Common use of PAYMENTS AND ESCALATIONS Clause in Contracts

PAYMENTS AND ESCALATIONS. Client agrees to pay to HQ the Monthly Base Services Fee plus applicable sales or use taxes, in advance, on the first day of each calendar month during the Initial Term and all extensions thereof, without any deduction, offset, notice or demand. If the Commencement Date shall be other than the first day of a month or end of the last day of a month, fees for any such month shall be prorated. Charges for any Schedule "B" service purchased by Client from HQ shall be due and payable on the 10th of the month following the offer for any such service. One year after the Commencement Date of this Agreement and each and every anniversary date thereafter, the Monthly Base Service Fee will automatically increase by FOUR PERCENT (4%) of the Monthly Base Services Fee due for the month preceding such anniversary date. All Monthly Base Services Fees and other sums payable hereunder shall be payable at the office of HQ or at such other location or to any agent designated in writing by HQ. In addition to any other sums due, Client shall pay monthly late charges equal to five percent (5%) of all amounts that have not been paid to HQ within five (5) days of their respective due dates. The parties agree that such late charges are fair and reasonable compensation for costs incurred by HQ where there is default in any payment due under this Agreement. Upon the execution of this Agreement, Client shall pay HQ or its agent the Refundable Services Retainer. The Refundable Services Retainer need not be kept separate and apart from other funds of HQ, no interest shall be paid thereon, and may be used by HQ to provide Schedule "A" and "B" services under this Agreement. In addition to the Refundable Services Retainer, Client will, upon execution hereof, pay to HQ the Monthly Base Services Fee for the first full month of the Initial Term. Client agrees that the Refundable Services Retainer shall not be used by Client as payment for the Monthly Base Services Fee for the last month of the Initial Term, or any extension thereof, in the event Client defaults in the performance of any of the terms hereof, HQ may terminate this Agreement and the license herein granted and may also use, apply or retain the whole, or any part, of the Refundable Services Retainer for the payment of any service fee or any other payment due hereunder, or for payment of any other sum that HQ may spend by reason of Client's default. If Client shall, at the end of the term of this Agreement, have fully and faithfully complied with all of the terms and provisions of this Agreement, and surrendered all keys, access cards and building passes, the Refundable Services Retainer, or any balance thereof, shall be returned to Client within forty-five (45) days thereafter.

Appears in 2 contracts

Samples: Office Service Agreement (Summit Bancshares Inc/Ca), Office Service Agreement (Summit Bancshares Inc/Ca)

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PAYMENTS AND ESCALATIONS. Client agrees to pay to HQ TS the Monthly Base Services Fee plus applicable sales or use taxes, in advance, on the first day of each calendar month during the Initial Term and all extensions thereof, without any deduction, offset, notice or demand. If the Commencement Date shall be other than the first day of a month or end of on the last day of a month, fees for any such month shall be prorated. Charges for any Schedule "B" service purchased by Client from HQ TS shall be due and payable on the 10th of the month following the offer order for any such service. One year after the Commencement Date of this Agreement and each and every anniversary date thereafter, the Monthly Base Service Services Fee will automatically increase by FOUR PERCENT six percent (46%) of the Monthly Base Services Fee due for the month preceding such anniversary date. All Monthly Base Services Fees and other sums payable hereunder shall be payable at the office of HQ TS premises or at such other location or to any agent designated in writing by HQTS. In addition to any other sums due, Client shall pay monthly late charges equal to five percent (5%) of all amounts that have not been paid to HQ TS within five (5) days of their respective due dates. The parties agree that such late charges are fair and reasonable compensation for costs incurred by HQ TS where there is default in any payment due under this Agreement. Upon the execution of this Agreement, Client shall pay HQ TS or its agent the Refundable Services Retainerretainer. The Refundable Services Retainer need not be kept separate and apart from other funds of HQTS, no interest shall be paid thereon, and may be used by HQ TS to provide Schedule "A" and "B" services under this Agreement. In addition to the Refundable Services Retainer, Client will, upon execution hereof, pay to HQ TS the Monthly Base Services Fee for the first full month of the Initial TermTerm and any applicable Set-Up and Installation Charges. Client agrees that the Refundable Services Retainer shall not be used by Client as payment for of the Monthly Base Services Fee for the last month of the Initial Term, or any extension thereof, in . In the event Client defaults in the performance of any of the terms hereof, HQ TS may terminate this Agreement and the license herein granted and may also use, apply or retain the whole, or any part, of the Refundable Services Retainer for the payment of any service fee or any other payment due hereunder, or for payment of any other sum that HQ TS may spend by reason of Client's default. If Client shall, at the end of the term of this Agreement, have fully and faithfully complied with all of the terms and provisions of this Agreement, and surrendered all keys, access cards and building passes, the Refundable Services Retainer, or any balance thereof, shall be returned to Client within forty-five (45) days thereafter.

