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Not Franchise Fees Sample Clauses

Not Franchise Fees. The payment required pursuant to this section shall be in addition to and not in lieu of 1) any other tax, fee or assessment of general applicability (including any such tax, fee or assignment imposed on both utilities and Cable Operators or their services but not including a tax, fee, or assessment which is unduly discriminatory against Cable Operators or cable Subscribers); 2) capital costs which may be required by a franchise to be incurred by the Franchisee for public, educational, or governmental access facilities; and requirements; or 3) charges incidental to the awarding or enforcing of the franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification penalties, or liquidated damages.
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Not Franchise Fees. The Company expressly acknowledges and agrees that: (i) Except for the payments expressly required by Section 9.1 hereof, none of the payments or contributions made by, or the services, equipment, facilities, support, resources or other activities to be provided or performed by the Company pursuant to this Agreement, or otherwise in connection with the construction, operation, maintenance, repair, removal, upgrade, rebuild or enhancement of the System (including specifically, but not by way of limitation, such payments, contributions, services, equipment, facilities, support, resources or other activities as described in or provided for in Sections 4 and 9.2 hereof and in Appendices D, E and F to this Agreement) are franchise fees chargeable against the compensation payments to be paid to the District by the Company pursuant to Section 9.1 hereof; and (ii) As applicable, except for the compensation payments to the District expressly required by Section 9.1 hereof, each of the payments or contributions made by, or the services, equipment, facilities, support, resources or other activities to be provided by the Company, are within the exclusions from the term “franchise fee” set forth in Section 622(g)(2) of the Cable Act (47 U.S.C. § 542(g)(2)) (or any successor thereto); and (iii) The compensation payments due from the Company to the District pursuant to Section 9.1 hereof, shall take precedence over all other payments, contributions, services, equipment, facilities, support, resources or other activities to be paid or supplied by the Company pursuant to this Agreement; and (iv) The compensation and other payments to be made pursuant to this Section 9 of this Agreement shall not be deemed to be in the nature of a tax, and shall be in addition to any and all taxes of general applicability or other fees or charges which the Company or any Affiliated Person shall be required to pay to the District or to any state or federal agency or authority. Unless the District agrees otherwise, neither the Company nor any Affiliated Person shall have or make any claim for any deduction or other credit of all or any part of the amount of the compensation or other payments to be made pursuant to this Agreement from or against any District or other governmental taxes of general applicability (including (a) any such tax, fee or assessment imposed on both utilities and cable operators or their services but not including a tax, fee or assessment which is unduly discriminatory a...
Sample 1
Not Franchise Fees. The payment required pursuant to this Section shall be in addition to and not in lieu of 1) any other tax, fee or assessment of general applicability (including any such tax, fee or assignment imposed on both utilities and Cable Operators or their services but not including a tax, fee, or assessment which is unduly discriminatory against Cable Operator or cable Subscribers); 2) capital costs which may be required by a Franchise to be incurred by the Franchisee for PEG access facilities; and requirements; or 3) charges incidental to the awarding or enforcing of the Franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification penalties, on liquidated damges.
Sample 1
Not Franchise Fees. Grantee acknowledges and agrees that the Franchise Fees payable by Grantee to County pursuant to this section shall take precedence over all other payments, contributions, services, equip ment, facilities, support, resources or other activities to be provided or performed by Grantee pursuant to this Franchise and such Franchise Fees shall not be deducted from, or credited or offset against, any taxes, fees or assessment of general applicability levied or imposed by County or any other governmental agency, and that the Franchise Fees provided for in this section of this Franchise shall not be deemed to be in the nature of a tax, and shall be in addition to any and all taxes of general applicability and other fees and charges which Grantee shall be required to pay to County and/or to any other governmental authority, all of which shall be separate and distinct obligations of Grantee.
Sample 1
Not Franchise Fees. The Company expressly acknowledges and agrees that: (i) Except for the payments expressly required by Section 9.1 hereof, none of the payments or contributions made by, or the Services, equipment, facilities, support, resources, or other activities to be provided or performed by the Company at the direction of the City or otherwise pursuant to this Agreement, or otherwise in connection with the construction, operation, maintenance or upgrade of the System (including specifically, but not by way of limitation, such payments, contributions, Services, equipment, facilities, support, resources, or other activities as described in or provided for in Sections 3.9.04, 4, 6.3, 6.4, 6.5, 6.6, 6.8, 6.9, 6.10, 6.11.03, 6.11.04, 7.3, 9.2, 10.3, 10.4, 11.5, 13.1, 13.2, 14.2, 14.3, 14.4, 14.6, 14.7, 15 and 16.7 hereof and in Appendices X, X, X, X, X, X and J to this Agreement) are franchise fees chargeable against the compensation payments to be paid to the City by the Company pursuant to Section 9.1 hereof; and (ii) As applicable, except for the compensation payments expressly required by Section 9.1 hereof, each of the payments or contributions made by, or the Services, equipment, facilities, support, resources, or other activities to be provided by the Company, are within the exclusions from the term "franchise fee" set forth in Section 622(g)(2) of the Cable Act (47 U.S.C. § 542(g)(2)); and (iii) The compensation payments due from the Company to the City pursuant to Section 9.1 hereof, shall take precedence over all other payments, contributions, Services, equipment, facilities, support, resources, or other activities to be paid or supplied by the Company pursuant to this Agreement; and (iv) The compensation and other payments to be made pursuant to this Section 9 of this Agreement shall not be deemed to be in the nature of a tax, and shall be in addition to any and all taxes of general applicability or other fees or charges which the Company or any Affiliated Person shall be required to pay to the City or to any state or federal agency or authority, all of which shall be separate and distinct obligations of the Company and Affiliated Persons; and (v) Neither the Company nor any Affiliated Person shall have or make any claim for any deduction or other credit of all or any part of the amount of the compensation or other payments to be made pursuant to this Agreement from or against any City or other governmental taxes of general applicability (including any such tax,...
Sample 1
Not Franchise Fees. Licensee shall not apply or seek to apply or make any claim that all or any part of the Franchise Fees or other payments or contributions to be made by Licensee to the Issuing Authority pursuant to this Renewal License shall be deducted from or credited or offset against any taxes, fees or assessments of general applicability lawfully levied or imposed by the Town or any other governmental entity, including any such tax, fee or assessment imposed on both utilities and cable operators or their services.
Sample 1

