Payment of Third Party Costs Sample Clauses

Payment of Third Party Costs. Within ten (10) days of the submittal by Authority staff of copies of invoices or xxxxxxxx for Third Party Costs incurred, it is and shall be the obligation of Developer to reimburse and pay to Authority one hundred percent (100%) of these Third Party Costs, unless Developer reasonably contests such Third Party Costs. (a) This reimbursement obligation shall bear interest from the date occurring ten (10) days after Authority gives written demand to Developer at the rate of ten percent (10%), or the maximum rate then permitted by law. (b) This reimbursement obligation shall survive the issuance of the final Release of Construction Covenants for Phase I and termination of this Agreement.
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Payment of Third Party Costs. Within ten (10) days of the submittal by Authority staff of copies of invoices or xxxxxxxx for Third Party Costs incurred, it is and shall be the obligation of Developer to reimburse and pay to Authority one hundred percent (100%) of these Third Party Costs. (a) This reimbursement obligation shall bear interest from the date occurring ten (10) days after Authority gives written demand to Developer at the rate of ten percent (10%), or the maximum rate then permitted by law. (b) This reimbursement obligation shall survive the issuance of the final Release of Construction Covenants for each Project, and termination of this Agreement. 716.3 Exception to Payment of Post-Date of Agreement Third Party Costs. Notwithstanding Section 716, 716.1, and 716.2 above, Developer shall not be responsible to pay and reimburse for Third Party Costs if the costs incurred are attributable to one or more of the following events: (a) City Council, Authority Board, Agency Board, Planning Commission, Zoning Administrator, or other City official with discretionary approval and/or disapproval rights over the Projects or the implementation of this Agreement disapproves, denies, or refuses to take action on an application for a permit or other discretionary application necessary to commence and complete the applicable Project; or (b) Default by Authority under this Agreement.
Sample 1
Payment of Third Party Costs. Within ten (10) days of the submittal by Authority staff of copies of invoices or xxxxxxxx for Third Party Costs incurred, it is and shall be the obligation of Developer to reimburse and pay to Authority one hundred percent (100%) of these Third Party Costs. (a) This reimbursement obligation shall bear interest from the date occurring ten (10) days after Authority gives written demand to Developer at the same rate as is provided in this Agreement for the Authority Loan Promissory Note, and shall be secured by the Authority Loan Deed of Trust. (b) This reimbursement obligation shall survive the cancellation of the Authority Loan Promissory Note, release and reconveyance of the Authority Loan Deed of Trust, issuance of the final Release of Construction Covenants, and termination of this Agreement.
Sample 1
Payment of Third Party Costs. Payment of all Third-Party Costs incurred as of the date of the execution of this Memorandum shall be payable as set forth in Section 5.1. above. Thereafter, following the enactment of the TIF legislation, Issuer shall use its best efforts to submit, or cause to be submitted, invoices to Developer on a monthly basis itemizing all such Third- Party Costs and describing the services rendered, the duration of each task, date of such task and hourly rate or fixed fee charged. Developer shall pay all such invoices within thirty (30) days of the date of the invoice. Any failure by Issuer to submit, or to cause to be submitted, to Developer one or more invoices on a regular basis shall not relieve Developer of its obligation hereunder to pay such invoice or invoices in accordance with Section 5.1. above, but payment shall not be made unless and until such invoice or invoices are submitted to Developer. It is acknowledged that when and if the TIF Bonds are issued, the Third-Party Costs will be paid from the proceeds of the TIF Bonds, to the extent permitted by the TIF Act and the Special Tax Act, the TIF Legislation, the documents executed and delivered in connection with the issuance of the TIF Bonds and federal tax principles (if applicable to the TIF Bonds). To the extent Developer has paid any Third-Party Costs prior to the issuance of the TIF Bonds, Developer will be reimbursed from the TIF Bond proceeds for such Third-Party Costs to the extent permitted by the TIF Act and the Special Tax Act, the TIF Legislation, the documents executed and delivered in connection with the issuance of the TIF Bonds and federal tax principles (if applicable to the TIF Bonds).
Sample 1
Payment of Third Party Costs. 85 7.16.3 Exception to Payment of Post-Effective Date Third Party Costs 85 7.17. Modifications 86 7.18. Severability 86 7.19. Computation of Time 86 7.20. Legal Advice 86 7.21. Cooperation 86 7.22. Conflicts of Interest 86 7.23. No Third Party Beneficiaries Except for City 86 ATTACHMENT NO. 2 - Narrative Description of Avon Dakota Neighborhood ATTACHMENT NO. 3 - Depiction of Project ATTACHMENT NO. 4 - Legal Description of Phase II ATTACHMENT NO. 5 - Schedule of Performance ATTACHMENT NO. 6 - Scope of Development ATTACHMENT NO. 7 - Form of Ground Lease ATTACHMENT NO. 8 - Form of Authority Promissory Note ATTACHMENT NO. 9 - Form of Authority Deed of Trust ATTACHMENT NO. 10 - Form of Regulatory Agreement ATTACHMENT NO. 11 - Form of Completion Guaranty ATTACHMENT NO. 12 - Form of Notice of Affordability Restrictions ATTACHMENT NO. 13 - Form of Request for Notice ATTACHMENT NO. 14 - Form of Release of Construction Covenants ATTACHMENT NO. 15 - List of Environmental Reports ATTACHMENT NO. 16 - Preliminary Financing Plan ATTACHMENT NO. 17 - Form of Operating Budget ATTACHMENT NO. 18 - Form of Residual Receipts Report ATTACHMENT NO. 19 - Scope of Social and Supportive Services This AFFORDABLE HOUSING AGREEMENT (Avon Dakota Neighborhood – Phase II) (“Agreement”), dated for purposes of identification only as of June , 2017, is entered into by and among ANAHEIM HOUSING AUTHORITY, a public body, corporate and politic (“Authority”), and AVON DAKOTA HOUSING PARTNERS II, L.P., a California limited partnership (“Developer”).
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Payment of Third Party Costs. Within ten (10) calendar days ofthe submittal by City staff of copies of invoices or xxxxxxxx for Third Party Costs incurred, it is and shall be the obligation of Developer to reimburse and pay to City one hundred percent (I 00%) of these
Sample 1