Appears in 2 contracts

Samples: Service Agreement (Iparty Corp), Service Agreement (Iparty Corp)

PAYMENTS AND ESCALATIONS. Client agrees to pay to HQ the Monthly Base Services Fee plus applicable sales or use taxes, in advance, on the first day of each calendar month during the Initial Term and all extensions thereof, without any deduction, offset, notice or demand. If the Commencement Date shall be other than the first day of a month or end of on the last day of a month, fees for any such month shall be prorated. Charges for any Schedule "B" service purchased by Client from HQ shall be due and payable on the 10th of the month following the offer order for any such service. One year after the Commencement Date of this Agreement and each and every anniversary date thereafter, the Monthly Base Service Services Fee will automatically increase by FOUR PERCENT six percent (46%) of the Monthly Base Services Fee due for the month preceding such anniversary date. All Monthly Base Services Fees and other sums payable hereunder shall be payable at the office of HQ or at such other location or to any agent designated in writing by HQ. In addition to any other sums due, Client shall pay monthly late charges equal to five percent (5%) of all amounts that have not been paid to HQ within five (5) days of their respective due dates. The parties agree that such late charges are fair and reasonable compensation for costs incurred by HQ where there is default in any payment due under this Agreement. Upon the execution of this Agreement, Client shall pay HQ or its agent the Refundable Services Retainer. The Refundable Services Retainer need not be kept separate and apart from other funds of HQ, no interest shall be paid thereon, and may be used by HQ to provide Schedule "A" and "B" services under this Agreement. In addition to the Refundable Services Retainer, Client will, upon execution hereof, pay to HQ the Monthly Base Services Fee for the first full month of the Initial Term. Client agrees that the Refundable Services Retainer shall not be used by Client as payment for the Monthly Base Services Fee for the last month of the Initial Term, or any extension thereof, in . In the event Client defaults in the performance of any of the terms hereof, HQ may terminate this Agreement and the license herein granted and may also use, apply or retain the whole, or any part, of the Refundable Services Retainer for the payment of any service fee or any other payment due hereunder, or for payment of any other sum that HQ may spend by reason of Client's default. If Client shall, at the end of the term of this Agreement, have fully and faithfully complied with all of the terms and provisions of this Agreement, and surrendered all keys, access cards and building passes, the Refundable Services Retainer, or any balance thereof, shall be returned to Client within forty-five (45) days thereafter.

Appears in 2 contracts

Samples: Office Service Agreement (Ameritrade Holding Corp), Office Service Agreement (Planet Sweep Inc)

PAYMENTS AND ESCALATIONS. Client agrees to pay to HQ the Monthly Base Services Fee plus applicable sales or use taxes, in advance, on the first day of each calendar month during the Initial initial Term and all extensions thereof, without any deduction, offset, notice or o demand. If the Commencement Date shall be other than the first day of a month or end of the last day of a month, fees for any such month shall be prorated. Charges for any Schedule "B" ' service purchased by Client from HQ shall be due and payable on the 10th of the month following the offer order for any such service. One year after the Commencement Date of this an Office Agreement and each and every anniversary date thereafter, the Monthly Base Service Services Fee will automatically increase by FOUR PERCENT (4%) an agreed upon percentage of the Monthly Base Services SERVICES Fee due for the month preceding such anniversary date. All Monthly Base Services Fees and other sums payable hereunder shall be payable at the office of HQ or at such other location or to any agent designated in writing by HQ. In addition to any other sums due, Client shall pay monthly late charges equal to five percent (5%) of all amounts that have not been ben paid to HQ within five (5) days of their respective due dates. The parties agree that such late charges are fair and reasonable compensation for costs incurred by HQ where there is default in any payment due under this Master Agreement or an Office Agreement. Upon the execution of this an Office Agreement, Client shall s hall pay HQ or its agent the Refundable Services services Retainer. The Refundable Services SERVICES Retainer need not be kept separate and apart from other funds of HQ, no interest shall be paid thereon, and may be used by HQ to provide Schedule "A" and "B" services under this Agreement. In addition to the Refundable Services SERVICES Retainer, Client will, upon execution hereofof an Office Agreement, pay to HQ the Monthly Base Services Fee for the first full month of the Initial Term. Client agrees that the Refundable Services Retainer shall not be used by Client as payment for the Monthly Base Services Fee for the last month of the Initial Term, or any extension thereof, in .. In the event Client defaults in the performance of any of the terms hereof, HQ may terminate this Agreement and the license herein granted and may also use, apply or retain the whole, or any part, of the Refundable Services Retainer for the payment of any service fee or any other payment due hereunder, or for payment of any other sum that HQ may spend by reason of Client's default. If Client shall, at the end of the term of this Agreement, have fully and faithfully complied with all of the terms and provisions of this Agreement, and surrendered all keys, access cards and building passes, the Refundable Services Retainer, or any balance thereof, shall be returned to Client within forty-five (45) days thereafter.

Appears in 2 contracts

Samples: Master Office Service Agreement (Regenesis Holdings Inc), Master Office Service Agreement (Regenesis Holdings Inc)

