Invoicing and Settlement of Costs. (a) The party providing each Service shall invoice the party receiving the Service for all Service Charges for each calendar month within thirty (30) days following the end of such month, provided that any failure to provide an invoice within such time period shall not relieve the party receiving such Service of its obligation to pay an invoice received after such date. All invoices shall include a reasonably detailed description of the Services performed.
(b) Subject to Section 3.02(c) below, the party receiving such Service shall pay within 30 days following its receipt of any invoice pursuant to paragraph (a), without set-off, all amounts invoiced during the preceding calendar month. If the party receiving such Service fails to pay any monthly payment within 60 days following its receipt of any invoice pursuant to paragraph (a), such party shall pay, in addition to the amount indicated in such invoice, a rate of interest equal to the LIBOR Rate plus 200 basis points per annum on such amount for the period such amount remains unpaid.
(c) In the event of a dispute as to the propriety of any amount invoiced pursuant to paragraph (a) above, the party receiving the Service shall pay all undisputed amounts, but shall be entitled to withhold payment of any amount in dispute (and shall not be obligated to pay interest on the amount so withheld) and shall endeavor to notify the party providing the Service within 10 Business Days from receipt of any disputed invoice of the disputed amount and the reasons each such charge is disputed by the party receiving the Service, provided that the failure to so notify the party providing the Service within such time period shall not prevent the party receiving the Service from disputing such invoice. The party providing the Service shall provide to the party receiving the Service, or shall cause its Subsidiaries to so provide, records relating to the disputed amount so as to enable the parties to resolve the dispute. The parties shall use reasonable efforts to resolve any such dispute promptly.
(d) Any invoice or payment not disputed in writing by either party within 180 days of such invoice or payment, as the case may be, shall be considered final and no longer subject to adjustment.
Invoicing and Settlement of Costs. (a) Seller shall invoice the Company for all Service Costs and other costs and expenses for which the Company is liable pursuant to this Agreement on a monthly basis. Each such invoice shall be sent following the end of the applicable calendar month within 30 days following the end of such calendar month. Each such invoice shall be in a format and contain a level of detail reasonably sufficient under the circumstances to identify the Services and costs and expenses that are the subject of such invoice and in a form reasonably acceptable to the Company and Seller. Service Costs will be equitably prorated if the Closing Date or the date on which a Service is terminated is not the first calendar day or the last calendar day, respectively, of a calendar month.
(b) Upon the Company's good faith dispute of a xxxx (or portion thereof, as applicable) for Service Costs or Pass Through Costs submitted to the Company for payment, Seller shall provide to the Company, as reasonably requested by the Company, such additional documentation as is reasonably necessary to substantiate, and to explain Seller's methodology in calculating, such Service Costs or Pass Through Costs.
(c) The Company agrees to pay on or before thirty (30) days after the date on which it receives an invoice delivered pursuant to Section 3.05(a) (each, a "PAYMENT DATE") the amount set forth in such invoice, to the extent not disputed by the Company in good faith, by wire transfer of immediately available funds payable to the order of Seller. If the Company fails to pay any undisputed amount of a monthly payment within such thirty (30)-day period following the relevant Payment Date, the Company shall be obligated to pay, in addition to the amount due on such Payment Date, simple interest on such undisputed amount at the Prime Rate from the relevant Payment Date through the date of payment. Notwithstanding the foregoing, the Company may withhold payments (other than (i) for failure to provide a Service or non-compliance with any Service Standards (which are governed by Section 2.04), (ii) Pass Through Service Costs, or (iii) with respect to Taxes, unless in the case of (ii) and (iii) such items are themselves subject to dispute in good faith) for amounts in excess of $25,000, disputed in good faith payable under this Agreement beyond the applicable Payment Date; PROVIDED that as concerns those portions of the disputed and withheld amounts which are determined (either via the dispute resolution provisio...
