Operations Fee. (a) Payment of Operation Fee Year of Term Percentage of Gross Revenue for Payment
(i) result in the Association being unable to pay its normal and reasonable operating expenses and compromise the ability of the Association to provide Programming and services at the Jointly Operated Facilities; or
(ii) otherwise reasonably be seen to create a threat to the viability of the Association.
Operations Fee. The fee for the Operations Services shall be a monthly fee of $59,000 which shall be due and payable within 30 days of the end of each month during the term of the Agreement beginning with July 2001.
Operations Fee. A. The operations fee (the "UCI Operations Fee") for each calendar month (or any portion thereof) shall be equal to the sum for each Owner Compressor leased for any portion of such calendar month of the product of (i) the Operations Fee Rate per horsepower applicable to such Owner Compressors, (ii) the total horsepower for such Compressor and (iii) a fraction the numerator of which is the number of days in each month that such Owner Compressor was on lease and the denominator of which is 30. The Operations Fee for a successor Manager is set forth in the definition thereof, subject to the adjustments and limitations contained therein and herein.
B. The Operations Fee Rate shall be recomputed by UCI and automatically adjusted on June 30th of each year prior to a Trigger Event, to reflect the actual operating costs incurred by the Manager to manage the UCI Compressor during the fiscal year ending on March 31st. Any such adjustment shall be accompanied by a certification by the Manager that any increase in the Operations Fee Rate reflects increases in costs which are also being incurred in respect of all of the UCI Compressors. The reasonableness of the amount of such cost increase will, at the request of any Entitled Party, be verified by a third party consultant selected by the Control Party and reasonably satisfactory to the Manager. Increases in the Operations Fee in excess of the levels permitted in the definition of the Operations Fee shall be payable at a subordinated level in accordance with Section 7.2(b) of the Head Lessee Security Agreement. In addition to the adjustment set forth above, the Monthly Operations Fee Rate may be adjusted with the prior consent of the Manager, each Owner, the Deal Agent and the Series Enhancer to reflect material non-recurring costs incurred in any year.
C. The Operations Fee, as adjusted from time to time under Section 11.3(b), is intended to include all direct operating costs and expenses relating to the performance of the Manager's services, duties and obligations under this Agreement but shall not include (x) the costs and expenses of the Manager that are incurred in connection with the Reimbursable Services or (y) costs and expenses of the Manager in connection with its reimbursement, payment or indemnification obligations owing to any MA Indemnified Party.
Operations Fee. Manager shall receive a fee equal to fifteen percent (15%) of the excess of Group Revenues over Clinic Expenses as a result of Group operations.
Operations Fee. (a) The fee for operations payable to EXLP as initial Manager shall be the Operations Fee.
(b) So long as EXLP or one of its Affiliates is the Manager, the Operations Fee Rate shall automatically adjust, on the next Determination Date after the filing by EXLP of its quarterly report, to reflect the “gross margin percentage”, as set forth in the most recent consolidated financial statements of EXLP delivered pursuant to Section 9.1(a) hereof. Increases in the Operations Fee in excess of the levels permitted in the definition of Operations Fee shall be payable at a subordinated level in accordance with Sections 302(d) and (e) of the Indenture. In addition to the adjustment set forth above, the Operations Fee Rate may be adjusted with the prior consent of the Manager, the Issuer, and the Requisite Global Majority to reflect material non-recurring costs incurred in any year.
(c) The Operations Fee, as adjusted from time to time, is intended to include all direct operating costs and expenses relating to the performance of the Manager’s services, duties and obligations under this Agreement but shall not include (x) Reimbursable Expenses, (y) the costs and expenses of the Manager in connection with its reimbursement, payment or indemnification obligations owing to any MA Indemnified Party, and (z) that portion of such direct operating costs and expenses that exceeds the Cost of Sales Limit.
Operations Fee. Beginning on the date that is the first day of a calendar month after the Operational Date and every first day of the month thereafter during the Term, Motivate shall invoice the City monthly for its Operations Fee in connection with its performance of the Work for the previous month of operation (such Operations Fee to be a pro rata amount based on the number of Bicycles in operation as a percentage of 600 Bicycles as well as a pro rata portion of any incomplete month for the first month of operation of the System). Payment for the Operations Fee is solely derived from System Revenues and will be paid by the City in accordance with the Payment Priority Schedule. Motivate acknowledges and accepts the risk of a Cumulative Operations Loss. Under no circumstances will the City compensate Motivate for any such loss(es) except as follows: during the Term, any Cumulative Net Profit will go first toward rectifying any Cumulative Operations Loss. In such case, Motivate will invoice the City for that month’s Operations Fee plus any Cumulative Operations Loss up to the amount of the Cumulative Net Profit. For any month in which an Operations Fee is due and payable to Motivate in accordance with the Payment Priority Schedule, payment of such Operations Fee shall be made within thirty (30) days of receipt by the City of an invoice therefor from Motivate. If the Operations Fee due hereunder is not remitted within 45 days of receipt of the invoice therefor, the City shall pay interest to Motivate at a rate of 1.5% per month (18% per annum) on such past due amounts from such due date until the date such Operations Fee is remitted. Beginning with the date that is one(1) year after the Operational Date, the Operations Fee will be increased each calendar year by any cumulative increase over the previous calendar year in the National Bureau of Labor Statistics’ Consumer Price Index for All Urban Consumers (CPI-U) for the greater Portland area. In the event of a decrease of the CPI- U for the greater Portland area, the Operations Fee will remain the same as the previous year.
Operations Fee. 10 3.1.4 Additional Managed Care Payments. . . . . . . . . . . . . . . . 11
Operations Fee. Subject to Section 5.1, within thirty (30) days after Cybercash certifies to First USA in writing that the AW Connector has been installed at the site of * and * has been enabled to spawn First USA Wallets, First USA shall pay Cybercash an operations fee of * in consideration for Cybercash's providing and installing the First USA Wallet, maintaining the gateway, providing technical support and training, processing transactions for *, and installing upgrades to the First USA Wallet if and when they become available.
Operations Fee. Monthly Operations Fee which shall consist of the following (a) $184 per Bicycle per month in connection with Motivate's performance of the Work for the previous month of operation (such Operations Fee to be calculated by multiplying $184.00 by the number of Bicycles in operation during such month as well as a pro rata portion of any incomplete month for the first month of operation of the System) and (b) $350.00 for each Bicycle wrap completed at the request of the Title Sponsor during the previous month of operation.
Operations Fee. Two Hundred Dollars ($200.) for each game in which the System is used successfully to produce the required Data Products, and Two Hundred Dollars ($200.) per day in which the System is used successfully to produce the required Data Products in a non-game context; provided that, in each case, such amounts shall be payable