PAYMENTS AND ESCALATIONS. Client agrees to pay to HQ the Monthly Base Services Office Fee plus applicable sales or use taxes, in advance, on the first day of each calendar month during the Initial Term and all extensions thereof, without any deduction, offset, notice or demand. If the Commencement Date shall be other than the first day of a month or end of the last day of a month, fees for any such month shall be prorated. Charges for any Schedule "B" service purchased by Client from HQ shall be due and payable on the 10th of the month following the offer order for any such service. One year after the Commencement Date of this Agreement and each and every anniversary date thereafter, the Monthly Base Service Fee will automatically increase by FOUR PERCENT (4%) of the Monthly Base Services Fee due for the month preceding such anniversary date. All Monthly Base Services Office Fees and other sums payable hereunder shall be payable at the office of HQ or at such other location or to any agent designated in writing by HQ. In addition to any other sums due, Client shall pay monthly late charges equal to five percent (5%) of all amounts that have not been paid to HQ within five (5) days of their respective due dates. The parties agree that such late charges are fair and reasonable compensation for costs incurred by HQ where there is default in any payment due under this Master Agreement or an Office Agreement. Upon the execution of this an Office Agreement, Client shall pay HQ or its agent the Refundable Services Retainer. The Refundable Services Retainer need not be kept separate and apart from other funds of HQ, no interest shall be paid thereon, and may be used by HQ to provide "Schedule "A" and "B" services under this Master Agreement. In addition to the Refundable Services Retainer, Client will, upon execution hereof, pay to HQ the Total Fixed Monthly Base Services Fee Charges for the first full month of the Initial Term. Client agrees that the Refundable Services Retainer shall not be used by Client as payment for the Monthly Base Services Office Fee for the last month of the Initial Term, or any extension thereof, in . In the event Client defaults in the performance of any of the terms hereof, HQ may terminate this Master Agreement and the license herein granted and may also use, apply or retain the whole, or any part, of the Refundable Services Retainer for the payment of any service fee or any other payment due hereunder, or for payment of any other sum that HQ may spend by reason of Client's default. If Client shall, at the end of the term of this Master Agreement, have fully and faithfully complied with all of the terms and provisions of this Master Agreement, and surrendered all keys, access cards and building passes, the Refundable Services Retainer, or any balance thereof, shall be returned to Client within forty-five (45) days thereafter.

Appears in 1 contract

Samples: Office Service Agreement (Virage Logic Corp)

PAYMENTS AND ESCALATIONS. Client agrees to pay to HQ Highland-March the Monthly Base Services Fee plus applicable sales or use taxes, in advance, on the first day of each calendar month during the Initial Term initial term and all extensions thereof, without any deduction, offset, notice or demand. Charges for any "Schedule 33" service purchased by Client are due on the thirtieth (30th) day of the month following the month of service. Invoices for service charges are issued by the seventh (7th) day following the month of service. If the Commencement Date term shall be other than not commence on the first day of a month or end of the last day of a month, fees for any such month shall be prorated. Charges for any Schedule "B" service purchased by Client from HQ shall be due and payable on the 10th of the month following the offer for any such service. One year after the Commencement Date commencement date of this Agreement and each and every anniversary date thereafter, the Monthly Base Service Fee will be automatically increase increased by FOUR PERCENT TBD percent (4_____%) of the Monthly Base Services Fee fee due for the month preceding such said anniversary date. All Monthly Base Services Fees and other sums payable hereunder shall be payable at the office of HQ Highland-March or at to such other location or to any agent designated in writing by HQHighland-March. In Client shall, in addition to any other sums due, Client shall pay monthly a late charges charge equal to five percent (5%) of all amounts the total outstanding balance that have is due and has not been paid to HQ Highland-March within five (5) calendar days of their respective due datesthe date such amount is due. The parties agree that such late charges are fair and reasonable compensation for costs incurred by HQ where there is default and are in any payment due addition to Highland-March's other remedies under this AgreementAgreement and applicable law and equity. Upon the execution of this Agreement, Client shall pay HQ Highland- March or its agent the Refundable Services Retainer. The Refundable Services Retainer need not be kept separate and apart from other funds of HQapart, no interest shall be paid thereon, thereon and may be used by HQ Highland-March to provide Schedule "A" and "B" services under this Agreement. In addition to the Refundable Services Retainer, Client will, upon execution hereof, hereof pay to HQ Highland-March the Monthly monthly Base Services Fee for the first full month of the Initial Term. Client agrees that the Refundable Services Retainer shall not be used by Client as payment for the Monthly Base Services Fee for the last month of the Initial Term, or any extension thereof, in term. In the event (Client defaults in the performance of any of the terms hereof, HQ Highland-March may terminate this Agreement and the license License herein granted and may also use, apply or retain the whole, or any part, part of the Refundable Services Service Retainer for the payment of any service fee or any other payment due hereunder, or for payment of any other sum that HQ which Highland-March may spend by reason of Client's Client default. If Client shall, at the end of the term of this Agreement, have fully and faithfully complied with all of the terms and provisions of this Agreement, and surrendered all keys, access cards and building passes, the Refundable Services Retainer, or any balance thereof, shall be returned to Client within forty-five (45) days thereafter.

Appears in 1 contract

Samples: License Agreement (Enterprises Solutions Inc)

