Common use of Price and Terms of Payment Clause in Contracts

Price and Terms of Payment. 6.1 Unless otherwise indicated in writing by LB, all prices and charges payable to Lonza are exclusive of Value Added Tax or of any other applicable taxes, levies, imposts, duties and fees of whatever nature imposed by or under the authority of any government or public authority, which shall be paid by the Customer (other than taxes on LB's income). LB shall add all such taxes as separate line items on invoices. All invoices are strictly net and payment must be made within thirty (30) days of Customer's receipt of invoice. Notwithstanding the foregoing, no amounts shall be invoiced until such amounts are then due and payable in accordance with the Schedules to this Agreement, including without limitation and as appropriate the completion of the related Services and Customer's receipt and acceptance of the related Deliverables. The invoices shall be in ***, and all payments made by Customer shall be made in ***. 6.2 In default of payment on due date: 6.2.1 interest shall accrue on any amount overdue at the per annum interest rate *** above *** from time to time as published in the "Money Rates" section of The Wall Street Journal, on the 1st business day of each month, beginning with the month in which the payment became delinquent, with interest to accrue on a day to day basis both before and after judgement, adjust monthly on the 1st day of each month, beginning with the second month of delinquency, and be calculated on the number of days such payment is delinquent; and 6.2.2 For so long as such payment delinquency remains uncured, LB shall, at its sole discretion, and without prejudice to any other of its accrued rights, be entitled to suspend the provision of the Services or, if Customer has not remedied such payment delinquency within *** of the receipt by Customer of notice of nonpayment and demand for remedy, to treat the Agreement as repudiated.

Price and Terms of Payment. 6.1 Unless 4.1. The price payable by the Customer shall be the price set out in the Company’s order acknowledgement which shall be valid for a period of 60 days, unless otherwise indicated expressly agreed in writing by LBthe Company. Any such price is exclusive of VAT which shall be due and payable by the Customer to the Company at the rate ruling at the date of the Company’s invoice 4.2. Except as otherwise expressly agreed in writing by the Company, all prices are given by the Company on an ex‐works basis, and charges payable where the Company agrees to Lonza are exclusive of Value Added Tax or of any other applicable taxes, levies, imposts, duties and fees of whatever nature imposed by or under deliver the authority of any government or public authority, which Goods otherwise that at the Company’s shall be paid liable to pay the Company’s charges for transport, packaging and insura nce 4.3. Unless otherwise expressly agreed in writing by the Customer (other than taxes on LB's income). LB shall add all such taxes as separate line items on invoices. All invoices are strictly net and Company, payment must of the Company’s invoice will be made within thirty (30) 30 days of Customer's receipt the date of invoice, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Customer. Notwithstanding The time of payment of the foregoing, no amounts price shall be invoiced until such amounts are then due and payable in accordance with the Schedules to this Agreement, including without limitation and as appropriate the completion of the related Services and Customer's receipt and acceptance essence of the related Deliverables. The invoices shall be in ***, and all payments made by Customer shall be made in ***context. 6.2 In default of 4.4. If the Customer fails to make any payment on the due date: 6.2.1 interest shall accrue on any amount overdue at the per annum interest rate *** above *** from time to time as published in the "Money Rates" section of The Wall Street Journaldate then, on the 1st business day of each month, beginning with the month in which the payment became delinquent, with interest to accrue on a day to day basis both before and after judgement, adjust monthly on the 1st day of each month, beginning with the second month of delinquency, and be calculated on the number of days such payment is delinquent; and 6.2.2 For so long as such payment delinquency remains uncured, LB shall, at its sole discretion, and without prejudice to any other right or remedy available to the Company, the Company shall be entitled to: 4.4.1. Cancel the Contract or suspend any further deliveries to the Customer 4.4.2. Appropriate any payment made by the Customer to such of its accrued rights, the Goods (or any Goods supplied under any other Contract between the Customer and the Company) as the Company may think fit (notwithstanding