receiving a Commingled Invoice shall (i) prepare a statement indicating that portion of the invoiced amount of such Commingled Invoice that is attributable to Services and/or the Additional Services rendered for the benefit of Receiving Party the other party (the “Commingled Invoice Statement”). The Providing Party shall ) and (ii) deliver such Commingled Invoice Statement and a copy of the Commingled Invoice to the Receiving Partyother party. The Receiving Party other party shall, within thirty (30) 30 days after the date of delivery to the Receiving Party of such Commingled Invoice Statement, pay, pay or cause to be paid, paid the amount set forth on such Commingled Invoice Statement to the third party, and shall deliver evidence of such payment to the Providing Partyparty providing the Commingled Invoice Statement. The Providing Party Neither party shall not be required to use its own funds for payments to any third party providing any of the Services and/or Additional Services, Services or to satisfy any payment obligation of the Receiving Party other party or any of its Affiliates to any third party provider; provided, however, that in the event the Providing Party a party does use its own funds for any such payments to any third party, the Receiving Party other party shall reimburse the Providing Party such party for such payments as invoiced by the Providing Party such party within thirty (30) 30 days following the date of delivery of such invoice from the Providing Partysuch party.
(d) The Providing Party Either party may, in its discretion and without any liability, suspend any performance under this Agreement upon failure of the Receiving Party other party to make timely any payments required under this Agreement beyond the applicable cure date specified in Section 5(b)(85(b)(6) of this Agreement.
(e) In the event the Receiving Party that a party does not make any payment required under the provisions of this Agreement to the Providing Party other party when due in accordance with the terms hereof, the Providing Party other party may, at its option, charge the Receiving Party non-paying party interest on the unpaid amount at the rate of 2% per annum above the prime rate charged by JPMorgan Chase Bank, N.A. (or its successor). In addition, the Receiving Party non-paying party shall reimburse the Providing Party other party for all costs of collection of overdue amounts, including any reimbursement required under Section 4(c) and any reasonable attorneys’ fees.
(f) The Receiving Party Each party acknowledges and agrees that it shall be responsible for any interest or other amounts with respect to any portion of any Commingled Invoice that the Receiving Party such party is required to pay or the other party pays on such party’s behalf pursuant to any Commingled Invoice Statement.
Appears in 1 contract
Samples: Professional Services Agreement (Home Loan Servicing Solutions, Ltd.)
Fees, Invoicing and Payment. (a) As compensation for a particular Services or Additional ServicesService, the Receiving Party party receiving such Service agrees to pay to the Providing Party other party the Fully Allocated Cost of providing the Services and/or Additional Services in accordance with this Agreement or such other compensation amount or methodology as specified in the related SOWAgreement.
(b) The Providing Party OCWEN shall submit statements of account to the Receiving Party AAMC on a monthly basis with respect to all amounts payable by AAMC to OCWEN hereunder, except as otherwise provided for the Receiving Party to the Providing Party hereunder related Service in Schedule I (the “Invoiced Amount”), setting out the Services and/or Additional Services provided, and the amount billed to the Receiving Party AAMC as a result of providing such Services and/or Additional Services (together with, in arrears, any Commingled Invoice Statement (as defined below) and any other invoices for Services and/or Additional Services provided by third parties, in each case setting out the Services and/or Additional Services provided by the applicable third parties). The Receiving Party AAMC shall pay the Invoiced Amount to the Providing Party OCWEN by wire transfer of immediately available funds to an account or accounts specified by the Providing PartyOCWEN, or in such other manner as specified by the Providing Party OCWEN in writing, or otherwise reasonably agreed to by the Parties, within thirty (30) 30 days of the date of delivery to the Receiving Party AAMC of the applicable statement of account; provided, that that, in the event of any dispute as to an Invoiced Amount, the Receiving Party AAMC shall pay the undisputed portion, if any, of such Invoiced Amount in accordance with the foregoing, and shall pay the remaining amount, if any, promptly upon resolution of such dispute.
