Common use of Minimum Fee and Termination Payment Clause in Contracts

Minimum Fee and Termination Payment. Notwithstanding anything to the contrary in any other part of the Master Agreement or an XaaS Agreement, You must pay: (i) the Monthly Minimum Fee, irrespective of Your actual usage of the XaaS Services; and (ii) the Termination Payment, if any is set forth in the XaaS Agreement, where You have exercised Your right to terminate the XaaS Agreement for convenience, or Hitachi has exercised its right to terminate EverFlex the XaaS Agreement for cause under these Terms. Your payment obligations are without any right of deduction by way of set-off, counterclaim, discount or otherwise.

Appears in 6 contracts

Samples: Hitachi Vantara Solution Framework Agreement, Hitachi Vantara Solution Framework Agreement, www.hitachivantara.com

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Minimum Fee and Termination Payment. Notwithstanding anything to the contrary in any other part of the Master Agreement or an XaaS Agreement, You must pay: (i) the Monthly Minimum Fee, irrespective of Your actual usage of the XaaS Services; and (ii) the Termination Payment, if any is set forth in the XaaS Agreement, where You have exercised Your right to terminate the XaaS Agreement for convenience, or Hitachi has exercised its right to terminate EverFlex the XaaS Agreement for cause under these Terms. Your payment obligations are without any right of deduction by way of set-off, counterclaim, discount or otherwise.

Appears in 1 contract

Samples: Hitachi Vantara Solution Framework Agreement

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Minimum Fee and Termination Payment. Notwithstanding anything to the contrary in any other part of the Master Agreement or an XaaS Agreement, You must pay: (i) the Monthly Minimum Fee, irrespective of Your actual usage of the XaaS Services; and (ii) the Termination Payment, if any is set forth in the XaaS Agreement, where You have exercised Your right to terminate the XaaS Agreement for convenience, or Hitachi has exercised its right to terminate EverFlex the XaaS Agreement for cause under these Terms. Your payment obligations are without any right of deduction by way of set-off, counterclaim, discount or otherwise.

Appears in 1 contract

Samples: Hitachi Vantara Solution Framework Agreement

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