any purported appropriation by the Customer); and 4.4.3. Charge the Customer interest (both before and after any judgement) on the amount unpaid at the rate of (eight) per cent (8%) per annum above the base rate from time to time of Lloyds Bank plc or pro rata until payment is made in full 4.5. The Customer shall not be entitled to suspend withhold payment by reason of any alleged breach of Contract whether in respect of the Contract or any other contract between the Customer and the Company, nor shall the Customer be entitled to set off against any amount payable under the Contract to the Company any monies owed by the Company to the Customer on any account whatsoever, whether such a right is conferred on the Customer by statute or otherwise 4.6. Where any Contract formed with the Customer is severable or invoices more than one delivery each delivery shall constitute a contract in itself and shall be paid separately in accordance with condition 4.2 above. 4.7. The Company reserves the right, by giving notice to the Customer at any time before delivery, to increase the price of the Goods to reflect any increase in costs between the date of the order and the date of delivery of the Goods and/or provision of Services to the Services orCompany, if Customer has not remedied such payment delinquency within *** which is due to any factor beyond the control of the receipt by Customer of notice of nonpayment Company, and demand such increased costs (with VAT thereon) will be added to the invoice for remedy, to treat the Agreement Customer’s order as repudiated.soon as reasonably practicable thereafter)

Price and Terms of Payment. 6.1 Unless otherwise indicated 3.1 The Purchaser shall pay the Total Purchase Price of each batch of Products in writing by LB, all prices and charges payable to Lonza are exclusive of Value Added Tax or of any other applicable taxes, levies, imposts, duties and fees of whatever nature imposed by or under the authority of any government or public authority, which shall be paid by the Customer (other than taxes on LB's income). LB shall add all such taxes as separate line items on invoices. All invoices are strictly net and payment must be made within thirty (30) days of Customer's receipt of invoice. Notwithstanding the foregoing, no amounts shall be invoiced until such amounts are then due and payable tranches in accordance with the Schedules payment schedule as set forth in Appendix B. 3.2 All sums payable by the Purchaser to this AgreementBITMAIN shall not be subject to any abatement, including without limitation and as appropriate the completion of the related Services and Customer's receipt and acceptance of the related Deliverablesset-off, claim, counterclaim, adjustment, reduction, or defense for any reason. The invoices shall be in ***Unless otherwise explicitly specified herein, any and all payments made by Customer the Purchaser (including, without limitation, the payment of the Total Purchase Price) are not refundable, but shall be made in ***held for credit on Purchaser’s future purchases if unused. Without prejudice to the foregoing, the Parties acknowledge and agree that BITMAIN shall be entitled to deduct from, set-off and apply any and all deposits and balance of the Purchaser for any sums owed by the Purchaser to BITMAIN, including but not limited to any liquidated damages, indemnities, liabilities, etc. 6.2 3.3 In default the event that the Purchaser fails to fully settle the respective percentage of payment on due date: 6.2.1 interest shall accrue on the Total Purchase Price with respect to any amount overdue at applicable batch before the per annum interest rate *** above *** from time to time as published prescribed deadline(s) set forth in the "Money Rates" section of The Wall Street JournalAppendix B without BITMAIN’s prior written consent, on the 1st business day of each month, beginning with the month in which the payment became delinquent, with interest to accrue on a day to day basis both before and after judgement, adjust monthly on the 1st day of each month, beginning with the second month of delinquency, and be calculated on the number of days such payment is delinquent; and 6.2.2 For so long as such payment delinquency remains uncured, LB shallBITMAIN, at its sole discretion, shall be entitled to: (a) charge default interest on all unpaid amount with respect to each applicable batch, at the rate of twelve percent (12%) per annum; and without prejudice (b) continue to perform its obligations with respect to such applicable batch, provided that, in each case, any and all the losses, claims, damages or liabilities that BITMAIN may suffer shall be fully indemnified by the Purchaser. V3.1. 