PAYMENTS AND ACCOUNTINGS Sample Clauses

PAYMENTS AND ACCOUNTINGS. XPF shall account for all revenue shares provided in this Agreement and make corresponding payments in accordance with their then‐current practices. In no event will payments include taxes and Team will be solely responsible for such taxes. XPF may set off any amounts owed any Team for any revenue share against any amounts owed to XPF, including, without limitation, in connection with Team’s indemnity obligations or withhold payments in the event of a dispute with Team. Team must be an Eligible Entity to receive revenue share payments. Notwithstanding the provision above, XPF will not be obligated to make payments to Team: (i) more frequently than one (1) time per month and (ii) until amounts owed to Team equals or exceeds $500 (five hundred U.S. Dollars).
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PAYMENTS AND ACCOUNTINGS. 5.1 Within 60 days following the end of each fiscal quarter (as designated by Universal) during the Term, Universal will render to the Company a statement setting forth in detail all activities subject hereto, including an inventory analysis. Together with such statement, Universal will remit the Net Proceeds, if any, shown to be payable to the Company on such statement. 5.2 All statements rendered by Universal are conclusively binding upon the Company and not subject to any objection by the Company for any reason unless specific objection in writing, stating the basis thereof, is given to Universal within 2 years from the date such statement is rendered (each statement will be deemed rendered when due unless the Company notifies Universal to the contrary within 120 days after the applicable due date specified in Section 5.1 above), and an audit pursuant to Section 5.3 below for that statement is completed within a reasonable time after such objection notice is given. Failure to make specific objection or conduct the audit within such time periods will be deemed to be the Company’s approval of such statement, the Company’s waiver of such audit rights, and the Company’s waiver of the right to commence an action, suit or proceeding against Universal for additional amounts in connection with the applicable accounting period. The Company will not have the right to commence an action, suit or proceeding against Universal in connection with any accounting for amounts payable hereunder, unless the Company commences the action, suit or proceeding within the applicable 2 year period referred to above. If the Company commences such action, suit or proceeding concerning accountings rendered by Universal under this Agreement, the scope of the proceeding will be limited to determination of the amounts due for the accounting periods concerned, and the court will have no authority to consider any other issues or award any relief except recovery of any amounts found owing. The Company’s recovery of any such amounts will be the sole remedy available to the Company by reason of any claim related to Universal's accountings. Without limiting the generality of the preceding sentence, the Company will not have any right to seek termination of the Term or avoid the performance of the Company’s obligations hereunder by reason of any such claim. 5.3 The Company may, at the Company’s own expense, audit Universal's books of account directly relating to this Agreement and which repor...
PAYMENTS AND ACCOUNTINGS. ‌ XPF shall account for all revenue shares provided in this Agreement and make corresponding payments in accordance with their then-current practices. In no event will payments include taxes and Team will be solely responsible for such taxes. XPF may set off any amounts owed any Team for any revenue share against any amounts owed to XPF, including, without limitation, in connection with Team’s indemnity obligations or withhold payments in the event of a dispute with Team. Team must be an Eligible Entity to receive revenue share payments. Notwithstanding the provision above, XPF will not be obligated to make payments to Team: (i) more frequently than one (1) time per month and (ii) until amounts owed to Team equals or exceeds $500 (five hundred U.S. Dollars). 8 GENERAL PROVISIONS‌‌ 8.1 OFFICIAL LANGUAGEThe Official Language of the Competition is English. All communications with XPF, including, without limitation, required public relations material, shall be in English unless Team has received prior written permission. Additional copies in other languages are welcomed but are in no way binding on XPF.
PAYMENTS AND ACCOUNTINGS. A. Except as specifically agreed to the contrary by Licensor in writing, Licensee shall bear, pay, and discharge all taxes, assessments, duties, outgoings, and burdens which arise out of the manufacture, distribution, sale or other exploitation of the Records hereunder. All sums due to Licensor by way of Royalties hereunder are intended to include provisions for all royalties due to artist(s), producer(s), and/or any third party licensor(s) of Licensor as a result of the distribution, sale or other exploitation in the Territory in accordance with this Agreement. B. Within thirty (30) calendar days following after the end of the quarter of each calendar year during which any Records hereunder have been sold by or on behalf of Licensee and/or any of Licensee's affiliates, subsidiaries, sub-licensees and assigns, Licensee shall furnish to Licensor a formal detailed statement (signed by Licensee's authorized officer) specifying (1) all Record sales and/or other exploitation hereunder during the respective quarterly accounting period and (2) the respective Royalties and royalty-like sums (such as flat fees) due to Licensor hereunder with respect thereto. Subject to applicable recoupment provisions hereunder, each statement described hereinabove shall be accompanied by payment of Royalties and/or other applicable sums due to Licensor under this Agreement, provided always that the Advances (if any) and other recoupable sums (if any) paid to Licensor hereunder shall only be recoupable in accordance with applicable recoupment provisions herein contained or otherwise approved by Licensor from time to time. C. Licensee shall have the right to compute Royalties and/or royalty-like sums resulting from sales and/or other exploitation hereunder in the Licensed Territory in the national currency of the country of sale or exploitation. All payments due to Licensor hereunder, however, shall be made in US Dollars, or if required by a superseding body of law governing currencies and/or monetary payments hereunder, in the appropriate currency substitute of the US Dollar as shall have been notified by Licensor to Licensee if and when applicable. It is agreed that any conversions required for the purpose of paying Licensor hereunder shall be made at the official rate of exchange prevailing in the Licensed Territory when payment shall be made and due pursuant hereto, provided that in the case of "Late Payment" by Licensee, the conversion rate applicable on the actual date of paym...
PAYMENTS AND ACCOUNTINGS 

