LICENSE FEES; PAYMENT. The following shall be added after the last sentence of Section 4.1.1(c) of the VOD General Terms:
LICENSE FEES; PAYMENT. 5.1 Licensee shall pay to Licensor a license fee as determined in accordance with this Article 5 (the “License Fee”). The License Fee specified herein is a net amount unreduced by any tax, levy or charge, the payment of which shall be the responsibility of Licensee. The License Fee for each Avail Year during the Avail Term shall be the aggregate total of all Per-Program License Fees due for all Included Programs that have an Availability Date occurring during each such Avail Year, calculated as set forth below.
LICENSE FEES; PAYMENT. Licensee shall pay to Licensor the License Fee determined in accordance with this Article 6. The License Fee is a net amount unreduced by any tax, levy or charge, the payment of which shall be the responsibility of Licensee.
LICENSE FEES; PAYMENT a. As consideration for the License granted hereunder and for use and or consumption of Additional Facilities, Licensee shall pay to Licensor a License Fee computed at such rates for such services and facilities as set forth on Exhibit B. Licensee has determined in good faith, and Licensor acknowledges, that Licensee’s estimated use of the Premises and Additional Facilities, and the Estimated Total License Fee will be created by the PAC Facilitator and agreed upon by both parties upon acceptance of the Agreement.
b. License Fees shall be payable as follows:
i. One-half (50%) of the Estimated Total Fees set forth by the PAC Facilitator shall be paid upon execution of this Agreement.
ii. Remaining balance of the Estimated Total Fees for Contract shall be paid at least five (5) business days prior to Licensee’s first performance date set forth on Exhibit A.
iii. Any schedule changes in hours or dates must be received ten (10) calendar days before the first performance or a $200-400 administrative fee will be assessed to the Licensee.
iv. Upon completion of the event, the Licensor will submit a Final Invoice setting forth, in reasonable detail, the services and facilities actually provided and used hereunder, and the associated License Fees charged thereof, and payment thereon shall be due within seven (7) business days after the date of each invoice.
v. Licensee shall thereafter pay, as and when due, the License Fee balance reflected on the final invoice issued by Licensor, it being the intent of the Parties that Licensee shall be liable to pay License Fees based on the actual provision and usage of the Premises and Additional Facilities, and not based on the estimates provided initially by the Estimated Total Fees projection.
c. Notwithstanding the foregoing, Licensee shall pay Licensor- designated sound and lighting engineers directly. Licensee shall indemnify and hold Licensor harmless from and against any and all loss, cost, damage or expense (including reasonable attorney’s fees) suffered or incurred by Licensor in connection with any claim, demand, action, suit or proceeding by a Licensor-designated sound or lighting engineer alleging that Licensee has failed to pay such engineer as and when due and owing.
LICENSE FEES; PAYMENT. (a) In the event that *****, in accordance with Section 5(b), elects to continue to operate and use the CTi System under the terms of this User License, ***** shall promptly pay CTI the sum of Two Hundred Eighty Thousand Dollars ($280,000) as a single or one-time fee (the “License Fee”) for the user rights licensed to ***** under this User License. Upon payment of the License Fee as provided herein, the grant of user rights to ***** herein shall be fully paid-up for the Term of this User License and ***** shall have no obligation to make any other payment of license fees or royalties hereunder.
(b) Payment of the License Fee to CTI shall be (1) exclusive of sales, use or value added taxes (VAT) or the equivalent, ad valorem, personal property and other taxes assessable against *****, all of which shall be the responsibility of *****, (2) paid without notice, demand, counterclaim, setoff, deduction, abatement, deferment or proration by reason of any circumstance or occurrence, and (3) paid to CTI in immediately available U.S. Dollars, either in cash or by wire transfer to an account in CTI’s name at a bank or banking institution that it specifies to ***** from time to time.
LICENSE FEES; PAYMENT. (a) In the event that PERDUE, in accordance with Section 5(b), elects to continue to operate and use the CTi System under the terms of this User License, PERDUE shall promptly pay CTI the sum of Two Hundred Eighty Thousand Dollars ($280,000) as a single or one-time fee (the "License Fee") for the user rights licensed to PERDUE under this User License. Upon payment of the License Fee as provided herein, the grant of user rights to PERDUE herein shall be fully paid-up for the Term of this User License and PERDUE shall have no obligation to make any other payment of license fees or royalties hereunder.