20221230(US) Pages 5 of NUMPAGES 27 3.4 Before the Purchaser makes any payment on any batch of Product(s), the Parties shall confirm and agree on the batch of the Product(s) against which payment is being made. This confirmation shall be used to determine matters where different arrangements are applicable to different batches, including, but not limited to, defaults of the Purchaser and the product discount (if any) offered to the Purchaser. 3.5 The Purchaser shall complete the relevant order processing procedures on the official website of BITMAIN: hxxxx://xxxx.xxxxxxx.xxx (the “BITMAIN Website”) in accordance with BITMAIN’s instructions. 3.6 The Parties understand and agree that the Total Purchase Price is inclusive of the insurance (as set forth in Clause 2 of the Appendix A) fee and applicable bank transaction fee, but is exclusive of the logistics costs of shipping from BTIMAIN’s factory to the designated place of the Purchaser, relevant maintenance or other applicable costs of the Purchaser to purchase the Products, and any and all applicable import duties, taxes (any value-added taxes, sales and use tax and other similar turnover tax) and governmental charges. 3.7 The Purchaser is responsible for being compliant with tax filing requirement regulated by any federal, state or local taxing authority in the United States regarding all applicable taxes, including, but not limited to sales and use tax, value-added taxes and any other governmental charges and duties connected with the services provided by BITMAIN or the payment of its accrued rightsany amounts hereunder. The Purchaser agrees to provide BITMAIN with the tax payment certificate or acknowledgement or the confirmation email issued by the relevant state tax authorities regarding the abovementioned taxes as applicable. 3.8 The Purchaser shall indemnify and hold BITMAIN harmless from and against any and all liability of tax filing, be entitled claims, late payment interest, fines, penalties in relation to suspend sales and use tax, value- added taxes and any other governmental charges and duties connected with the provision services provided by BITMAIN or the payment of the Services or, if Customer has not remedied such payment delinquency within *** of the receipt by Customer of notice of nonpayment and demand for remedy, to treat the Agreement as repudiatedany amounts hereunder.

Price and Terms of Payment. 6.1 Unless 7.1. The price of the Goods shall be iFlex’s quoted price and, unless otherwise indicated in writing by LBquoted, all prices and charges payable to Lonza are shall be exclusive of Value Added Tax or of any other applicable taxes, levies, imposts, duties and fees of whatever nature imposed by or under the authority of any government or public authority, which shall be paid by the Customer (other than taxes on LB's income). LB shall add all such taxes as separate line items on invoices. All invoices are strictly net and payment must be made within thirty (30) days of Customer's receipt of invoice. Notwithstanding the foregoing, no amounts shall be invoiced until such amounts are then due and payable in accordance with the Schedules to this Agreement, including without limitation and as appropriate the completion of the related Services and Customer's receipt and acceptance of the related Deliverables. The invoices shall be in ***, and all payments made by Customer shall be made in ***VAT. 6.2 In default of payment on due date: 6.2.1 interest shall accrue on any amount overdue at 7.2. It is noted that the per annum interest rate *** above *** price for the Goods may be payable from time to time in another currency. In such an event, the rate of exchange to be used in computing the amount of currency payable by the Customer shall be determined by iFlex’s nominated Bank from time to time, in accordance with its policies. 7.3. The Customer shall be obliged to pay to iFlex, in addition to the Order price herein: 7.3.1. the amount of any tax, duty or other charge of any nature whatsoever imposed by any law, regulation or enactment of whatsoever nature which comes into force on a date after the date on which any price charged is determined; 7.3.2. any other additional costs of any nature whatsoever arising due to factors beyond the control of iFlex. In particular, but without limiting the generality of the foregoing, iFlex shall be entitled to increase the purchase price in respect of any Goods supplied in order to make provision for any increases in cost arising as published a result of, or during the period of, any delay caused by the Customer; 7.3.3. any expense incurred by iFlex at the instance of the Customer in modifying or otherwise altering or making additions to the quantities or specifications for the Goods, and any expenses arising as a result of suspension of work by iFlex due to instructions given, or a failure to give instruction, by the Customer shall be added to the purchase price in respect of the relevant Goods. 