PAYMENTS AND ESCALATIONS. Client agrees to pay to HQ CEO the Monthly Base Services Fee plus applicable sales or use taxes, in advance, on the first day of each calendar month during the Initial Term and all extensions thereof, without any deduction, offset, notice or demand. If the Commencement Date shall be other than the first day of a month or end of on the last day of a month, fees for any such month shall be prorated. Charges for any Schedule "B" service purchased by Client from HQ CEO shall be due and payable on the 10th 1ST of the month following the offer billing for any such service. One year after the Commencement Date of this Agreement and each and every anniversary date thereafter, the Monthly Base Service Fee will automatically increase by FOUR PERCENT six percent (46%) of the Monthly Base Services Fee due for the month preceding proceding such anniversary date. No written notice from CEO will be required. In as much as CEO’s Master Lease includes an annual escalation and reconciliation clause for expenses, Client’s monthly base fee may be adjusted to reflect its prorata share of any expense increases incurred by CEO. All Monthly Base Services Fees and other sums payable hereunder shall be payable at the office of HQ CEO or at such other location or to any agent designated in writing by HQCEO. In addition to any other sums due, Client shall pay monthly late charges equal to five percent (5%) of all amounts that have not been paid to HQ CEO within five (5) days of their respective the due datesdates plus an additional $10.00 per day for each day thereafter until paid in full. The parties agree that such late charges are fair and reasonable compensation for costs incurred by HQ CEO where there is default in any payment due under this Agreement. Upon the execution of this Agreement, . Client shall pay HQ CEO or its agent the Refundable Services Retainer. The Refundable Services Retainer Services, Retainers need not be kept separate and apart from other funds of HQCEO, no interest shall be paid thereon, and may be used by HQ CEO to provide Schedule "A" and "B" services under this Agreement. In addition to the Refundable Services Retainer, Client will, upon execution hereof, pay to HQ CEO the Monthly Base Services Fee for the first full month of the Initial Term. Client agrees that the Refundable Services Retainer shall not be used by Client Client, as payment for the Monthly Base Services Fee for the last month of the Initial Term, or any extension thereof, in . In the event Client defaults in the performance of any of the terms hereof, HQ CEO may terminate this Agreement and the license herein granted and may also use, apply or retain retain, the whole, or any part, of the Refundable Services Retainer for the payment of any service fee or any other payment due hereunder, or for payment of any other sum that HQ CEO may spend by reason of Client's ’s default. If Client shall, at the end of the term of this Agreement, have fully and faithfully complied with all of the terms and provisions of this Agreement, Agreement and surrendered all keys, access cards and building passes, 80% of the Refundable Services Retainer, or any balance thereof, shall be returned to Client within forty-five (45) days thereafter, and the remaining 20% less any deductions will be returned after receiving the Building’s annual expense reconciliation.

Appears in 1 contract

Samples: Service Agreement (Energytec Inc)

PAYMENTS AND ESCALATIONS. Client agrees to pay to HQ the Monthly Base Services Fee plus applicable sales or use taxes, in advance, on the first day of each calendar month during the Initial Term and all extensions thereof, without any deduction, offset, notice or demand. If the Commencement Date shall be other than the first day of a month or end of on the last day of a month, fees for any such month shall be prorated. Charges for any Schedule "B" service purchased by Client from HQ shall be due and payable on the 10th 1/st/ of the month following the offer billing for any such service. One year after the Commencement Date of this Agreement and each and every anniversary date thereafterInasmuch as HQ's Master Lease includes an escalation clause for expenses, the Monthly Base Service Fee will automatically increase by FOUR PERCENT (4%) as of the Monthly Base Services Fee due for the month preceding such anniversary datefirst of each calendar year, Client's monthly base fee may be adjusted to reflect its prorata share of any expense increases incurred by HQ. All Monthly Base Services Fees and other sums payable hereunder shall be payable at the office of HQ or at such other location or to any agent designated in writing by HQ. In addition to any other sums due, Client shall pay monthly late charges equal to five percent (5%) of all amounts that have not been paid to HQ within five (5) days of their respective the due dates. Plus an additional $10.00 per day for each day thereafter until paid in full. The parties agree that such late charges are fair and reasonable compensation for costs incurred by HQ where there is default in any payment due under this Agreement. Upon the execution of this Agreement, Client shall pay HQ or its agent the Refundable Services Retainer. The Refundable Services Retainer need not be kept separate and apart from other funds of HQ, no interest shall be paid thereon, and may be used by HQ to provide Schedule "A" and "B" services under this Agreement. In addition to the Refundable Services Retainer, Client will, upon execution hereof, pay to HQ the Monthly Base Services Fee for the first full month of the Initial Term. Client agrees that the Refundable Services Retainer shall not be used by Client as payment for the Monthly Base Services Fee for the last month of the Initial Term, or any extension thereof, in . In the event Client defaults in the performance of any of the terms hereofthereof, HQ may terminate this Agreement and the license herein granted and may also use, apply or retain the whole, or any part, of the Refundable Services Retainer for the payment of any service fee or any other payment due hereunder, or for payment of any other sum that HQ may spend by reason of Client's default. If Client shall, at the end of the term of this Agreement, have fully and faithfully complied with all of the terms and provisions of this Agreement, and surrendered all keys, access cards and building passes, the Refundable Services Retainer, or any balance thereof, shall be returned to Client within forty-five (45) days thereafter.

Appears in 1 contract

Samples: Office Service Agreement (Verisity LTD)

