Payment Terms and Taxes. All fees payable to us are payable in the currency specified in the Order, or if no currency is specified, in United States Dollars, are due within 30 days from the invoice date and, except as otherwise expressly specified herein, are non-cancellable and non-refundable. We may charge you interest at a rate of 1.5% per month (or the highest rate permitted by law, if less) on all overdue payments. You agree to pay any sales, value-added or other similar taxes imposed by applicable law that we must pay on such fees, except those based on our income. Invoices may be issued by our Affiliate. If you and we agree that you will pay by credit card, you will provide us with valid and updated credit card information and you authorize us to store such information and bill such credit card for all fees applicable: (a) at the time that you order the Product and (b) at the time of any renewal or upgrade.
Payment Terms and Taxes a. Unless otherwise agreed between the Parties in writing, Service Fees for the Services will begin to accrue on the Billing Commencement Date. Equinix will invoice Customer for the Services on a monthly basis (partial months will be billed on a pro rata basis based on a thirty (30) day month) and Customer will pay for the Services in accordance with this Section 3. Customer will pay in full all invoices (excluding Disputed Amounts, subject to a pending dispute) from Equinix within thirty (30) days of the invoice. Any past due amounts owed (excluding Disputed Amounts, subject to a pending dispute() by Customer will accrue interest at the lesser of one and a half percent (1.5%) per month or the highest rate permitted by applicable law. Unless otherwise stated in the Order, all invoices will be paid in U.S. Dollars. Unless otherwise agreed to by the parties in writing, Equinix will invoice in advance each month for all recurring Services (except for the first partial month, if applicable, of recurring Services).
b. The Service Fees for Services ordered through SOWs will be listed on the SOWs. For Online Orders and Phone Orders, the Service Fees will be Equinix’s then-current list price for such Services, unless otherwise agreed to by the Parties in writing or in an Order Confirmation. Customer agrees to pay for each Service for the duration of the applicable Order. Notwithstanding anything in this Agreement to the contrary, upon sixty (60) days prior notice to Customer, Equinix may in its reasonable discretion change the rates and fees for any and all Services at any time(s) after twelve (12) months from the effective date of the applicable SOW for such Service, unless otherwise agreed to by the Parties in writing. For purposes of the prior sentence, in the case of each Online Order and Phone Order, the “applicable SOW” shall mean the SOW which contains the Licensed Space in which the Services ordered on such Online Order or Phone Order are installed.
c. Equinix is not responsible or in any way liable for any Taxes or third-party charges related to the activities, or the ownership or operation of the equipment (including Customer’s Equipment), of any of the following: Customer’s Authorized Persons, Accompanying Persons, and Associated Entities, at any IBX Center, or attributable to, any IBX Center. Without limiting the foregoing, Customer will be responsible for paying any and all Taxes separately imposed, levied or assessed against Customer by, and preparin...
Payment Terms and Taxes. 7.1 Licensee will pay license fees (the "License Fees") as set forth in Appendix B-1 to the applicable Product Schedule; provided, that if an ECO for a Licensee request attributable to Licensee's exercise of Licensee's own discretion (for example, by modifying Licensee's design rules or requesting additional library elements) with a fee increase shall have been accepted by Licensee, Licensee shall pay such amounts at such times as set forth therein. The foregoing provisions of this Section 7.1 shall not limit the provisions of Section 7.2.
7.2 Within [***] after the end of each calendar [***], Licensee further shall pay to Artisan Components the running royalties ("Royalties") set forth in Appendix B-1 to the Product Schedule with respect to Wafers invoiced by Licensee in such calendar [***], and shall submit to Artisan Components with such royalty payment a report stating (a) the number of Wafers invoiced during such calendar [***], (b) Royalties payable under the License Agreement for such calendar [***]; (c) data and supporting calculations used by Licensee to compute the Royalties payable; (d) any adjustments made by Licensee for the prior reporting period; (e) any [***] by Licensee [***] Royalties due during the calendar [***] for [***] received during the calendar [***]; and (f) other information as mutually determined by the parties. Such [***] taken pursuant to subsection (e) may only be [***] in the calendar year in which the [***] by Licensee, for which the [***] is [***], was made by Licensee, and in no event shall such [***] to Artisan Components in any such calendar year.
7.3 Licensee further shall pay to Artisan Components the technical support and maintenance fees as set forth in Appendix B-1 to the Product Schedule.
