Common use of Payment and Taxes Clause in Contracts

Payment and Taxes. 3.1 The initial Payment Period for each Transaction shall begin on the first day of the month following the Commencement Date. Xxxxxx agrees to pay Rent on the due dates and in the amounts specified in the Schedule, and to pay such other Payments as they may become due and payable as specified in the Schedule or hereunder. Lessee will pay as instructed by Lessor in the Schedule or on the invoice. If any Payment is due on a non-Business Day, then such Payment shall become due and payable on the next Business Day. . 3.2 For any Payment not paid in full by its due date, Xxxxxx also agrees to pay a fee in an amount equal to one percent (1%) per month of the unpaid Payment or any part thereof that remains unpaid (“Unpaid Amount”) from the due date until the actual date such Unpaid Amount is paid in full, subject to maximum limitations by applicable law (the “Late Payment Fee”). 3.3 Upon the Commencement Date, Xxxxxx agrees that Xxxxxx’s obligations under the Agreement become irrevocable independent of acceptance of the Product, and Xxxxxx’s obligation to make all Payments when due, in full, becomes absolute and unconditional, without set off, counterclaim, withholding, deduction, or defense of any kind, and irrespective of errors or deficiencies in or the performance or the quality of the Products, or the performance by the Supplier or any other third party under any other agreement with Lessee. It is further expressly agreed, varying article 1724 of the Civil Code that the Lessee may not demand any discount whatsoever on the Rent, even if a Product has been out of operation for more than forty (40) days. If the Agreement is terminated by reason of a judicial decision consequent upon the cancellation of the Supplier Agreement mentioned in the Schedule, the Lessee shall be liable for cancellation compensation calculated in accordance with the provisions of Section 19.1 "Remedies" (a and e). 3.4 Payments received by Lessor will be applied in the following order: first to Late Payment Fees, second to overdue Rent, and third to other Payments. 3.5 If any authority imposes upon any transaction under this Agreement a duty, tax, levy, or fee, excluding those based on Xxxxxx’s net income, then Xxxxxx agrees to pay that amount as specified in an invoice, unless Xxxxxx supplies exemption documentation.

Payment and Taxes. 3.1 The initial Payment Period for (a) USWeb/CKS shall pay monthly fees to OneSoft as such fees accrue with respect to each Transaction shall begin on the first day of the month following the Commencement Date. Xxxxxx agrees to pay Rent on the due dates and in the amounts specified in the ScheduleThird Party Customer, and to pay such other Payments as they may become due and payable as specified in the Schedule or hereunder. Lessee will pay as instructed by Lessor in the Schedule or on the invoice. If any Payment is due on a non-Business Day, then such Payment shall become due and payable on the next Business Day. . 3.2 For any Payment not paid in full by its due date, Xxxxxx also agrees to pay a fee in an amount equal to one percent (1%) per month of the unpaid Payment or any part thereof that remains unpaid (“Unpaid Amount”) from the due date until the actual date such Unpaid Amount is paid in full, subject to maximum limitations by applicable law (the “Late Payment Fee”). 3.3 Upon the Commencement Date, Xxxxxx agrees that Xxxxxx’s obligations under the Agreement become irrevocable independent of acceptance of the Product, and Xxxxxx’s obligation to make all Payments when due, in full, becomes absolute and unconditional, without set off, counterclaim, withholding, deduction, or defense of any kind, and irrespective of errors or deficiencies in or the performance or the quality of the Products, or the performance by the Supplier or any other third party under any other agreement with Lessee. It is further expressly agreed, varying article 1724 of the Civil Code that the Lessee may not demand any discount whatsoever on the Rent, even if a Product has been out of operation for more than forty (40) days. If the Agreement is terminated by reason of a judicial decision consequent upon the cancellation of the Supplier Agreement mentioned in the Schedule, the Lessee shall be liable for cancellation compensation calculated in accordance with the provisions of Schedule 4(a). (There will be no charge accrued with respect to a new Third Party Customer before the earlier of the first use under Section 19.1 "Remedies" (4(c)(i) or 30 calendar days after the first use under Section 4(c)(ii). The initial partial month, if any, shall be subject to prorated charges.) Within 15 calendar days after the end of each calendar month, USWeb/CKS shall provide to OneSoft a report detailing licensing and e)use of the Software under this Agreement, in accordance with the provisions of Schedule 5. USWeb/CKS shall also provide other reports in accordance with the provisions of Schedule 5. 