Invoicing and Settlement of Costs. (a) Service Provider shall invoice or notify Company in writing on at least a monthly basis of Service Costs incurred; provided, however, that the failure of the Service Provider to deliver an invoice or other notification of Service Costs incurred shall not constitute a waiver of such Service Costs. In connection with the invoicing described in this Section, Service Provider shall, if requested and upon not less than 20 Business Days’ prior notice (unless such notice is waived by the parties), provide to Company detailed billing data reasonably requested by Company to verify the Service Costs. Service Provider shall have the right, but not the obligation, to invoice or otherwise notify Company in accordance with the foregoing procedures of an estimate of the aggregate Service Costs for a particular fiscal year (or other period) of Service Provider prior to expiration of such fiscal year (or other period).
(b) As to any Service Cost, Service Provider may subdivide and require payment of such Service Cost (in advance of Service Provider’s own payment of the underlying cost for such Service) into an estimated monthly (or other) payment (a “Periodic Payment”), based upon the reasonably estimated or actual annualized Service Costs. In circumstances where an estimate is used, Company shall be obligated to pay Service Provider based upon such estimate. Any difference between actual Service Costs and estimated Services Costs shall be netted against or added to Service Costs for the succeeding period.
(c) Company will pay the applicable Service Costs set forth in an invoice or notification pursuant to Section 3.02(a) to Service Provider within 15 days after the date (each, a “Payment Date”) on which Service Provider delivers such invoice or notification (or the next Business Day, if such day is not a Business Day). Such payment shall be made by, at Service Provider’s election: (i) wire transfer or by other means of providing immediately available funds payable to the order of Service Provider; or (ii) by check drawn on a United States financial institution.
(d) To the extent requested by Service Provider, Service Provider may elect that Company directly pay, within 30 days after the date on which it is invoiced or otherwise notified (or on or before any other due date previously established), any amount owed to any third party vendor in relation to any Service provided hereunder. If Company fails to pay any such amount due in a timely manner and Service Provider b...
Invoicing and Settlement of Costs. (a) Limited Brands shall (or shall cause one or more of the Limited Entities to) invoice the Chief Financial Officer of the Company on a monthly basis (not later than the fifteenth day of the following month), for the Service Costs (including, without limitation, invoices for Disengagement Costs as contemplated by Sections 5.01 and 5.03(a)(3) hereof) incurred in the prior month, and will provide to the Company the same billing data and level of detail as Limited Brands customarily provides to the other businesses operated by Limited Brands and such other supporting data, particularly in connection with Disengagement Costs, as the Company may reasonably request. Limited Brands shall use its commercially reasonable efforts to cause invoices to be presented to the Company on the schedule set forth in this Article 3, but no delay in presentation of an invoice shall affect the Company’s obligation to pay the full amount of such invoice, when presented, on the terms set forth herein.
(b) Except as provided in Section 3.09(c) or as specifically provided elsewhere in this Agreement or in any Schedule hereto, the Company agrees to pay on or before 30 days after the date on which Limited Brands invoices the Company for the Service Costs, all amounts invoiced by Limited Brands pursuant to Section 3.09(a). Such payments shall be made by the Company by wire transfer of immediately available funds to an account designated by Limited Brands.
(c) Subject to Section 3.08(c), the Company shall pay Limited Brands by wire transfer or other methods mutually agreeable to the parties, all amounts with respect to Capital Investments within 10 Business Days of the date on which Limited Brands invoices the Company for such Capital Investments (either in whole or in part). Limited Brands shall be under no obligation to make any Capital Investment before receipt of the Company’s advance payment for such expenditure.
(d) If the Company fails to pay the full amount of any invoice under this Agreement within 15 days of the relevant payment due date, the Company shall be obligated to pay, in addition to the amount due on such payment due date, interest on such amount at the greater of (1) 12% or (2) the Reference Rate plus 5%, in each, case per annum compounded monthly from the relevant payment due date through the date of payment; provided that such interest rate shall not exceed the maximum rate permitted by applicable law. All payments made shall be applied first to unpaid interest an...