PAYMENTS AND ESCALATIONS. Client agrees to pay to HQ CEO the Monthly Base Services Fee plus applicable sales or use taxes, in advance, on the first day of each calendar month during the Initial Term and all extensions thereof, without any deduction, offset, notice or demand. If the Commencement Date shall be other than the first day of a month or end of on the last day of a month, fees for any such month shall be prorated. Charges for any Schedule "B" service purchased by Client from HQ CEO shall be due and payable on the 10th 1st of the month following the offer billing for any such service. One year after the Commencement Date of this Agreement and each and every anniversary date thereafter, the Monthly Base Service Services Fee will automatically increase by FOUR PERCENT six percent (46%) of the Monthly Base Services Fee due for the month preceding such anniversary date. No written notice from CEO will be required. In as much as CEO’s Master Lease includes an annual escalation and reconciliation clause for expenses, Client’s monthly base fee may be adjusted to reflect its prorata share of any expense increases incurred by CEO. All Monthly Base Services Fees and other sums payable hereunder shall be payable at the office of HQ CEO or at such other location or to any agent designated in writing by HQCEO. In addition to any other sums due, Client shall pay monthly late charges equal to five percent (5%) of all amounts that have not been paid to HQ CEO within five (5) days of their respective the due datesdates plus an additional $10.00 per day for each day thereafter until paid in full. The parties agree that such late charges are fair and reasonable compensation for costs incurred by HQ CEO where there is default in any payment due under this Agreement. Upon the execution of this Agreement, Client shall pay HQ CEO or its agent the Refundable Services Retainer. The Refundable Services Retainer need not be kept separate and apart from other funds of HQCEO, no not interest shall be paid thereon, and may be used by HQ CEO to provide Schedule "A" and "B" services under this Agreement. In addition to the Refundable Services Retainer, Client will, upon execution hereof, pay to HQ CEO the Monthly Base Services Fee for the first full month of the Initial Term. Client agrees that the Refundable Services Retainer shall not be used by Client as payment for the Monthly Base Services Fee for the last month of the Initial Term, or any extension thereof, in . In the event Client defaults in the performance of any of the terms hereof, HQ CEO may terminate this Agreement and the license herein granted and may also use, apply or retain the whole, or any part, of the Refundable Services Retainer for the payment of any service fee or any other payment due hereunder, or for payment of any other sum that HQ CEO may spend by reason of Client's ’s default. If Client shall, at the end of the term of this Agreement, have fully and faithfully complied with all of the terms and provisions of this Agreement, and surrendered all keys, access cards and building passes, 80% of the Refundable Services Retainer, or any balance thereof, shall be returned to Client within forty-five (45) days thereafter, and the remaining 20% less any deductions will be returned after receiving the Building’s annual expense reconciliation.

Appears in 1 contract

Samples: Service Agreement (Energytec Inc)

PAYMENTS AND ESCALATIONS. Client agrees to pay to HQ the Monthly Base Services Office Fee plus applicable sales or use taxes, in advance, on the first day of each calendar month during the Initial Term and all extensions thereof, without any deduction, offset, notice or demand. If the Commencement Date shall be other than the first day of a month or end of the last day of a month, fees for any such month shall be prorated. Charges for any Schedule "B" service purchased by Client from HQ shall be due and payable on the 10th of the month following the offer order for any such service. One year after the Commencement Date of this an Office Agreement and each and every anniversary date thereafter, the Monthly Base Service Office Fee will automatically increase by FOUR PERCENT (4%) an agreed upon percentage of the Monthly Base Services Office Fee due for the month preceding such anniversary date. All Monthly Base Services Office Fees and other sums payable hereunder shall be payable at the office of HQ or at such other location or to any agent designated in writing by HQ. In addition to any other sums due, Client shall pay monthly late charges equal to five percent (5%) of all amounts that have not been paid to HQ within five (5) days of their respective due dates. The parties agree that such late charges are fair and reasonable compensation for costs incurred by HQ where there is default in any payment due under this Master Agreement or an Office Agreement. Upon the execution of this an Office Agreement, Client shall pay HQ or its agent the Refundable Services Retainer. The Refundable Services Retainer need not be kept separate and apart from other funds of HQ, no interest shall be paid thereon, and may be used by HQ to provide Schedule "A" and "B" services under this Master Agreement. In addition to the Refundable Services Retainer, Client will, upon execution hereofof an Office Agreement, pay to HQ the Total Fixed Monthly Base Services Fee Charges for the first full month of the Initial Term. Client agrees that the Refundable Services Retainer shall not be used by Client as payment for the Monthly Base Services Office Fee for the last month of the Initial Term, or any extension thereof, in . In the event Client defaults in the performance of any of the terms hereof, HQ may terminate this Master Agreement and the license herein granted and may also use, apply or retain the whole, or any part, of the Refundable Services Retainer for the payment of any service fee or any other payment due hereunder, or for payment of any other sum that HQ may spend by reason of Client's default. If Client shall, at the end of the term of this Master Agreement, have fully and faithfully complied with all of the terms and provisions of this Master Agreement, and surrendered all keys, access cards and building passes, the Refundable Services Retainer, or any balance thereof, shall be returned to Client within forty-five (45) days thereafter.

Appears in 1 contract

Samples: Master Office Service Agreement (Shopping Sherlock Inc)