Related to Payment of Third Party Costs

  • Third Party Costs Except to the extent expressly provided herein to the contrary, all third party costs incurred in connection with actions to be taken by the Company shall solely be the responsibility of the Company, including, but not limited to, all legal, auditing, accounting, underwriting, brokerage, investor communications, and listing, reporting and registration fees or other costs of the SEC, any state or local governments, any national securities exchange and the Financial Industry Regulatory Authority, Inc.

  • Settlement of Third Party Claims Notwithstanding any other provision of this Agreement, the Indemnifying Party shall not enter into settlement of any Third Party Claim without the prior written consent of the Indemnified Party, except as provided in this Section 8.05(b). If a firm offer is made to settle a Third Party Claim without leading to liability or the creation of a financial or other obligation on the part of the Indemnified Party and provides, in customary form, for the unconditional release of each Indemnified Party from all liabilities and obligations in connection with such Third Party Claim and the Indemnifying Party desires to accept and agree to such offer, the Indemnifying Party shall give written notice to that effect to the Indemnified Party. If the Indemnified Party fails to consent to such firm offer within ten days after its receipt of such notice, the Indemnified Party may continue to contest or defend such Third Party Claim and in such event, the maximum liability of the Indemnifying Party as to such Third Party Claim shall not exceed the amount of such settlement offer. If the Indemnified Party fails to consent to such firm offer and also fails to assume defense of such Third Party Claim, the Indemnifying Party may settle the Third Party Claim upon the terms set forth in such firm offer to settle such Third Party Claim. If the Indemnified Party has assumed the defense pursuant to Section 8.05(a), it shall not agree to any settlement without the written consent of the Indemnifying Party (which consent shall not be unreasonably withheld or delayed).

  • Third-Party Charges Customer may incur charges from third party service providers that are separate and apart from the amounts charged by Comcast. These may include, without limitation, charges resulting from accessing on-line services, calls to parties who charge for their telephone based services, purchasing or subscribing to other offerings via the Internet or interactive options on Public View Video, Video, or otherwise. Customer agrees that all such charges, including all applicable taxes, are Customer’s sole responsibility. In addition, Customer is solely responsible for protecting the security of credit card information provided to others in connection with such transactions.

  • Third Party Fees In addition to the Fees, your External Account may impose fees in connection with your use of your designated External Account via the Services. Any fees imposed by your External Account provider will not be reflected on the transaction screens containing information regarding applicable Fees. You are solely responsible for paying any fees imposed by an External Account provider.

  • Third Party Payments (a) Subject to Section 6.4.4(c), the Applicable Commercialization Party shall be entitled to credit against the royalties due to the other Party on Net Sales of a Licensed Product in a country an amount equal to [**] percent ([**]%) of all upfront payments, milestone payments, royalties, and other amounts paid by the Applicable Commercialization Party, its Affiliates or Sublicensees to Third Parties with respect to license rights to Third Party intellectual property licensed by the Applicable Commercialization Party, its Affiliates or Sublicensees from the applicable Third Party that the Applicable Commercialization Party reasonably believes are necessary for the Development, Manufacture, or Commercialization of such Licensed Product in such country; provided, however, that, to the extent that any such Third Party license includes a license to Third Party intellectual property that is applicable to products being or to be developed or commercialized by the Applicable Commercialization Party or its Affiliates other than such Licensed Product in such country, then the Applicable Commercialization Party shall reasonably allocate all upfront payments, milestone payments and other non-royalty amounts between the Licensed Product and such other products, and the Applicable Commercialization Party shall only be entitled to credit against the royalties due to the other Party hereunder on Net Sales of such Licensed Product [**] percent ([**]%) of the amounts that are reasonably allocable to the Licensed Product. In addition, the Applicable Commercialization Party shall be entitled to credit against the royalties due to the other Party hereunder defense costs in accordance with Section 8.4. (b) In the event a Party enters into any Third Party intellectual property license necessary for the Development, Manufacture, or Commercialization of a Licensed Product in a country in the other Party’s part of the Territory after the Restatement Date (EPIZYME represents and warrants to EISAI that EPIZYME is not a party to any such relevant Third Party licenses as of the Restatement Date), under which such Party is entitled to grant a sublicense to the other Party, the other Party will have the right to obtain such sublicense from such sublicensor Party; provided that, if such other Party elects to obtain such sublicense, such other Party shall pay [**] percent ([**]%) of the amounts payable to the Third Party on account of such sublicense (either directly to the Third Party licensor or to the sublicensor Party, as the Parties shall reasonably agree with the goal of ensuring timely payment to the Third Party) and such other Party shall be entitled to credit against the royalties due to the sublicensor Party on Net Sales of such Licensed Product in such country in an amount equal to [**] percent ([**]%) of the amounts paid by such other Party (either directly or indirectly through the sublicensor Party) to such Third Party with respect to such license rights for such Licensed Product in such country. (c) If any amount is or becomes payable to UNC under the UNC License Agreement (or under any other agreement entered into by EPIZYME or any Affiliate and UNC with respect to the intellectual property that is the subject of the UNC License Agreement) with respect to the Development, Manufacture, or Commercialization of a Licensed Product in any country in the world, EPIZYME shall be solely responsible for and shall pay all such amounts, and no such amounts shall be creditable against any royalties payable to EISAI hereunder.

