Fees; Prices; Payment; Settlement Clause Samples

Fees; Prices; Payment; Settlement. (a) Trendar or Fiscal Systems data capture records, or a mutually agreed to similar system, shall be the primary method in determining Pathway Network Fuel, Retailer Conversion Gallons Sold, Supplier Conversion Gallons Sold, the time of the transaction and other relevant information necessary for making the calculations required by this Section 11 and Section 12. (b) [*] (c) For each calendar month Supplier shall calculate and submit to Retailer no later than the tenth calendar day of the succeeding month (or if the tenth calendar day falls on a weekend or holiday, the last business day prior) the following: • Base Gallons Sold • Base Incremental Gallons Sold • Conversion Incremental Gallons Sold • Retailer Conversion Gallons Sold • Monthly Weighted Average Retailer Fee (d) Supplier shall pay weekly to Retailer as compensation under this Agreement a fee equal to the cumulative total of all Retailer Fees for such period. In the event the cumulative total is negative, the absolute value of such amount will be remitted to Supplier by Retailer. (e) In addition to the amount payable pursuant to paragraph (d) above, in the event the Monthly Weighted Average Retailer Fee for any month is less than the Beginning Weighted Average Retailer Fee, Supplier shall pay to Retailer an additional amount each month equal to the “Adjusted Retailer Fee Split.” The “Adjusted Retailer Fee Split” shall be calculated as [*]. (i) The Level One Fee Split Formula shall be applied in any month that the Monthly Weighted Average Retailer Fee is less than the Beginning Weighted Average Retailer Fee and the criteria specified below for applying the Level Two Fee Split Formula or the Level Three Fee Split Formula does not apply. (ii) The Level Two Fee Split Formula shall be applied in any month that all of the following criteria are satisfied: a. the Level One Fee Split Formula has been applicable for any six consecutive months; b. the Six-Month Weighted Average Retailer Fee for the previous month is [*]; [*] designates portions of this document that have been omitted pursuant to a request for confidential treatment filed separately with the Securities and Exchange Commission. c. the Monthly Weighted Average Retailer Fee for the previous month is [*]; and d. the criteria for applying the Level Three Fee Split Formula is not applicable; provided, however, if during any month that the Level Three Fee Split Formula is being applied and the Monthly Weighted Average Retailer Fee for that month ...