3.4 Payments received (b) Not later than ** calendar days after the end of a calendar month, USWeb/CKS shall pay the amount of fees due to OneSoft as accrued during such calendar month under the provisions of Section 5(a). OneSoft shall not be required to invoice such fees. (c) Except as set forth in this Agreement or otherwise agreed by Lessor will the Parties, invoices shall be applied issued upon or after delivery of the products or services to which they relate. Invoices shall be due and payable in United States currency upon receipt by USWeb/CKS. Payment shall be past due ***** days after the delivery of the invoice to USWeb/CKS. (d) Overdue amounts shall be subject to a finance charge of **** percent (**%) for each month or fraction thereof that the invoice is overdue, or the highest interest rate permitted by applicable law, whichever is less. OneSoft shall be entitled to reimbursement for its reasonable collection costs in the following order: first to Late Payment Feesevent of late payment or nonpayment, second to overdue Rentincluding reasonable attorneys' fees. CONFIDENTIAL - DO NOT DUPLICATE (e) All fees, prices and third to other Payments. 3.5 If any authority imposes upon any transaction charges under this Agreement a dutyare exclusive of any federal, taxstate, levymunicipal, value-added, foreign withholding or other governmental taxes, duties, fees, excises, or feetariffs now or hereafter imported on the production, excluding those based storage, licensing, sale, transportation, import, expect or use of the Software or any improvements, alterations, or amendments to the Software. USWeb/CKS shall be responsible for, and if necessary reimburse, OneSoft for all such taxes, duties, fees, excises, or tariffs, except for taxes imposed on Xxxxxx’s OneSoft's corporate net income, then Xxxxxx agrees to pay that amount as specified in an invoice, unless Xxxxxx supplies exemption documentation.

Payment and Taxes. 3.1 The initial Payment Period Unless otherwise agreed to in writing by Appeon or Reseller, payment for each Transaction all perpetual licenses must be received in full prior to the delivery of Your Order and payment for all subscription fees (e.g. fees for non-perpetual licenses and Support) shall begin on be paid annually in advance. If You have purchased a subscription-based (non-perpetual) license to the first day Program and wish to continue Using the Program beyond the Subscription Term, You must place a renewal Order prior to the expiration of such Subscription Term; once Your Subscription Term has expired Your access to and Use of the month following Programs will cease. If You have purchased a perpetual license to the Commencement Date. Xxxxxx agrees Program and wish to pay Rent on continue receiving Updates or Support beyond the due dates and in Subscription Term, You must place a renewal Order prior to the amounts specified in expiration of such Subscription Term; if Your Subscription Term has expired for a period greater than six (6) months You will not be eligible to reinstate Support for the Scheduleapplicable licenses, and should You wish to pay such other Payments as they may become due and payable as specified in receive Updates for the Schedule or hereunder. Lessee applicable licenses You will pay as instructed by Lessor in the Schedule or on the invoice. If any Payment is due on a non-Business Day, then such Payment shall become due and payable on the next Business Day. be required to purchase new licenses. 3.2 For any Payment not paid Unless otherwise agreed to in full writing by its Appeon or Reseller, You shall pay all invoices issued by Appeon or Reseller, in United States currency, within thirty (30) days of Your Order. You will reimburse Appeon or Reseller for all reasonable costs incurred (including reasonable attorneys' fees) in collecting past due date, Xxxxxx also agrees to pay a fee in an amount equal to one percent (1%) per month of the unpaid Payment or any part thereof that remains unpaid (“Unpaid Amount”) from the due date until the actual date such Unpaid Amount is paid in full, subject to maximum limitations by applicable law (the “Late Payment Fee”)amounts. 