Fees to Members. Any fees or other amounts paid or accruing to the benefit of any Member pursuant to this Agreement (or any other agreement between the Company and any Member providing for the payment of such amount) in exchange for services rendered to the Company and payable to the Members without reference to or independently of their Percentage Interest or Capital Account balances shall be treated as guaranteed payments pursuant to Code Section 707(c), and shall be treated as expenses of the Company which reduce Profits or increase Losses that are to be allocated pursuant to this Article IV (such fees or payments are referred to in this Section as “Member Fees”). If any Member Fees cannot be deducted by the Company for purposes of determining taxable income allocable to the Members, or otherwise are disallowed as deductions for such purpose and are treated as distributions to the Members, then
Fees to Members. The Operator must establish a reasonable fee schedule for the members of the Facility. The Fee Schedule shall include a sliding scale that accounts for adjustments based upon the economic need of those members who would otherwise be unable able to use the Facility. A copy of the initial Fee Schedule, which may be amended from time to time as needed per this Agreement, is attached hereto as Exhibit C. A copy of the initial Fee schedule, which may be amended from time to time as needed per this agreement, will be delivered within 30 days of execution of this contract. The Parties further agree that the fee schedule for members may only be increased once per calendar year. Operator’s fee schedule shall provide for an up to 5% annual fee increase. Operator may assess an additional annual fee increase of up to 10% without City approval. Any increase, within the same calendar year, which exceeds the aforementioned increases are subject to City approval as provided herein. Proposed changes must first be presented to the Board of Parks Commissioners for its consideration. The Board of Parks Commissioners shall make a recommendation thereon, within the earlier of thirty (30) days of submission of said changes to it or its next regularly scheduled meeting, to the City Manager. Should The Board of Parks Commissioners not present its recommendation to the City Manager in said allotted time then the changes must be provided as submitted by Operator to the City Manager for review and approval prior to implementation whose approval shall not be unreasonably withheld, conditioned or delayed.
Fees to Members. A reasonable fee schedule for the members of the Facility has been established by the Operator, a copy of which is attached hereto as Exhibit E. The fee schedule includes a sliding scale fee structure that accounts for adjustments based upon the economic need of those members who would otherwise be unable able to use the Facility. The Parties further agree that the fee schedule for members may only be increased twice each calendar year. All proposed changes to the fee schedule, including changes to the sliding scale structure, must be provided to the City Manager for review and approval prior to implementation whose approval shall not be unreasonably withheld.
Fees to Members. Notwithstanding any provision of the Agreement to the contrary, to the extent any payments in the nature of fees paid to a Member are finally determined by the Internal Revenue Service to be distributions to a Member for federal income tax purposes, such Member shall be allocated gross income in the amount of such distribution.
Fees to Members. A. The Company shall pay to CHC the sum of Nine Hundred Eighty Thousand Dollars ($980,000) for its services pursuant to SECTION 5.9 and shall pay to CHC, pursuant to the Sublicense Agreement, the sum of Twenty Thousand Dollars ($20,000), as consideration for CHC's license of the Proprietary Marks. Upon the opening of the Company's twentieth (20th) Restaurant, the Company shall pay to CHC an additional Nine Hundred Eight Thousand Dollars ($980,000) for its services pursuant to SECTION 5.9 and shall pay to CHC, pursuant to the Sublicense Agreement, an additional Twenty Thousand Dollars ($20,000), as additional consideration for CHC's license of the Proprietary Marks. Outback shall contribute to the Company the funds required under this SECTION 6.6(A) as a capital contribution.
Fees to Members
