Hosting Fees Clause Samples

Hosting Fees. If hosting services are included in the Sales Agreement, the Sales Agreement shall set forth the applicable hosting fees. The hosting fees are subject to rate increase and variability, and are billed based on actual usage for the time period specified in the Sales Agreement. CUSI may increase hosting fees at its discretion without prior notice to Licensee, where the applicable rate and usage shall be set forth in each invoice.

Hosting Fees. 4.2.1 Hosting Fees for the Hosting Services provided by Party B If Party B provides hosting services directly, Hosting Fees =Power Consumption* (electricity fee/KWH+$[***]) 4.2.2 Hosting Fees for the Hosting Services provided by a third party designated by Party B If the third party eventually provides the hosting service, Hosting Fees=Power Consumption*Hosting Unit Price Hosting Unit Price=the third-party Hosting Unit Price + $[***], and the third- party Hosting Unit Price shall be confirmed by the third-party bill provided by Party B to Party A. 4.2.3 The payment method of the Hosting Fees shall be agreed on by the Parties in the Service Order.

Hosting Fees. (i) For each calendar year during the period between the relevant Hosting Go Live Date and the remainder of the Term, or such portion thereof in the case of a partial calendar year (each such whole or partial calendar year, an “OYP”), the Hosting Fees shall be based on the number of contracts (round turn) in Hosted Products of such Hosted Exchange traded via the CBOT Electronic Exchange during such OYP (the “Electronic Volume”). (ii) In respect of the Kansas City Board of Trade and the Minneapolis Grain Exchange, the Hosting Fee shall additionally be predicated upon the total number of contracts (round turn) in all products of each such Hosted Exchange traded (whether via the CBOT Electronic Exchange, via the Hosted Exchange’s open outcry facility or otherwise) during such OYP (the “Total Volume”). (iii) The Hosting Fee for each OYP during the Term shall be payable by the CBOT in quarterly installments, with the first payment due within thirty (30) days following the end of the first calendar quarter subsequent to the Hosting Go Live Date. Thereafter, payments will be due on each January 30, April 30, July 30 and October 30 of each year during the remainder of the Term. (iv) In respect of the Hosting Fee for each Hosted Exchange, (i) each quarterly Hosting Fee installment shall equal the Minimum Quarterly Payment in regard to such Hosted Exchange (as designated in Paragraph 4.2 below); and (ii) the quarterly Hosting Fee installment for such Hosted Exchange due thirty (30) days following the end of the fourth calendar quarter of each OYP shall also include an amount equal to the difference between (x) the Hosting Fee for the Hosted Exchange, as calculated in accordance with Paragraph 4.2, and (y) the sum of all Minimum Quarterly Payments made during the OYP.

Hosting Fees. The applicable Service Order sets forth the MSFs for the Hosting Service. Customer is responsible for payment whether or not the hosting platform is used and whether or not it functions properly, unless such failure is caused by Madison.

Hosting Fees. Normal Hosting Unit Price: $[**] Lowest Hosting Unit Price: $[**] Invoice type: [*] tax compliant invoice. Payment method: pay in advance Description: a. To ensure the competitiveness of Party B and to add the possibility that the services of Party B will be used by Party A, the Service Fees shall be in line with the current market mainstream price, and the Lowest Hosting Unit Price shall be the cost electricity price or be close to the cost electricity price. b. The price here is tax-exclusive. Tax in the form of VAT will be added to the invoice. This rate is subject to change depending upon changes in state and local tax legislation. c. If the price is different in different time periods (including in different months and in different time periods of the same day), please specify separately.

Hosting Fees. In addition to the fees set forth elsewhere in this Agreement, NetSuite KK shall pay fees to NetSuite for hosting and operating the Localized Product, as initially agreed by NetSuite and NetSuite KK and updated from time to time in accordance with this Agreement. Such hosting and operation by NetSuite will include using reasonable commercial efforts in establishing, maintaining, and operating servers and cache sites, and backup procedures, for efficient delivery of the Localized Product to Customers in the Territory. Such fees are non-refundable and non-creditable and shall become due and payable as agreed, or if not agreed, within thirty (30) days after NetSuite’s invoice. NetSuite shall have the right to update such fees from time to time based upon changes in costs.