(c) The Providing Party OCWEN may engage third-party contractors, at a reasonable cost, to perform any of the Services, to provide professional services related to any of the Services, or to provide any secretarial, administrative, telephone, e-mail or other services necessary or ancillary to the Services (collectively, the “Ancillary Services”) (all of which may be contracted for separately by OCWEN on behalf of AAMC) after giving notice to AAMC, reasonably in advance of the commencement of such Services and Ancillary Services to be so provided by such contractors, of the identity of such contractors, each Service and Ancillary Service to be provided by such contractors and a good faith estimate of the cost (or formula for determining the cost) of the Services and Ancillary Services to be so provided by such contractors. AAMC may, in its sole discretion, decline to accept any such Services or Ancillary Services to be provided by any such contractors by giving prompt written notice to AAMC, provided that, if AAMC so declines any Service or Ancillary Service from any such contractors, then thereafter, notwithstanding anything in this Agreement to the contrary, OCWEN shall be excused from any obligation to provide such Service or Ancillary Service.
(d) OCWEN may cause any third party to which amounts are payable by or for the account of the Receiving Party AAMC in connection with Services and/or Additional or Ancillary Services to issue a separate invoice to the Receiving Party AAMC for such amounts. The Receiving Party AAMC shall pay or cause to be paid any such separate third party invoice in accordance with the payment terms thereof. Any third party invoices that aggregate Services and/or Additional or Ancillary Services for the benefit of the Receiving PartyAAMC, on the one hand, with services not for the benefit of Receiving PartyAAMC, on the other hand (each, a “Commingled Invoice”) ), shall be separated by the Providing PartyOCWEN. The Providing Party OCWEN shall prepare a statement indicating that portion of the invoiced amount of such Commingled Invoice that is attributable to Services and/or Additional or the Ancillary Services rendered for the benefit of Receiving Party AAMC (the “Commingled Invoice Statement”). The Providing Party OCWEN shall deliver such Commingled Invoice Statement and a copy of the Commingled Invoice to the Receiving PartyAAMC. The Receiving Party AAMC shall, within thirty (30) 30 days after the date of delivery to the Receiving Party AAMC of such Commingled Invoice Statement, pay, pay or cause to be paid, paid the amount set forth on such Commingled Invoice Statement to the third party, and shall deliver evidence of such payment to the Providing PartyOCWEN. The Providing Party OCWEN shall not be required to use its own funds for payments to any third party providing any of the Services and/or Additional Services, or Ancillary Services or to satisfy any payment obligation of the Receiving Party AAMC or any of its Affiliates to any third party provider; provided, however, that in the event the Providing Party OCWEN does use its own funds for any such payments to any third party, the Receiving Party AAMC shall reimburse the Providing Party OCWEN for such payments as invoiced by the Providing Party OCWEN within thirty (30) 30 days following the date of delivery of such invoice from the Providing Party.
(d) The Providing Party may, in its discretion and without any liability, suspend any performance under this Agreement upon failure of the Receiving Party to make timely any payments required under this Agreement beyond the applicable cure date specified in Section 5(b)(8) of this AgreementOCWEN.
(e) In the event the Receiving Party that AAMC does not make any payment required under the provisions of this Agreement to the Providing Party OCWEN when due in accordance with the terms hereof, the Providing Party OCWEN may, at its option, charge the Receiving Party AAMC interest on the unpaid amount at the rate of 2% per annum above the prime rate charged by JPMorgan Chase Bank, N.A. (or its successor). In addition, the Receiving Party AAMC shall reimburse the Providing Party OCWEN for all costs of collection of overdue amounts, including any reimbursement required under Section 4(c4(d) and any reasonable attorneys’ fees.
(f) The Receiving Party acknowledges and agrees that it shall be responsible for any interest or other amounts with respect to any portion of any Commingled Invoice that the Receiving Party is required to pay pursuant to any Commingled Invoice Statement.
Appears in 1 contract
Samples: Support Services Agreement (Altisource Asset Management Corp)