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PAYMENTS AND ESCALATIONS. Client agrees to pay to HQ CEO the Monthly Base Services Fee plus applicable sales or use taxes, in advance, on the first day of each calendar month during the Initial Term and all extensions thereof, without any deduction, offset, notice or demand. If the Commencement Date shall be other than the first day of a month or end of on the last day of a month, fees for any such month shall be prorated. Charges for any Schedule "B" service purchased by Client from HQ CEO shall be due and payable on the 10th 1st of the month following the offer billing for any such service. One year after the Commencement Date of this Agreement and each and every anniversary date thereafter, the Monthly Base Service Services Fee will automatically increase by FOUR PERCENT six percent (46%) of the Monthly Base Services Fee due for the month preceding such anniversary date. No written notice from CEO will be required. Inasmuch as CEO's Master Lease includes an annual escalation and reconciliation clause for expenses, Client's monthly base fee may be adjusted to reflect its prorata share of any expense increases incurred by CEO. All Monthly Base Services Fees and other sums payable hereunder shall be payable at the office of HQ CEO or at such other location or to any agent designated in writing by HQCEO. In addition to any other sums due, Client shall pay monthly late charges equal to five percent (5%) of all amounts that have not been paid to HQ CEO within five (5) days of their respective the due datesdates plus an additional $10.00 per day for each day thereafter until paid in full. The parties agree that such late charges are fair and reasonable compensation for costs incurred by HQ CEO where there is default in any payment due under this Agreement. Upon the execution of this Agreement, Client shall pay HQ CEO or its agent the Refundable Services Retainer. The Refundable Services Retainer need not be kept separate and apart from other funds of HQCEO, no interest shall be paid thereon, and may be used by HQ CEO to provide Schedule "A" and "B" services under this Agreement. In addition to the Refundable Services Retainer, Client will, upon execution hereof, pay to HQ CEO the Monthly Base Services Fee for the first full month of the Initial Term. Client agrees that the Refundable Services Retainer shall not be used by Client as payment for the Monthly Base Services Fee for the last month of the Initial Term, or any extension thereof, in . In the event Client defaults in the performance of any of the terms hereof, HQ CEO may terminate this Agreement and the license herein granted and may also use, apply or retain the whole, or any part, of the Refundable Services Retainer for the payment of any service fee or any other payment due hereunder, or for payment of any other sum that HQ CEO may spend by reason of Client's default. If Client shall, at the end of the term of this Agreement, have fully and faithfully complied with all of the terms and provisions of this Agreement, and surrendered all keys, access cards and building passes, 80% of the Refundable Services Retainer, or any balance thereof, shall be returned to Client within forty-five (45) days thereafter, and the remaining 20% less any deductions will be returned after receiving the Building's annual expense reconciliation.

Appears in 1 contract

Samples: Service Agreement (Hemobiotech Inc)

PAYMENTS AND ESCALATIONS. Client CLIENT agrees to pay to HQ ALLIANCE the Total Monthly Base Services Fixed Fee plus including applicable sales or use taxesTaxes as detailed in Exhibit C hereto, in advance, on the first day of each calendar month during the Initial Term initial term and all extensions thereof, without any deduction, offset, notice or demand. If the Commencement Date term shall be other than not commence on the first day of a month or end of on the last day of a month, fees for any such month shall be prorated. Charges , any amounts due for any Schedule "B" service purchased by Client from HQ services in excess of the Total Monthly Fixed Fee shall be due and payable on the 10th first day of the month following the offer for any such service. One year after the Commencement Date of this Agreement and each and every anniversary date thereafter, the Monthly Base Service Fee will automatically increase by FOUR PERCENT (4%) of the Monthly Base Services Fee due for the month preceding such anniversary datemonth. All Monthly Base Services Fees and other sums amounts payable hereunder shall be payable at the office of HQ ALLIANCE or at to such other location or to any agent designated in writing by HQALLIANCE. In CLIENT shall, in addition to any other sums due, Client shall pay monthly a late charges charge equal to five percent (5%) of all the total outstanding balance that is due or $5.00, whichever is greater, when amounts that due have not been paid to HQ ALLIANCE within five (5) days of their respective due datesthe date such amount is due. The parties agree that such late charges are fair and reasonable compensation for costs incurred by HQ ALLIANCE where there is default in any payment due clue under this Agreement. Upon the execution of this Agreement, Client CLIENT shall pay HQ ALLIANCE or its agent the Refundable Services Retainer. The Refundable Services Retainer need not be kept separate and apart from other funds of HQ, and no interest shall be paid thereon, and may be used by HQ to provide Schedule "A" and "B" services under this Agreementto[?] ALLIANCE. In addition to the Refundable Services Retainer, Client CLIENT will, upon execution hereof, pay to HQ ALLIANCE the Total Monthly Base Services Fixed Fee for the first full month of the Initial Term. Client CLIENT agrees that the Refundable Services Retainer shall not be used by Client CLIENT as payment for the Total Monthly Base Services Fixed Fee for the last month of the Initial Term, or any extension thereof, in term. In the event Client CLIENT defaults in the performance of any of the terms hereof, HQ ALLIANCE may terminate this Agreement and the license License herein granted and may also use, apply or retain the whole, or any part, part of the Refundable Services Retainer for the payment of (if any service fee or any other payment due hereunder, or for payment of any other sum that HQ which ALLIANCE may spend by reason of ClientCLIENT's default. If Client CLIENT shall, at the end of the term of this Agreement, have fully and faithfully complied with all of the terms and provisions of this Agreement, and surrendered all keys, access cards and building passes, the Refundable Services Retainer, or any balance thereof, shall be returned to Client CLIENT within forty-five (45) days thereafterafter the end of term. The Refundable Retainer in conjunction with Clients credit rating provide the basis for establishing the Client's Credit Limit. Payment in accordance with the terms herein will assure no interruption to your service. In the event amounts owed exceed the established Credit Limit services provided under the terms of this Agreement shall be suspended.

Appears in 1 contract

Samples: Office Service Agreement (My Web Inc Com)