  • Sublicense Fees Licensee will pay Sublicense Fees indicated in Section 3.1(e) of the Patent & Technology License Agreement on or before the Quarterly Payment Deadline for the Contract Quarter.

  • Third Party Royalties (i) In the event that Amgen, its Affiliates or Sublicensee obtains a license under Patents of a Third Party in any country that Amgen or its Affiliate, on the advice of patent counsel, determines, in the absence of a license thereunder could be considered to be infringed by the manufacture, use, sale, offer for sale or import of the Compound contained in a Product sold by Amgen (or its Affiliate or Sublicensee) in such country (in each case, a “Necessary Third Party License”), then Amgen may deduct […***…]% of the royalties actually paid to such Third Party under such Necessary Third Party License with respect to sales of such Product in such country from the royalty payments owed to Xencor pursuant to Section 6.7 with respect to Net Sales of such Product in such country, provided that the royalties payable to Xencor with respect to such Product in such country may not be reduced by more than […***…]% in any calendar quarter as a result of any and all such offsets in the aggregate. (ii) In the event that Amgen, its Affiliates or Sublicensee obtains a license (other than a Necessary Third Party License) under Patents of a Third Party in any country that Amgen or its Affiliate determines are necessary or reasonably useful to Develop, make, use, sell, offer for sale or import a Compound or Product sold by Amgen (or its Affiliate or Sublicensee) in such country (in each case, a “Useful Third Party License”), then Amgen may deduct […***…]% of the […***…] actually paid to such Third Party under such Useful Third Party License with respect to sales of such Product in such country from the royalty payments owed to Xencor pursuant to Section 6.7 with respect to Net Sales of such Product in such country, provided that the royalties payable to Xencor with respect to such Product in such country may not be reduced by more than […***…]% in any calendar quarter as a result of any and all such offsets in the aggregate. (iii) For the avoidance of doubt, subject to the foregoing, it is understood that a Party shall be solely responsible for payment of any and all royalties and other amounts owed by such Party under its license or other agreements with Third Parties that were entered into prior to the Effective Date; provided, however, that Amgen shall be responsible for payment of all payments that become due after the Option Exercise Date under the Catalent Agreement (defined in Section 10.2(b)) as a result of the Development, manufacture, use, sale, offer for sale or import of any Product by or on behalf of Amgen or any of its Affiliates or Sublicensees.

  • Third Party Contractors Tenant shall obtain and deliver to Landlord, Third Party Contractor’s certificates of insurance and applicable endorsements at least seven (7) business days prior to the commencement of work in or about the Premises by any vendor or any other third-party contractor (collectively, a “Third Party Contractor”). All such insurance shall (a) name Landlord as an additional insured under such party’s liability policies as required by Section 10.3.1 above and this Section 10.6, (b) provide a waiver of subrogation in favor of Landlord under such Third Party Contractor’s commercial general liability insurance, (c) be primary and any insurance carried by Landlord shall be excess and non-contributing, and (d) comply with Landlord’s minimum insurance requirements.

  • 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:

  • Patent Expenses Unless agreed otherwise, the Party filing a Patent Application will pay all preparation and filing expenses, prosecution fees, issuance fees, post issuance fees, patent maintenance fees, annuities, interference expenses, and attorneys’ fees for that Patent Application and any resulting Patent(s). If a license to any CRADA Subject Invention is granted to Collaborator, then Collaborator will be responsible for all expenses and fees, past and future, in connection with the preparation, filing, prosecution, and maintenance of any Patent Applications and Patents claiming exclusively licensed CRADA Subject Inventions and will be responsible for a pro-rated share, divided equally among all licensees, of those expenses and fees for non-exclusively licensed CRADA Subject Inventions. Collaborator may waive its exclusive option rights at any time, and incur no subsequent financial obligation for those Patent Application(s) or Patent(s).

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