Related to PAYMENTS AND ACCOUNTINGS

  • Legal and Accounting Fees All charges for services and expenses of the Trust's legal counsel and independent accountants.

  • Records and Accounting The General Partner shall keep or cause to be kept at the principal office of the Partnership appropriate books and records with respect to the Partnership’s business, including all books and records necessary to provide to the Limited Partners any information required to be provided pursuant to Section 3.4(a). Any books and records maintained by or on behalf of the Partnership in the regular course of its business, including the record of the Record Holders and Assignees of Units or other Partnership Securities, books of account and records of Partnership proceedings, may be kept on, or be in the form of, computer disks, hard drives, punch cards, magnetic tape, photographs, micrographics or any other information storage device; provided, that the books and records so maintained are convertible into clearly legible written form within a reasonable period of time. The books of the Partnership shall be maintained, for financial reporting purposes, on an accrual basis in accordance with U.S. GAAP.

  • Legal and Accounting Fees and Expenses All charges for services and expenses of the Corporation’s legal counsel and independent auditors for the benefit of the Fund;

  • Administrative and Accounting Services The Administrator shall provide the Fund with regulatory reporting, fund accounting and related portfolio accounting services, all necessary office space, equipment, personnel, compensation and facilities (including facilities for Shareholders' and Directors' meetings) for handling the affairs of the Portfolios and such other services as the Administrator shall, from time to time, determine to be necessary to perform its obligations under this Agreement. In addition, at the request of the Fund's Board of Directors, the Administrator shall make reports to the Fund's Directors concerning the performance of its obligations hereunder including such activities as are set forth on Exhibit A hereto, as amended by agreement of the parties from time to time. Without limiting the generality of the foregoing, the Administrator, under the supervision of the Fund's Board of Directors, shall: o calculate Fund expenses and control all disbursements for the Fund, and as appropriate, compute the Fund's yields, total return, expense ratios, portfolio turnover rate and, if required, portfolio average dollar-weighted maturity; o assist outside Fund counsel with preparation of prospectuses, statements of additional information, registration statements and proxy materials; o prepare such reports, applications and documents (including reports regarding the sale and redemption of shares as may be required in order to comply with Federal and state securities law) as may be necessary or desirable to register the Fund's shares with state securities authorities, monitor sale of Fund shares for compliance with state securities laws, and file with the appropriate securities authorities the registration statements and reports for the Fund and the Fund's shares and all amendments thereto, as may be necessary or convenient to register and keep effective the Fund and the Fund's shares with state securities authorities to enable the Fund to make a continuous offering of its shares; o prepare communications to shareholders, including the annual and semi-annual reports to shareholders, coordinate mailing prospectuses, notices, proxy statements, proxies and other reports to Fund shareholders, and supervise and facilitate the solicitation of proxies solicited by the Fund for all shareholder meetings, including the tabulation process for shareholder meetings; o prepare, negotiate, and administer contracts on behalf of the Fund with, among others, the Fund's distributor, subject to any approvals or reapprovals by the Fund's Board of Directors required by applicable law or Board procedures; o maintain the Fund's general ledger and prepare the Fund's financial statements, including expense accruals and payments, determine the net asset value of the Fund's assets and of the Fund's shares, and provide for the payment of dividends and other distributions to shareholders; o calculate performance data of the Fund and the Portfolios for dissemination to information services covering the investment company industry; o coordinate and supervise the preparation and filing of the Fund's tax returns; o examine and review the operations and performance of the various organizations providing services to the Fund or any Portfolio directly or on a subcontracted basis as provided for herein and, at the request of the Fund's Board of Directors, report to the Board on the performance of such organizations; o provide for and coordinate the layout and printing of publicly disseminated prospectuses and the Fund's semi-annual and annual reports to shareholders; o provide internal legal and administrative services as requested by the Fund from time to time; o provide for and coordinate the design, development, and operation of the Fund, including new portfolio and class investment objectives, policies and structure; o provide individuals reasonably acceptable to the Fund's Board of Directors for nomination, appointment, or election as officers of the Fund, who will be responsible for the management of certain of the Fund's affairs as determined by the Fund's Board of Directors; o advise the Fund and its Board of Directors on matters concerning the Fund and its affairs;