Related to Not Franchise Fees

  • Franchise Fee ‌ (1) For the term of this Contract, the Concessioner shall pay to the Director for the privileges granted under this Contract a franchise fee equal to [Franchise Fee alpha number] percent ([Franchise Fee numeric number]%) of the Concessioner's gross receipts for the preceding year or portion of a year. (2) Neither the Concessioner nor the Director shall have a right to an adjustment of the fees except as provided below. The Concessioner has no right to waiver of the fee under any circumstances.

  • License Fees If so provided in the Prospectus, the Depositor may enter into a Licensing Agreement (the "Agreement") with a licensor (the "Licensor") described in the Prospectus in which the Trust(s), as consideration for the licenses granted by the Licensor for the right to use its trademarks and trade names, intellectual property rights or for the use of databases and research owned by the Licensor, will pay a fee set forth in the Agreement to the applicable Licensor or the Depositor to reimburse the Depositor for payment of the expenses. If the Agreement provides for an annual license fee computed in whole or part by reference to the average daily net asset value of the Trust assets, for purpose of calculating the accrual of estimated expenses such annual fee shall accrue at a daily rate and the Trustee is authorized to compute an estimated license fee payment (i) until the Depositor has informed the Trustee that there will be no further deposits of additional Securities, by reference to an estimate of the average daily net asset value of the Trust assets which the Depositor shall provide the Trustee, (ii) thereafter and during the calendar quarter in which the last business day of the period described in clause (i) occurs, by reference to the net asset value of the Trust assets as of such last business day, and (iii) during each subsequent calendar quarter, by reference to the net asset value of the Trust assets as of the last business day of the preceding calendar quarter. The Trustee shall adjust the net asset value (Trust Fund Evaluation) as of the dates specified in the preceding sentence to account for any variation between accrual of estimated license fee and the license fee payable pursuant to the Agreement, but such adjustment shall not affect calculations made prior thereto and no adjustment shall be made in respect thereof. (17) Sections 2.05(a) and 2.05(b) are hereby amended and replaced in their entirety with the following:

  • Franchise Agreement (a) Except as provided in this Agreement, the Properties shall at all times be operated in accordance with the terms and conditions of the Franchise Agreements. Borrower shall, or shall cause Mortgage Borrower or Operating Lessee to cause Manager to, (i) pay all sums required to be paid by Mortgage Borrower, Operating Lessee and/or Manager under the Franchise Agreements, (ii) diligently perform, observe and enforce all of the terms, covenants and conditions of the Franchise Agreements, (iii) promptly deliver to Lender a copy of any written notice to Mortgage Borrower or Operating Lessee of any default by Mortgage Borrower, Operating Lessee and/or Manager under the Franchise Agreements and notify Lender of any material default under the Franchise Agreements of which it is aware, (iv) promptly deliver to Lender a copy of any written notice to Franchisor of any default by Franchisor under the Franchise Agreements, (v) promptly deliver to Lender a copy of each financial statement, business plan, capital expenditure plan, notice of non-performance, report and estimate (a) received by Mortgage Borrower or Operating Lessee under the Franchise Agreements and (b) required to be delivered by Mortgage Borrower, Operating Lessee and/or Manager to Franchisor under the Franchise Agreements, (vi) complete all work required under any PIP on or prior to the Outside Date, (vii) not modify or amend the Franchise Agreements to the extent such modification or amendment could reasonably be expected to have a Material Adverse Effect, and (viii) except as provided in clause (b) below not terminate, cancel, or replace the Franchise Agreements, nor replace the Franchisor, nor waive or release any of its rights and remedies under the Franchise Agreements in any material respect, without Lender’s prior written consent. Each request by Borrower for approval and consent by Lender pursuant to this Section 5.25 shall be in writing and contain a legend in capitalized bold letters on the top of the cover page stating: “LENDER’S RESPONSE IS REQUESTED WITHIN TEN (10) BUSINESS DAYS. LENDER’S FAILURE TO RESPOND WITHIN SUCH TIME PERIOD SHALL RESULT IN LENDER’S CONSENT BEING DEEMED TO HAVE BEEN GRANTED” and Borrower shall include the following documentation with such request all materials reasonably necessary in order for Lender to evaluate such matter. In the event that Lender fails to grant or withhold its approval and consent to such matter within such ten (10) Business Day period (and, in the case of a withholding of consent, stating the grounds therefor in reasonable detail), then, so long as no Event of Default is continuing, Lender’s approval and consent shall be deemed to have been granted. There shall be no administrative or approval fee in connection with this Section 5.25(a), but Borrower shall pay any out-of-pocket costs and expenses incurred by Lender. (b) Notwithstanding the foregoing, provided no Event of Default is continuing, Mortgage Borrower and/or Operating Lessee shall have the right, and the right to permit Franchisor, without the prior written approval of Lender (but upon prior written notice to Lender), to terminate a Franchise Agreement at an Individual Property; provided, however, it shall be an Event of Default hereunder in the event that within sixty (60) days of the termination of such Franchise Agreement (i) Borrower shall have failed (or shall have failed to cause Mortgage Borrower or Operating Lessee in the case of clause (2) hereof) to deliver to Lender either (1) a PIP Guaranty relating to any New PIP contemplated by the Replacement Franchise Agreement or the Replacement Management Agreement with a Brand Manager or (2) Cash to be deposited into the PIP Reserve Account in an amount equal to the PIP Required Deposit contemplated by the Replacement Franchise Agreement or the Replacement Management Agreement with a Brand Manager, which Cash shall be held and distributed in accordance with the terms of Section 9.9 of the Mortgage Loan Agreement and (ii) Borrower fails to deliver evidence reasonably acceptable to Lender that a Replacement Franchise Agreement or a Replacement Management Agreement with a Brand Manager is in full force and effect at the applicable Individual Property.

  • REIMBURSEMENT FOR MILEAGE AND INSURANCE 1. An employee who is required by their employer to use their private vehicle for school district related purposes shall receive reimbursement of: Effective July 1, 2019 $ 0.56 c/Km Effective July 1, 2020 $ 0.57 c/Km Effective July 1, 2021 $ 0.58 c/Km 2. The mileage reimbursement rate established in Article B.10.1 shall be increased by 5 cents/kilometer for travel that is approved and required on unpaved roads. 3. The employer shall reimburse an employee who is required to use their personal vehicle for school district purposes, the difference in premium costs between ICBC rate Class 002 (Pleasure to/from Work) and ICBC rate Class 007 (Business Class) where the employee is required to purchase additional insurance in order to comply with ICBC regulations respecting the use of one’s personal vehicle for business purposes.

Most Referenced Clauses

Most Referenced Definitions