Invoicing and Settlement of Costs. (a) ATS shall invoice Photowatt upon shipment of Foil Products, the fees payable by Photowatt for Foil Products ordered by Photowatt under this Article 4.
(b) Photowatt shall pay to ATS, on or before the 10th day after the date on which an invoice for Foil Products is delivered to the Photowatt in accordance herewith (or the next Business Day, if such 10th day is not a Business Day) (each, a “Payment Date”), by wire transfer of immediately available funds payable to the order of ATS, all amounts invoiced by ATS pursuant to Section 4.6. Photowatt shall pay interest at the prime rate as quoted from time to time of The Bank of Nova Scotia plus 2% on any amounts invoiced by ATS which are not paid when due. In the event Photowatt fails to pay amounts owing under this Article 4 on two or more occasions, ATS reserves the right to require all future deliveries of Foil Products to be paid C.O.D.
(c) The prices quoted by ATS are exclusive of all applicable federal, state/provincial or local taxes, unless otherwise stated. Photowatt shall pay the gross amount of any present or future sales, use, excise, value added, or other similar tax applicable to the price, sale or delivery of any Product, Foil Product, Project Service or Deliverable furnished hereunder or to their use by Photowatt. Photowatt shall furnish ATS with evidence of exemption from any such taxes acceptable to the taxing authorities. Photowatt shall assess and remit any applicable tax to taxing authorities not otherwise invoiced by ATS. If any tax in the nature of withholding tax is payable on any sums invoiced under this Agreement, Photowatt shall pay ATS such amount as is necessary to ensure that the net amount received by ATS after such withholding shall be equal to the amount invoiced or otherwise required to be paid herein.
Invoicing and Settlement of Costs. (a) ATS shall invoice the applicable Receiving Party in advance of each calendar month for the estimated Service Costs to be incurred by the applicable Receiving Party and attributable to the following month. Such estimate will be arrived at by ATS in the exercise of ATS’s reasonable judgment, based on known Fixed-Price Billing amounts and known or estimated Pass-Through Billing and Fixed-Rate Billing amounts for the month in question. All Pass-Through Billing amounts are to be invoiced when ATS is invoiced for same regardless of the period covered by the related Services. In connection with the invoicing described in this Section 3.06(a), ATS shall provide to the applicable Receiving Party the same billing data and level of detail and such other related data as may be reasonably requested by the applicable Receiving Party. Each monthly invoice will provide for any necessary adjustment so that actual Service Costs incurred in the most recently completed month match the total dollar amount collected with respect to that month.
(b) Each Receiving Party shall pay to ATS, on or before the beginning of each calendar month(each, a “Payment Date”), by wire transfer of immediately available funds payable to the order of ATS, all amounts properly invoiced by ATS pursuant to Section 3.06(a) for such month. If any Receiving Party fails to pay any monthly payment within 30 days of the relevant Payment Date, such Receiving Party shall be obligated to pay, in addition to the amount due on such Payment Date, interest on such amount at the Prime Rate plus 2%, compounded monthly from the relevant Payment Date through the date all such due amounts are paid. Offsetting is not permitted.
Invoicing and Settlement of Costs. (a) Unless any Schedule hereto indicates otherwise or the parties shall agree in writing to a different arrangement, Provider shall invoice or notify in writing the [title of officer] of Recipient on a monthly basis (not later than the [ ] day of each month).
(b) Recipient agrees to pay on or before 45 days after the date on which Provider invoices Recipient for the Service Costs (or the next Business Day, if such day is not a Business Day) (each, a “Payment Date”) by wire transfer of immediately available funds payable to the order of Provider all amounts invoiced by Provider pursuant to Section 3.03(a) during the preceding calendar month. If Recipient fails to pay any monthly payment within 45 days of the relevant Payment Date, Recipient shall be obligated to pay, in addition to the amount due on such Payment Date, to the extent permitted by Applicable Law, interest on such amount at the [ ] rate compounded monthly from the relevant Payment Date through the date of payment.