  • Legal and Accounting Services The Company may obtain legal and accounting services to the extent reasonably necessary for the conduct of the Company's business.

  • Books and Accounts (a) The General Partner shall cause the Partnership to keep and maintain at its principal executive office full and complete books and records which shall include each of the following: (1) a current list of the full name and last known business or residence address of each Partner set forth in alphabetical order together with the Capital Contribution and the share in Income and Losses of each Partner; (2) a copy of the Certificate of Limited Partnership and all certificates of amendment thereto, together with executed copies of any powers of attorney pursuant to which any certificate has been executed; (3) copies of the Partnership's federal, state and local income tax information returns and reports, if any, for the six most recent taxable years; (4) copies of the original of this Agreement and all amendments thereto; (5) financial statements of the Partnership for the six most recent fiscal years; and (6) the Partnership's books and records for at least the current and past three fiscal years. (b) Upon the request of the Limited Partner, the General Partner shall promptly deliver to the Limited Partner, at the expense of the Partnership, a copy of the information set forth in Section 14.1(a) above. The Limited Partner shall have the right upon reasonable request and during normal business hours to inspect and copy any of the foregoing, or any of the other books and records of the Partnership or the Project at its own expense.

  • Accountings Business Associate agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with HIPAA.

  • Loan Account and Accounting Agent shall maintain a loan account (the "Loan Account") on its books to record: all Advances, all payments made by Borrower, and all other debits and credits as provided in this Agreement with respect to the Loans or any other Obligations. All entries in the Loan Account shall be made in accordance with Agent's customary accounting practices as in effect from time to time. The balance in the Loan Account, as recorded on Agent's most recent printout or other written statement, shall, absent manifest error, be presumptive evidence of the amounts due and owing to Agent and Lenders by Borrower; provided, that any failure to so record or any error in so recording shall not limit or otherwise affect Borrower's duty to pay the Obligations. Agent shall render to Borrower a monthly accounting of transactions with respect to the Loans setting forth the balance of the Loan Account for the immediately preceding month. Unless Borrower notifies Agent in writing of any objection to any such accounting (specifically describing the basis for such objection), within 30 days after the date thereof, each and every such accounting shall (absent manifest error) be deemed final, binding and conclusive on Borrower in all respects as to all matters reflected therein. Only those items expressly objected to in such notice shall be deemed to be disputed by Borrower. Notwithstanding any provision herein contained to the contrary, any Lender may elect (which election may be revoked) to dispense with the issuance of Notes to that Lender and may rely on the Loan Account as evidence of the amount of Obligations from time to time owing to it.

  • Books Records and Accounting The General Partner shall keep or cause to be kept at the registered office of the Partnership appropriate books and records with respect to the Partnership’s activities and affairs. Any books and records maintained by or on behalf of the Partnership in the regular course of its activities and undertakings, including the record of the Record Holders, books of account and records of Partnership proceedings, may be kept on information storage devices, provided, that the books and records so maintained are convertible into clearly legible written form within a reasonable period of time. The books of the Partnership shall be maintained, for financial reporting purposes, on an accrual basis in accordance with IFRS-IASB. In accordance with Bermuda Law, the records of account and registers will be kept available for inspection by any Limited Partner or its duly authorized representatives during regular business hours at the registered office of the Partnership. Limited Partners shall not have access to any information of the Partnership contained in its books and records which the General Partner is required by legal or contractual restriction to keep confidential or which, in the opinion of the General Partner, acting reasonably, should be kept confidential in the interests of the Partnership or may be kept confidential as provided in this Agreement, and each Limited Partner hereby waives any right to greater access to the books and records of the Partnership than is permitted herein, to the greatest extent permitted by Law.

  • Monthly Accountings Silicon shall provide Borrower monthly with an account of advances, charges, expenses and payments made pursuant to this Agreement. Such account shall be deemed correct, accurate and binding on Borrower and an account stated (except for reverses and reapplications of payments made and corrections of errors discovered by Silicon), unless Borrower notifies Silicon in writing to the contrary within thirty days after each account is rendered, describing the nature of any alleged errors or admissions.

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