3.3 Upon the Commencement DateYou shall be responsible for and agree to pay all applicable sales or use, Xxxxxx agrees that Xxxxxx’s obligations under the Agreement become irrevocable independent of acceptance of the Productgoods and services, value added, consumption or other similar fees, duties or taxes imposed by any government (other than Appeon's income and Xxxxxx’s obligation corporate franchise taxes). If You are required to make all Payments when duepay any withholding tax, in full, becomes absolute and unconditional, without set off, counterclaim, withholding, deductioncharge, or defense levy from any payments due to Appeon hereunder, You agree to gross up payments actually made to Appeon such that Appeon receives the amount due hereunder in full and free of any kinddeduction for any such withholding tax, and irrespective of errors or deficiencies in or the performance or the quality of the Productscharge, or the performance by the Supplier levy. Where applicable law requires You to self-assess or reverse- charge any other third party under any other agreement with Lessee. It is further expressly agreedtaxes, varying article 1724 of the Civil Code that the Lessee may not demand any discount whatsoever on the Rent, even if a Product has been out of operation for more than forty (40) days. If the Agreement is terminated by reason of a judicial decision consequent upon the cancellation of the Supplier Agreement mentioned in the Schedule, the Lessee You shall be liable responsible for cancellation compensation calculated in accordance complying with the provisions of Section 19.1 "Remedies" (a and e)such law. 3.4 Payments received by Lessor will be applied in the following order: first to Late Payment Fees, second to overdue Rent, and third to other Payments. 3.5 If any authority imposes upon any transaction under this Agreement a duty, tax, levy, or fee, excluding those based on Xxxxxx’s net income, then Xxxxxx agrees to pay that amount as specified in an invoice, unless Xxxxxx supplies exemption documentation.

Payment and Taxes. 3.1 The initial Payment Period for each Transaction shall begin on the first day of the month following the Commencement Date. Xxxxxx Lessee agrees to pay Rent on the due dates and in the amounts specified in the Schedule, and to pay such other Payments as they may become due and payable as specified in the Schedule or hereunder. Lessee will pay as instructed by Lessor in the Schedule or on the invoice. If any Payment is due on a non-Business Day, then such Payment shall become due and payable on the next Business Day. . 3.2 For any Payment not paid in full by its due date, Xxxxxx Lessee also agrees to pay a fee in an amount equal to one percent (1%) per month of the unpaid Payment or any part thereof that remains unpaid (“Unpaid Amount”) from the due date until the actual date such Unpaid Amount is paid in full, subject to maximum limitations by applicable law (the “Late Payment Fee”). 3.3 Upon the Commencement Date, Xxxxxx Lessee agrees that XxxxxxLessee’s obligations under the Agreement become irrevocable independent of acceptance of the Product, and XxxxxxLessee’s obligation to make all Payments when due, in full, becomes absolute and unconditional, without set off, counterclaim, withholding, deduction, or defense of any kind, and irrespective of errors or deficiencies in or the performance or the quality of the Products, or the performance by the Supplier or any other third party under any other agreement with Lessee. It is further expressly agreed, varying article 1724 of the Civil Code that the Lessee may not demand any discount whatsoever on the Rent, even if a Product has been out of operation for more than forty (40) days. If the Agreement is terminated by reason of a judicial decision consequent upon the cancellation of the Supplier Agreement mentioned in the Schedule, the Lessee shall be liable for cancellation compensation calculated in accordance with the provisions of Section 19.1 "RemediesRemedies " (a and e). 3.4 Payments received by Lessor will be applied in the following order: first to Late Payment Fees, second to overdue Rent, and third to other Payments. 3.5 If any authority imposes upon any transaction under this Agreement a duty, tax, levy, or fee, excluding those based on XxxxxxLessor’s net income, then Xxxxxx Lessee agrees to pay that amount as specified in an invoice, unless Xxxxxx Lessee supplies exemption documentation.