PAYMENTS AND ESCALATIONS. Client agrees to pay to HQ the The monthly invoices/statements for Monthly Fixed Fee for Base Services Fee plus and additional services include recurring charges and all applicable sales or use taxes, taxes will be billed in advance, on advance and variable expenses will be billed for the first day of each calendar month during the Initial Term and all extensions thereofprior month, without any deduction, offset, notice or demand. Statements will be placed in the mailbox or faxed to Client on the first of the month with payments due by the fifth of the month. A $5.00 per month charge will be added for mailed xxxxxxxx. Overdue payments shall be subject to a five (5%) percent late fee. Client agrees that any collection action taken by TIO to recover fees under this Agreement may be brought in the County of Nassau, New York. In the event of a successful collection action by TIO, Client agrees to pay all reasonable and related attorneys fees and costs. If the Commencement Date term shall be other than not commence on the first day of a month or end of on the last day of a month, fees for any such month shall be prorated. Charges for any Schedule "B" service purchased by Client from HQ shall be due and payable on the 10th of the month following the offer for any such service. One year after the Commencement Date of this Agreement and each and every anniversary date thereafter, the Monthly Base Service Fee will automatically increase by FOUR PERCENT (4%) of the Monthly Base Services Fee due for the month preceding such anniversary date. All Monthly Base Services Fees and other sums amounts payable hereunder shall be payable at the office of HQ TIO or at to such other location or to any agent designated in writing by HQ. In addition to any other sums due, Client shall pay monthly late charges equal to five percent (5%) of all amounts that have not been paid to HQ within five (5) days of their respective due datesTIO. The parties agree that such late charges are fair and reasonable compensation for costs incurred by HQ TIO where there is default in any payment due under this Agreement. Upon the execution of this Agreement, Client shall pay HQ TIO or its agent the Refundable Services RetainerSecurity Deposit. The Refundable Services Retainer Security Deposit need not be kept separate and apart from other funds of HQ, and no interest shall be paid thereon, and may be used by HQ to provide Schedule "A" and "B" services under this Agreement. In addition to the Refundable Services RetainerSecurity deposit, Client will, upon execution hereof, pay to HQ TIO the Monthly Fixed Fee for Base Services plus the Monthly Fixed Fee for Member Services for the first full month of the Initial Termmonth. Client agrees that the Refundable Services Retainer Security Deposit shall not be used by the Client as payment for the Monthly Base Services Fee any fees due for the last month of the Initial Term, or any extension thereof, in term. In the event Client defaults in the performance of any of the terms hereof, HQ TIO may terminate this Agreement and the license herein granted and may also use, apply or retain the whole, or any part, part of the Refundable Services Retainer Security deposit for the payment of any service fee or any other payment due hereunder, or for payment of or any other sum that HQ which TIO may spend by reason of Client's ’s default. If Client shall, at the end of the term of this Agreement, have fully and faithfully complied with all of the terms and provisions of this Agreement, and surrendered all keys, access cards and building passes, the Refundable Services RetainerSecurity Deposit, or any balance thereof, shall be returned to Client within forty-five (45) days thereafterafter the end of the term.

Appears in 1 contract

Samples: Office Service Agreement (International Shipping Enterprises, Inc.)

PAYMENTS AND ESCALATIONS. Client CLIENT agrees to pay to HQ SCESI the Monthly Base Services Fee plus applicable sales or use taxes, in advance, on the first day of each calendar month during the Initial Term initial Terms and all extensions thereof, without any deduction, offset, notice or demand. If the Commencement Date date shall be other than the first day of a month or end of on other than the last day of a month, fees for any such month shall be prorated. Charges for any Schedule "B" B service purchased by Client CLIENT from HQ SCESI shall be due and payable on the 10th upon receipt of each invoice. If CLIENT should question any Schedule B charge, such question must be received in writing by SCESI within 60 days of the month following invoice date. Upon the offer for any such service. One year after end of the Commencement Date Initial Term of this Agreement and each and every anniversary date subsequent term thereafter, the Monthly Base Service Fee will automatically increase by FOUR PERCENT an annualized six percent (46%) of the Monthly Base Services Fee due for the month preceding such anniversary date). Client does not have more than a one year renewal option. All Monthly Base Services Fees monthly base fees and other sums payable hereunder shall be payable at the office of HQ SCESI, or at such other location location, or to any agent designated in writing by HQSCESI. In CLIENT shall, in addition to any other sums due, Client shall pay monthly late charges equal to five percent (5%) of all amounts the total outstanding balance that have is due and has not been paid to HQ SCESI within five (5) days of their respective the date such amount is due, which late charge shall be due datestogether with the monthly base fee and considered as part of the monthly base fee. The parties agree that such late charges are fair and reasonable compensation for costs incurred by HQ SCESI where there is a default in prompt payment of any payment amount due under this the Agreement. Upon the execution of this Agreement, Client CLIENT shall pay HQ SCESI or its agent the Refundable Services Retainer. The Refundable Services Retainer need not be kept separate and apart from other funds of HQSCESI, no interest shall be paid thereon, and may be used by HQ SCESI to provide Schedule "A" A and "B" Schedule B services under this Agreement. In addition to the Refundable Services Service Retainer, Client CLIENT will, upon execution hereof, pay to HQ SCESI the Monthly Base Services Fee for the first full month of the Initial TermTerm and other charges shown on the Start-up and Service Fees Invoice. Client CLIENT agrees that the Refundable refundable Services Retainer shall not be used by Client CLIENT as payment for the Monthly Base Services Fee for the last month of the Initial Term, Term or any extension thereof, in hereof. In the event Client CLIENT defaults in the performance of any of the terms hereof, HQ SCESI may terminate this Agreement and the license License herein granted and may also use, apply or retain the whole, or any part, part of the Refundable Services Retainer for the payment of any service fee or any other payment due hereunder, or for payment of any other sum that HQ SCESI may spend by reason of Client's CLIENT’s default. If Client CLIENT shall, at the end of the term of this Agreement, have fully and faithfully complied with all of the terms and provisions of this Agreement, Agreement and surrendered all keys, access cards and building passes, the Refundable Services Retainer, or any the balance thereof, shall be returned to Client CLIENT within forty-five sixty (4560) days thereaftersubsequent to the receipt of the payment for all services.