Invoicing and Settlement of Costs. (a) Unless alternative arrangements for a particular Service are set forth on the applicable Schedule, McDonald’s will invoice or otherwise notify Chipotle of the Service Costs on a monthly basis, either directly or through McDonald’s intracompany billing system, in a manner substantially consistent with the billing practices used in connection with services provided to Chipotle prior to the Closing Date. In connection with the invoicing described in this Section 3.02(a), McDonald’s will provide to Chipotle the same billing data and level of detail as it customarily provided to Chipotle prior to the Closing Date.
(b) Chipotle agrees to pay, without setoff, all of the Service Costs on or before ten (10) business days after the date on which McDonald’s invoices or otherwise notifies Chipotle of the Service Costs (each invoice date or notification date, a “Payment Date”). At McDonald’s option, and upon reasonable notice to Chipotle, Chipotle shall make such payments through McDonald’s intracompany billing system, cash management systems, or by wire transfer of immediately available funds payable to the order of McDonald’s. If Chipotle fails to pay any monthly payment within ten (10) business days of the relevant Payment Date, Chipotle shall be obligated to pay, in addition to the amount due on such Payment Date, interest on such amount at the prime rate announced by XX Xxxxxx Chase (as of the applicable Payment Date) plus two percent (2%) per annum, compounded monthly from the relevant Payment Date through the date of payment. Notwithstanding the foregoing, if Chipotle has reasonable basis to believe an invoice is incorrect, Chipotle shall notify McDonald’s of the basis for its belief and the Parties shall reasonably cooperate to resolve such matter. Provided Chipotle has timely paid all amounts not in dispute, in such event, interest shall not accrue on any amount in dispute and no default shall be alleged until the earlier of (x) thirty (30) days from the Payment Date and (y) three (3) business days following resolution of such matter.
Invoicing and Settlement of Costs. (a) Provider shall invoice Recipient for all Service Charges for each calendar month or any portion thereof, as applicable, within thirty (30) days following the end of such calendar month, provided that any failure by Provider to provide an invoice within such time period shall not relieve Recipient of its obligation to pay an invoice received after such date. Recipient shall only be required to pay Provider a pro rata portion of the monthly rate for any Service that does not begin on the first Business Day of the month, or for any Service that is terminated prior to the end of the last Business Day of the month in accordance with Schedules I and II attached hereto. All invoices shall reflect in reasonable detail a description of the Service performed.
(b) Subject to Section 3.2(d), Recipient shall pay within thirty (30) days following its receipt of any invoice from Provider pursuant to paragraph (a), by check or wire transfer of immediately available funds payable to the order of Provider and without set off, all amounts invoiced by Provider during the preceding calendar month. Interest will be payable on past due payments at a rate equal to one and one half percent (1.5%) per month from the due date thereof, not to exceed the maximum rate permitted by Law.
(c) Any transition, excise, sales, use or similar tax charged to, assessed on or incurred by the rendering of the services listed on Schedule I hereto shall be the responsibility of Recipient and shall be paid to Provider in addition to the Service Charges; provided, however, that each party shall be responsible for its own income taxes.
(d) In the event of a dispute as to the propriety of the amount invoiced, Recipient shall pay all undisputed amounts, but shall be entitled to withhold payment of any amount in dispute and shall notify Provider within ten (10) Business Days from receipt of any disputed invoice of the disputed amount and the reasons each such charge is disputed by Recipient. Provider shall provide to Recipient records relating to the disputed amount so as to enable the parties to resolve the dispute. The parties shall use reasonable efforts to resolve any such dispute promptly.
Invoicing and Settlement of Costs. (a) Except as otherwise provided in a Schedule to this Agreement or to the extent that Retail Ventures and DSW may mutually agree, each Billing Party shall invoice or notify the