7.4 All invoices will be mailed to Licensee's address specified in the opening paragraph of this Master License Agreement, unless specified otherwise in the applicable Product Schedule or purchase order.
7.5 Any and all amounts payable under the License Agreement do not include any government taxes (including without limitation sales, use, excise, and value added taxes) or duties imposed by any governmental agency that are applicable to the export, import, or purchase of the Licensed Product(s) (other than taxes on the net income of Artisan Components), and Licensee shall bear all such taxes and duties. When Artisan Components has the legal obligation to collect and/or pay such taxes, the appropriate amount shall be added to Lic...
Payment Terms and Taxes. 8.1 All invoices will be mailed to Licensee's address specified in Section 20, unless specified otherwise by Licensee.
8.2 Within [*] days after the end of each calendar quarter, Licensee shall pay to MoSys the running royalties set forth in Section 7.3 and Appendix E with respect to the LICENSED INTEGRATED CIRCUITS manufactured and sold in such calendar quarter, and shall submit to MoSys with such royalty payment a report stating the number for each LICENSED INTEGRATED CIRCUIT manufactured and sold during such calendar quarter and the applicable running royalties payable hereunder for such calendar quarter; and all reasonably necessary data and supporting calculations used by Licensee and/or its SUBSIDIARIES to compute the running royalties payable by Licensee to MoSys with respect to such calendar quarter.
8.3 Any and all amounts payable hereunder do not include any government taxes (including without limitation sales, use, excise, and value added taxes) or duties imposed by any governmental agency that are applicable to the export, import, or purchase of the Products (other than taxes on the net income of MoSys), and Licensee shall bear all such taxes and duties. When MoSys has a current or subsequent legal obligation to collect and/or pay such taxes, the appropriate amount shall be added to Licensee's invoice and paid by Licensee, unless Licensee provides MoSys with a valid tax exemption certificate authorized by the appropriate taxing authority.
8.4 All payments by Licensee specified hereunder are expressed as net amounts and shall be made free and clear of, and without reduction for, any withholding taxes. Any such taxes which are otherwise imposed on payments to MoSys shall be the sole responsibility of Licensee. If any applicable law requires Licensee to withhold amounts from any payments to MoSys hereunder, (i) Licensee shall effect such withholding, remit such amounts to the appropriate taxing authorities and promptly furnish MoSys with tax receipts evidencing the payments of such amounts, and (ii) the sum payable by Licensee upon which the deduction or withholding is based shall be increased to the extent necessary to ensure that, after such deduction or withholding, MoSys receives and retains, free from liability for such deduction or withholding, a net amount equal to the amount MoSys would have received and retained in the absence of such required deduction or withholding. In the event that MoSys receives a reduction in tax due or rebate from...
Payment Terms and Taxes a. Company will invoice Client monthly in advance for all applicable fees for use of Company Facility and provision of Services as set forth in the applicable Order. Client will pay all invoiced amounts in US dollars within ten (10) calendar days of the date of the invoice. All payments must be (i) in US dollars into an ACH account number as set forth in the applicable Order; or (ii) to another account or form of payment directed by Company. Interest shall be charged on past due amounts at the lesser of (A) one and a half percent (1.5%) per month; or (B) the highest rate permitted by applicable law.
b. Client may, in good faith, dispute any invoice or any part thereof (a “Disputed Amount”) by submitting a written notice of such dispute along with reasonable supporting documentation within three (3) calendar days of the date of the initial invoice on which the Disputed Amount appears, failing which Client waives all rights to dispute such Disputed Amount and to file any claim. Company will review the Disputed Amount after its receipt of the relevant notice and if Company determines that Client was billed in error, a credit for the amount invoiced incorrectly will be made to the next invoice. If Company determines that the amount was invoiced correctly, Client will pay the amount by the due date of the next invoice. For clarity, Client shall promptly pay all undisputed amounts.
c. All amounts payable to Company under this Agreement exclude applicable taxes. Client is responsible for (i) taxes related to its activities and the ownership and operation of Client Equipment; and (ii) taxes imposed, levied or assessed thereon by any governmental or other authorities. If Client is required to make any deduction, withholding or payment for taxes in any jurisdiction on amounts payable to Company, such amounts will be increased such that after making such deduction, Company receives an amount equal to what it would have received if such deduction, withholding or payment had not been made.