Appears in 1 contract

Samples: Office Service Agreement (WNS Studios, Inc.)

PAYMENTS AND ESCALATIONS. Client agrees to pay to HQ the Monthly Base Services Office Fee plus applicable sales or use taxes, in advance, on the first day of each calendar month during the Initial initial Term and all extensions thereof, without any deduction, offset, notice or demand. If the Commencement Date shall be other than the first day of a month or end of the last day of a month, fees for any such month shall be prorated. Charges for any Schedule "B" service purchased by Client from HQ shall be due and payable on the 10th of the month following the offer order for any such service. One year after the Commencement Date of this an Office Agreement and each and every anniversary date thereafter, the Monthly Base Service Office Fee will automatically increase by FOUR PERCENT (4%) an agreed upon percentage of the Monthly Base Services Office Fee due for the month preceding such anniversary date. All Monthly Base Services Office Fees and other sums payable hereunder shall be payable at the office of HQ or at such other location or to any agent designated in writing by HQ. In addition to any other sums due, Client shall pay monthly late charges equal to five percent (5%) of all amounts that have not been paid to HQ within five (5) days of their respective due dates. The parties agree that such late charges are fair and reasonable compensation for costs incurred by HQ where there is default in any payment due under this Master Agreement or an Office Agreement. Upon the execution of this an Office Agreement, Client shall pay HQ or its agent the Refundable Services Retainer. The Refundable Services Retainer need not be kept separate and apart from other funds of HQ, no interest shall be paid thereon, and may be used by HQ to provide Schedule "A" and "B" services under this Master Agreement. In addition to the Refundable Services Retainer, Client will, upon execution hereofof an Office Agreement, pay to HQ the Total Fixed Monthly Base Services Fee Charges for the first full month of the Initial initial Term. Client agrees that the Refundable Services Retainer shall not be used by Client as payment for the Monthly Base Services Office Fee for the last month of the Initial Term, or any extension thereof, in . In the event Client defaults in the performance of any of the terms hereof, HQ may terminate this Master Agreement and the license herein granted and may also use, apply or retain the whole, or any part, of the Refundable Services Retainer for the payment of any service fee or any other payment due hereunder, or for payment of any other sum that HQ may spend by reason of Client's default. If Client shall, at the end of the term of this Master Agreement, have fully and faithfully complied with all of the terms and provisions of this Master Agreement, and surrendered all keys, access cards and building passes, the Refundable Services Retainer, or any balance thereof, shall be returned to Client within forty-five (45) days thereafter.

Appears in 1 contract

Samples: Master Office Service Agreement (Annuncio Software Inc)

PAYMENTS AND ESCALATIONS. Client agrees to pay to HQ CEO the Monthly Base Services Fee plus applicable sales or use taxes, in advance, on the first day of each calendar month during the Initial Term and all extensions thereof, without any deduction, offset, notice or demand. If the Commencement Date shall be other than the first day of a month or end of on the last day of a month, fees for any such month shall be prorated. Charges for any Schedule "B" service purchased by Client from HQ CEO shall be due and payable on the 10th 1st of the month following the offer billing for any such service. One year after the Commencement Date of this Agreement and each and every anniversary date thereafter, the Monthly Base Service Services Fee will automatically increase by FOUR PERCENT six percent (46%) of the Monthly Base Services Fee due for the month preceding such anniversary date. No written notice from CEO will be required. Inasmuch as CEO's Master Lease includes an annual escalation and reconciliation clause for expenses, Client's monthly base fee may be adjusted to reflect its prorata share of any expense increases incurred by CEO. All Monthly Base Services Fees and other sums payable hereunder shall be payable at the office of HQ CEO or at such other location or to any agent designated in writing by HQCEO. In addition to any other sums due, Client shall pay monthly late charges equal to five percent (5%) of all amounts that have not been paid to HQ CEO within five (5) days of their respective the due datesdates plus an additional $10.00 per day for each day thereafter until paid in full. The parties agree that such late charges are fair and reasonable compensation for costs incurred by HQ CEO where there is default in any payment due under this Agreement. Upon the execution of this Agreement, Client shall pay HQ CEO or its agent the Refundable Services Retainer. The Refundable Services Retainer need not be kept separate and apart from other funds of HQCEO, no interest shall be paid thereon, and may be used by HQ CEO to provide Schedule "A" and "B" services under this Agreement. In addition to the Refundable Services Retainer, Client will, upon execution hereof, pay to HQ CEO the Monthly Base Services Fee for the first full month of the Initial Term. Client agrees that the Refundable Services Retainer shall not be used by Client as payment for the Monthly Base Services Fee for the last month of the Initial Termterm, or any extension thereof, in . In the event Client defaults in the performance of any of the terms hereof, HQ CEO may terminate this Agreement and the license herein granted and may also use, apply or retain the whole, or any part, of the Refundable Services Retainer for the payment of any service fee or any other payment due hereunder, or for payment of any other sum that HQ CEO may spend by reason of Client's default. If Client shall, at the end of the term of this Agreement, have fully and faithfully complied with all of the terms and provisions of this Agreement, and surrendered all keys, access cards and building passes, 80% of the Refundable Services Retainer, or any balance thereof, shall be returned to Client within forty-five (45) days thereafter, and the remaining 20% less any deductions will be returned after receiving the Building's annual expense reconciliation.

Appears in 1 contract

Samples: Service Agreement (Hemobiotech Inc)

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