Payment and Taxes. 3.1 The initial Payment Period Unless otherwise agreed to in writing by Appeon or Reseller, payment for each Transaction all perpetual licenses must be received in full prior to the delivery of Your Order and payment for all subscription fees (e.g. fees for non-perpetual licenses and Support) shall begin on be paid annually in advance. If You have purchased a subscription-based (non-perpetual) license to the first day Program and wish to continue Using the Program beyond the Subscription Term, You must place a renewal Order prior to the expiration of such Subscription Term; once Your Subscription Term has expired Your access to and Use of the month following Programs will cease. If You have purchased a perpetual license to the Commencement Date. Xxxxxx agrees Program and wish to pay Rent on continue receiving Updates or Support beyond the due dates and in Subscription Term, You must place a renewal Order prior to the amounts specified in expiration of such Subscription Term; once Your Subscription Term has expired for more than six (6) months You will not be eligible to reinstate Support for the Scheduleapplicable licenses, and should You wish to pay such other Payments as they may become due and payable as specified in receive Updates for the Schedule or hereunder. Lessee applicable licenses You will pay as instructed by Lessor in the Schedule or on the invoice. If any Payment is due on a non-Business Day, then such Payment shall become due and payable on the next Business Day. be required to purchase new licenses. 3.2 For any Payment not paid Unless otherwise agreed to in full writing by its Appeon or Reseller, You shall pay all invoices issued by Appeon or Reseller, in United States currency, within thirty (30) days of Your Order. You will reimburse Appeon or Reseller for all reasonable costs incurred (including reasonable attorneys' fees) in collecting past due date, Xxxxxx also agrees to pay a fee in an amount equal to one percent (1%) per month of the unpaid Payment or any part thereof that remains unpaid (“Unpaid Amount”) from the due date until the actual date such Unpaid Amount is paid in full, subject to maximum limitations by applicable law (the “Late Payment Fee”)amounts. 3.3 Upon the Commencement DateYou shall be responsible for and agree to pay all applicable sales or use, Xxxxxx agrees that Xxxxxx’s obligations under the Agreement become irrevocable independent of acceptance of the Productgoods and services, value added, consumption or other similar fees, duties or taxes imposed by any government (other than Appeon's income and Xxxxxx’s obligation corporate franchise taxes). If You are required to make all Payments when duepay any withholding tax, in full, becomes absolute and unconditional, without set off, counterclaim, withholding, deductioncharge, or defense levy from any payments due to Appeon hereunder, You agree to gross up payments actually made to Appeon such that Appeon receives the amount due hereunder in full and free of any kinddeduction for any such withholding tax, and irrespective of errors or deficiencies in or the performance or the quality of the Productscharge, or the performance by the Supplier levy. Where applicable law requires You to self-assess or reverse- charge any other third party under any other agreement with Lessee. It is further expressly agreedtaxes, varying article 1724 of the Civil Code that the Lessee may not demand any discount whatsoever on the Rent, even if a Product has been out of operation for more than forty (40) days. If the Agreement is terminated by reason of a judicial decision consequent upon the cancellation of the Supplier Agreement mentioned in the Schedule, the Lessee You shall be liable responsible for cancellation compensation calculated in accordance complying with the provisions of Section 19.1 "Remedies" (a and e)such law. 3.4 Payments received by Lessor will be applied in the following order: first to Late Payment Fees, second to overdue Rent, and third to other Payments. 3.5 If any authority imposes upon any transaction under this Agreement a duty, tax, levy, or fee, excluding those based on Xxxxxx’s net income, then Xxxxxx agrees to pay that amount as specified in an invoice, unless Xxxxxx supplies exemption documentation.