Payment Terms and Taxes. (a) OneStream shall invoice for Service fees annually at the beginning of the Applicable Term. OneStream shall invoice for Professional Services upon the earlier of (i) completion of the Professional Services or (ii) monthly in arrears on the first day of the calendar month that follows the date during which the Professional Services are performed.
(b) All amounts under this Agreement that are not subject to a good faith dispute of which Customer has given OneStream written notice are due within 30 days after the date of the invoice. If Customer fails to timely pay any amount as required by this Agreement, Customer will pay to OneStream late fees at the lower of 1% per month or the highest rate permitted by law.
(c) Except as otherwise expressly stated in an Order Schedule, all amounts are due in United States Dollars.
(d) OneStream shall state separately on invoices taxes excluded from the fees, and the Customer agrees either to pay the amount of the taxes (based on the current value of the equipment) or provide evidence necessary to sustain an exemption, in accordance with FAR 52.229-1 and FAR 52.229-3.
(e) If Customer requires that a purchase order number appear in this Agreement or any component of this Agreement, Customer must give notice of the same within seven days after the Effective Date. In any case, no Customer requirement for purchase order numbers or other clerical or similar requirements will delay or reduce any Customer obligation under this Agreement.
Payment Terms and Taxes. Payment terms are net thirty (30) days after date of invoice. You are responsible for paying any applicable sales taxes for the Services.
Payment Terms and Taxes. Except as otherwise expressly provided in this Agreement, all amounts due under this Agreement will be paid within thirty days from the date that a party receives an invoice from the other party, in United States Dollars, without withholding or offset of any kind. All amounts payable are exclusive of freight and all taxes, duties, levies, assessments or charges now or hereafter levied or imposed in any way whatsoever by the appropriate authorities in the relevant jurisdictions, including without limitation any commissions and all sales, property, excise, duties, withholding and other federal and local taxes (other than those based on a Party’s net income). All such applicable taxes will be paid by the invoice receiving party unless such party provides the invoicing party with an exemption certificate or document acceptable to the appropriate authorities.
Payment Terms and Taxes. The engineering charges and the price/quantity matrix in the applicable Task Order will apply to the Products. IBM will invoice Customer for engineering charges associated with Products in accordance with such Task Order. IBM will invoice Customer for Products upon shipment. All payments owed by Customer to IBM under this Agreement, including, without limitation, cancellation and engineering charges, as well as payment for Products purchased, are payable in U.S. dollars and receipt of payment by IBM will be due net thirty (30) days after the date of the invoice; provided, however, that if Customer's account becomes in arrears or if Customer exceeds a credit limit agreed to by IBM, in addition to any other right under this Agreement, IBM reserves the right to cease manufacturing or stop shipment to Customer or ship to Customer on a cash-in-advance basis until Customer's account is again current. Customer will be liable for interest on any overdue payment under this Agreement, up to the prime interest rate as reported by Citibank of New York on the date the payment was due, plus three percent. Customer is responsible for all taxes actually charged related to Products. However, in no event will Customer be liable for taxes based on IBM's net income. [*]. * Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. 4 5
Payment Terms and Taxes. (a) Pursuant to and in accordance with the terms of this Agreement, the Vendor will invoice the Owner for Products purchased upon delivery of such Products to the FOB Point, and the Owner will pay all such invoices within [______________] after the invoice date unless, the Owner disputes (in accordance with subsection 11.8) in good faith either the Vendor's entitlement to, or the amount of, any such invoiced amount. All amounts stated herein and/or otherwise required to be paid under or pursuant to this Agreement are stated in, and will be paid in, U.S. Dollars.
(b) The amounts to be paid by the Owner under this Agreement do not include any United States' state or local sales and use taxes, however designated, which may be levied or assessed in the United States on the Products to be sold hereunder. With respect to only such United States sales or use taxes, the Owner will either furnish the Vendor with an appropriate exemption certificate applicable thereto or pay to the Vendor, upon presentation of invoices therefor, such amounts thereof as the Vendor may by law be required to collect or pay; provided that the Vendor will use its reasonable efforts to minimize the amount of any such taxes. The Owner has no obligation to the Vendor with respect to any other taxes, including, but not limited to, those relating to franchise, net or gross income or revenue, license, occupation, other real or personal property, and fees relating to importation or exportation of the Products to the FOB Point. Furthermore, the Vendor will be responsible for and will pay any and all taxes, fees, tariffs and/or charges levied by any governmental entity in or of the Republic of Korea with respect to or arising from this Agreement and/or any actions related hereto.