(b) Payment of the License Fee to CTI shall be (1) exclusive of sales, use or value added taxes (VAT) or the equivalent, ad valorem, personal property and other taxes assessable against PERDUE, all of which shall be the responsibility of PERDUE, (2) paid without notice, demand, counterclaim, setoff, deduction, abatement, deferment or proration by reason of any circumstance or occurrence, and (3) paid to CTI in immediately available U.S. Dollars, either in cash or by wire transfer to an account in CTI's name at a bank or banking institution that it specifies to PERDUE from time to time.
LICENSE FEES; PAYMENT. 4.1 Licensee shall pay to Licensor a license fee as determined in accordance with this Article 4 (the “VOD License Fee”). The VOD License Fee specified herein is a net amount unreduced by any tax, levy or charge, the payment of which shall be the responsibility of Licensee. The VOD License Fee for each VOD Avail Year during the VOD Avail Term shall be the aggregate total of all VOD Per-Program License Fees due for all VOD Included Programs that have a VOD Availability Date occurring during each such VOD Avail Year, calculated as set forth below.
LICENSE FEES; PAYMENT. 4.1 The fees to be paid to Licensor for this License and the services to be provided by Licensor hereunder are set forth in Exhibit D hereto. Licensor will from time to time provide such additional services as the parties may mutually agree. Such services will be provided at Licensor's prevailing rates at the time the services are performed. If such services are not customarily provided by Licensor to other licensees, they will be provided at such rates as Licensor and Licensee may agree to.
4.2 License fees will be billed monthly through Licensor's then current billing system. Third party fees for databases such as usual, customary and reasonable fees and drug costs, as well as preferred provider organization access fees (collectively "Third Party Fees") are not included in the licensee fees set forth above, but will be billed by Licensor to Licensee. Licensee will be responsible for all Third Party Fees during the first 12 months of this Agreement, as referenced in Exhibit D hereto, and for all increases in such Third Party Fees that may occur from time to time thereafter that do not exceed on an aggregate basis 10% per annum. All license fees, together with any Third Party Fees owed by Licensee are due and payable within thirty (30) days after receipt of the electronic invoice.
4.3 In addition to any other amounts due hereunder, Licensee shall pay to or reimburse Licensor the amount of any sales, use, excise, property or other federal, state, local or foreign taxes, duties, tariffs or other assessments (other than any tax based solely on Licensor's net income) any related interest and penalties which Licensor is at any time obligated to pay or collect in connection with or arising out of the transactions contemplated by this Agreement.
4.4 In the event Licensor does not receive any amounts from Licensee due under this Section 4 or any other Section hereunder on or before the date on which such amounts are due and payable, such outstanding amounts shall bear interest until payment is received at the maximum rate permitted by law, but in no event to exceed twelve percent (12%) per annum. Amounts received by Licensor hereunder shall first be credited against any unpaid interest, and accrual of such interest shall be in addition to and without limitation of any and all additional rights or remedies which Licensor may have hereunder or at law or in equity.
4.5 Each month Licensor will provide Licensee with documentation describing the number and types of bil...
LICENSE FEES; PAYMENT. In partial consideration of the rights granted hereunder in connection with the Included Programs, Licensee shall pay to Licensor a license fee (“License Fee”) based upon the number of Aircraft actually licensed the right by Licensee to exhibit a Content Package during the relevant month of the Term as set forth in the table below. The License Fees payable hereunder shall be a net amount unreduced by any tax, levy or charge including, without limitation, withholding taxes and value added taxes, the payment of which shall be the responsibility of Licensee. Licensee shall pay License Fees owed in each month of the Term within 30 days after end of each such month along with a statement setting forth the number of Aircraft and the calculation for the License Fee for such month (such statement may be sent via e-mail to Licensor). Number of Aircraft Avail Year 1 Flat Monthly License Fee Avail Year 2 Flat Monthly License Fee The parties acknowledge and agree that the provisions of this section are of the essence. Licensee covenants and agrees to make all payments to Licensor hereunder in a timely manner.
LICENSE FEES; PAYMENT. In partial consideration of the rights granted hereunder in connection with the Included Programs, Licensee shall pay to Licensor a license fee (“License Fee”) based upon the number of Aircraft actually licensed the right by Licensee to exhibit a Content Package during the relevant month of the Term as set forth in the table below. The License Fees payable hereunder shall be a net amount unreduced by any tax, levy or charge including, without limitation, withholding taxes and value added taxes, the payment of which shall be the responsibility of Licensee. Licensee shall pay License Fees owed in each month of the Term within 30 days after end of each such month along with a statement setting forth the number of Aircraft and the calculation for the License Fee for such month (such statement may be sent via e-mail to Licensor). The parties acknowledge and agree that the provisions of this section are of the essence. Licensee covenants and agrees to make all payments to Licensor hereunder in a timely manner.