Payment and Taxes. 3.1 6.1 Seller shall remain exclusive owner of the Aircraft until Delivery Time. Until Delivery Time, Buyer shall keep the Aircraft free and clear of all Liens except for Liens created by or through Seller or by persons claiming by or through Seller. 6.2 Buyer shall make all payments due under this Agreement by wire transfer in US dollars from an account in the name of Buyer. Buyer shall pay interest on any late payment. Any interest payable by a party as set forth in this Agreement shall be paid, apportioned and not compounded, at the rate equal to the one year LIBOR rate (as published in the “Money Rates” section of The initial Payment Period for each Transaction shall begin Wall Street Journal), as selected on the first last day of each month for the month following period during which such interest is payable, for the Commencement Date. Xxxxxx agrees to pay Rent period commencing on the date the late payment was first due dates until payment is received (the “Interest”). Notwithstanding anything to the contrary hereunder, Xxxxx and Seller acknowledge and agree that all property rights in the amounts payments made under this Agreement, including the payments specified under Articles 2.1 and 3, shall automatically and irrevocably vest with the Seller upon receipt. Without limiting any rights of Seller, in the Schedule, and to pay such other Payments as they may become due and payable as specified event that Seller does not receive any payment provided for in Article 2 or Article 3 within 10 days of the Schedule or hereunder. Lessee will pay as instructed by Lessor in the Schedule or on the invoice. If any Payment is due on a non-Business Day, then such Payment shall become due and payable on the next Business Day. . 3.2 For any Payment not paid in full by its due date, Xxxxxx also agrees then Seller shall automatically be relieved of its obligation to pay a fee in an amount equal present to one percent (1%) per month Buyer the Aircraft ready for the commencement of the unpaid Payment or any part thereof that remains unpaid (“Unpaid Amount”) from Delivery Process within the due date until the actual date such Unpaid Amount is paid in full, subject to maximum limitations by applicable law (the “Late Payment Fee”). 3.3 Upon the Commencement Date, Xxxxxx agrees that Xxxxxx’s obligations under the Agreement become irrevocable independent of acceptance of the Product, and Xxxxxx’s obligation to make all Payments when due, in full, becomes absolute and unconditional, without set off, counterclaim, withholding, deduction, or defense of any kind, and irrespective of errors or deficiencies in or the performance or the quality of the Products, or the performance by the Supplier or any other third party under any other agreement with Lessee. It is further expressly agreed, varying article 1724 of the Civil Code that the Lessee may not demand any discount whatsoever on the Rent, even if a Product has been out of operation for more than forty (40) days. If the Agreement is terminated by reason of a judicial decision consequent upon the cancellation of the Supplier Agreement mentioned in the Schedule, the Lessee shall be liable for cancellation compensation calculated Scheduled Presentation Date in accordance with Article 2.2. Upon Seller’s receipt of all payments then owed under Article 2 or Article 3 for the provisions Aircraft (together with Interest thereon due under this Article 6.2) and provided Seller has not exercised any of Section 19.1 "Remedies" (its rights of termination under Article 9, Seller shall inform Buyer by written notice of a and e)new Scheduled Presentation Date for the Aircraft as determined by Seller, in its sole discretion. Such Seller’s written notice shall be deemed an amendment to this Agreement to incorporate the new Scheduled Presentation Date. 3.4 Payments received by Lessor will 6.3 Buyer shall be applied in responsible for the following order: first to Late Payment Feespayment of any sales, second to overdue Rentuse, personal property, excise, goods and third to services, value added, consumption, luxury, withholding or other Payments. 3.5 If similar taxes, duties or assessments and any authority imposes upon any transaction under this Agreement a dutyrelated penalties and interest which may be levied, tax, levyassessed, or fee, excluding those based on Xxxxxx’s net income, then Xxxxxx agrees to pay that amount imposed by any governmental authority or agency as specified a result of or in an invoice, unless Xxxxxx supplies exemption documentationconnection with this Agreement.