Hosting Fees. 3.11.1 The Hosting Fees cover all services and items specified in this Agreement except for Advanced Remote Hands Service in Clause 3.12 and is calculated based on the power consumption of the Customer Equipment and shall not include Whinstone’s own equipment (PUE) or the equipment of Whinstone’s other customers. 3.11.2 The Hosting Fee rate is the lesser of either (i) $[***] USD or (ii) the “Pass Through Rate” as hereinafter defined. As used herein, the “Pass Through Rate” is defined as the lesser of either (i) the “Net Effective Rate” as that rate is defined and calculated in the Pro Forma Pricing Model attached as Attachment C to that certain Power Services Agreement entered into by and between Whinstone and Priority Power Management LLC on April 3, 2020 (the “PPM Agreement”) or (ii) the exact price at which Whinstone is billed monthly for electricity provided to Customer per kilowatt-hour. The Hosting Fee rate shall remain unchanged for [***] consecutive years under any Extended Term under Clause 13.1. Whinstone will install power consumption meters at the transformers. 3.11.3 Whinstone, to the best of its knowledge, confirms that the “Pass Through Rate” is presently $[***] per Megawatt Hour as shown in the Pro Forma Pricing Model attached as Attachment C to the PPM Agreement, a materially accurate copy of which is attached hereto as Exhibit “1”. Customer understands that this rate is variable. 3.11.4 Hosting Fee rate = $[***] per Megawatt Hour or lower depending on the “Pass Through Rate” for [***] years, with the option to renew for the remainder of the Initial Term at the same pre-agreed upon terms seen in 3.11.2, in one year increments. Whinstone will invoice an [***] kW upon deployment of the Customer Equipment. Whinstone will require the payment to be made fifteen days prior to powering the Licensed Area.

Hosting Fees. All payments and invoices shall be made in accordance with Appendix C and Appendix A, Section 8, to DIR Contract No. DIR-TSO-3734. Unless otherwise mutually agreed by the parties in writing, Service Provider will invoice Customer for Hosting Fees monthly, in arrears, and the first invoice shall be issued by Service Provider as follows: (i) if the Hosted Solution Deployment Date occurs prior to the 15th day of the month, then Service Provider shall invoice Customer at the end of such month and Customer shall pay fees for such month in full; and (ii) if the Hosted Solution Deployment Date occurs on or after the 15th day of the month, then Service Provider shall invoice Customer at the end of the next month, and such invoice shall not include any fees relating to the month in which the Hosted Solution Deployment Date occurred. Service Provider agrees that during the Initial Term, the Hosting Fees relating to the Hosted Solution, as initially composed, shall be in the amount set forth in the Purchase Table. If at any time Customer purchases additional components for the Hosted Solution, then for the balance of the then-current term, Customer will pay additional Hosting Fees in such amounts as are mutually agreed to by the parties.

Hosting Fees. In the event of termination of any Hosting Agreement, Hosting Fees with respect to the relevant Hosted Exchange, shall, subject to Section 6.6.3, continue to accrue in accordance with Schedule I for a period, immediately following the delivery of a Hosting Agreement Termination Notice pursuant to Section 6.3(c) (the “Hosting Transition Period”), of, (a) in the event the Hosted Exchange has exercised its right to terminate the Hosting Agreement without cause, (i) twelve months or (ii) such alternative time period as LIFFE, pursuant to the CBOT’s direction, continues to deliver Services in respect of hosting the electronic trading of Hosted Products of the relevant Hosted Exchange via the CBOT Electronic Exchange; provided, however, that the CBOT shall notify LIFFE at least fifteen (15) days in advance of the date upon which LIFFE is to cease providing such Services; or (b) in the event the Hosting Agreement has been terminated by reason of material breach, insolvency, or such other grounds for termination as are equivalent to those set forth in Section 12.3.2 of this Agreement and notwithstanding any prior notification by the relevant Hosted Exchange of its intention to terminate the Hosting Agreement without cause, the later of (i) thirty (30) days and (ii) such alternative time period as the CBOT may direct LIFFE to continue to deliver Services in respect of hosting the electronic trading of Hosted Products of the relevant Hosted Exchange via the CBOT Electronic Exchange; provided, however, that the CBOT shall notify LIFFE at least fifteen (15) days in advance of the date upon which LIFFE is to cease providing such Services; or (c) notwithstanding Section 6.6.1(a) and (b), such duration as LIFFE delivers Services in respect of hosting the electronic trading of Hosted Products of the relevant Hosted Exchange via the CBOT Electronic Exchange, pursuant to a requirement, decision, or order of a regulatory or governmental authority, arbitration panel or court of competent jurisdiction. Upon the expiration of the Hosting Transition Period, the accrual of Hosting Fees with respect to such Hosted Exchange shall end, and, subject to Section 6.6.2, the CBOT shall be obligated to pay to LIFFE all accrued Hosting Fees.