Payment and Taxes. 3.1 The initial Payment Period for each Transaction (a) In consideration of the performance of the Services hereunder, NTN shall begin pay to Datatec fees, charges and expenses as set forth in the Schedule. Installation-De-installation Services as set forth on the first Schedule, shall be invoiced upon completion of such Services and be on net/30 terms. Maintenance Services as set forth on the Schedule shall be invoiced as follows: Not later than the fifteenth day of each month during the month following term of this Agreement, NTN shall advise Datatec in writing as to the Commencement Date. Xxxxxx agrees number of Sites to pay Rent be maintained by Datatec during the next succeeding month, which number shall be based on the due dates number of Sites operating at the time such advice is sent to Datatec. Datatec shall invoice NTN in advance based on the said number of Sites and in the amounts specified applicable maintenance charges set forth in the Schedule, and to pay such other Payments as they may become invoiced amounts shall be on net/30 terms from the date of said invoice, which invoice shall be dated not earlier than the 30/th/ day of the month next preceding the month for which services are being billed. All amounts due and hereunder shall be payable as specified in the Schedule or hereunder. Lessee will pay as instructed by Lessor in the Schedule or on the invoice. If any Payment is due on a non-Business Day, then such Payment shall become due and payable on the next Business Day. . 3.2 For any Payment not paid in full by its due date, Xxxxxx also agrees to pay a fee NTN in an amount equal to United States currency without set-off or deduction for any reason. Interest on late payments will be assessed at the rate of one percent (1%) percent per month month, or the maximum permitted by law, whichever is less. In addition to such amounts, NTN agrees to pay or reimburse Datatec for all applicable taxes not based on Datatec's net income or net worth, including but not limited to sales, use, privilege and property taxes, or any amounts levied in lieu thereof, based on any fees or charges payable on Services provided hereunder or otherwise arising out of or in connection with this Agreement, whether such taxes are now or hereafter imposed by any federal, state, local or other taxing authority. (b) Notwithstanding anything in this Agreement to the contrary, in the event that as a result of a change in the technology and/or method of distribution employed by NTN in connection with the Equipment and/or Sites that increases or decreases the cost to Datatec of performing the Services, the parties shall negotiate in good faith an adjustment to the fees set forth in the Schedule. If the parties are unable to agree on an adjustment within thirty (30) days after either party has requested same, then, notwithstanding anything in this Agreement to the contrary, either party may terminate this Agreement on thirty (30) days notice to the other; provided, however, that in the event of such termination within eighteen (18) months of the unpaid Payment or any part thereof that remains unpaid date hereof, NTN shall be obligated to pay Datatec the early termination payment provided in Section 2(b) hereof, and in the event of such termination thereafter during the initial term of this Agreement, NTN shall be obligated to pay Datatec one-half (“Unpaid Amount”1/2) from of the due date until the actual date such Unpaid Amount is paid in full, subject to maximum limitations by applicable law (the “Late Payment Fee”)said early termination payment. 3.3 (c) Upon the Commencement Date, Xxxxxx agrees that Xxxxxx’s obligations under the Agreement become irrevocable independent of acceptance of the ProductAgreement, NTN shall pay Datatec, as an advance payment (the "Advance Payment") for Services to be performed by Datatec hereunder, the sum of $150,000.00. Datatec shall apply the Advance Payment to amounts billed by Datatec to NTN from and Xxxxxx’s after November 1, 1998, or, in the event that prior to such date NTN is more than 45 days delinquent in the payment of any amounts due to Datatec under this Agreement, Datatec shall have the right, but not the obligation to make all Payments when due, in full, becomes absolute and unconditional, without set off, counterclaim, withholding, deduction, or defense of any kind, and irrespective of errors or deficiencies in or apply the performance or the quality of the ProductsAdvance Payment, or the performance by applicable portion thereof, to said overdue amount. Datatec shall credit to NTN interest on the Supplier or any other third party under any other agreement with Lessee. It is further expressly agreed, varying article 1724 unused portion of the Civil Code that Advance Payment at the Lessee may not demand any discount whatsoever on rate of six (6%) percent per annum, computed as if the Rentyear consisted of 360 days, even if a Product has been out of operation for more than forty (40) days. If until the Agreement Advance Payment is terminated by reason of a judicial decision consequent upon the cancellation of the Supplier Agreement mentioned in the Schedule, the Lessee shall be liable for cancellation compensation calculated applied in accordance with the provisions of Section 19.1 "Remedies" (a and e). 3.4 Payments received by Lessor will this Agreement. Said interest shall also be applied applied, in the following order: first manner provided above, against amounts billed by Datatec to Late Payment Fees, second to overdue Rent, and third to other PaymentsNTN. 3.5 If any authority imposes upon any transaction under this Agreement a duty, tax, levy, or fee, excluding those based on Xxxxxx’s net income, then Xxxxxx agrees to pay that amount as specified in an invoice, unless Xxxxxx supplies exemption documentation.