7.4. All amounts, fees and/or charges payable in terms of this Agreement, are exclusive of bank charges and all applicable taxes and duties, which taxes and duties shall be payable by the Customer. The Customer shall ensure that all payments are made free of bank charges. 7.5. All pricing terms provided to the Customer by iFlex are confidential, and the Customer agrees not to disclose them to any third-party. 7.6. Unless otherwise agreed in writing, iFlex shall invoice all Customers for the price of the Goods in advance. 7.7. The Customer shall pay all amounts due to iFlex in the "Money Rates" section manner designated by iFlex in full, free from set off and/or deduction. 7.8. The time for payment shall be of The Wall Street Journalessence in terms of this Agreement. 7.9. Unless otherwise agreed in writing between the Customer and iFlex, if the Customer fails to make any payment on the 1st business day of each monthdue date, beginning with the month in which the payment became delinquent, with interest to accrue on a day to day basis both before and after judgement, adjust monthly on the 1st day of each month, beginning with the second month of delinquency, and be calculated on the number of days such payment is delinquent; and 6.2.2 For so long as such payment delinquency remains uncured, LB shall, at its sole discretion, and then without prejudice to any other right or remedy available to iFlex, iFlex shall be entitled, in its sole and absolute discretion, without any liability to the Customer, to: 7.9.1. immediately suspend the delivery of the Goods under this Agreement and/or any other contract/s entered into between iFlex and the Customer then current and without notice; 7.9.2. charge the Customer interest (both before and after any judgment) on the overdue amounts at the Prime Rate, plus any additional costs incurred by iFlex related to collections, as a result of Customer's failure to make any payment on the due date; and/or 7.9.3. cancel the contract or suspend any further Orders and/or deliveries to the Customer. 7.10. Should a Customer who holds multiple accounts with iFlex default on one or more of such accounts, then iFlex shall be entitled, in its accrued rightssole and absolute discretion, to suspend any further deliveries of Goods until such time until all accounts for that Customer are brought up to date. 7.11. The Customer shall not be entitled to suspend withhold payment of any sum to iFlex because of any disputed claims by the provision Customer in respect of any alleged faulty or defective Goods and/or any other alleged breach of contract, nor shall the Customer be entitled to make any deduction or set-off from such sums due from the Customer to iFlex unless the amount involved in any deduction or set-off has been first accepted by iFlex in writing. 7.12. The Customer is responsible for providing complete and accurate billing and contact information to iFlex, and notifying iFlex of any changes to such information. 7.13. A certificate issued by any manager of iFlex, whose authority, appointment and signature it shall not be necessary to prove, that purports to certify any indebtedness of the Services orCustomer to iFlex for the Goods, if Customer has not remedied shall constitute prima facie proof of such payment delinquency within *** of indebtedness, delivery, performance or non-payment, as the receipt by Customer of notice of nonpayment and demand for remedy, to treat the Agreement as repudiatedcase may be.

Price and Terms of Payment. 6.1 Unless otherwise indicated 3.1 The Purchaser shall pay the Total Purchase Price of each batch of Products in writing by LB, all prices and charges payable to Lonza are exclusive of Value Added Tax or of any other applicable taxes, levies, imposts, duties and fees of whatever nature imposed by or under the authority of any government or public authority, which shall be paid by the Customer (other than taxes on LB's income). LB shall add all such taxes as separate line items on invoices. All invoices are strictly net and payment must be made within thirty (30) days of Customer's receipt of invoice. Notwithstanding the foregoing, no amounts shall be invoiced until such amounts are then due and payable tranches in accordance with the Schedules payment schedule as set forth in Appendix B. 3.2 All sums payable by the Purchaser to this AgreementBITMAIN shall not be subject to any abatement, including without limitation and as appropriate the completion of the related Services and Customer's receipt and acceptance of the related Deliverablesset-off, claim, counterclaim, adjustment, reduction, or defense for any reason. The invoices shall be in ***Unless otherwise explicitly specified herein, any and all payments made by Customer the Purchaser (including, without limitation, the payment of the Total Purchase Price) are not refundable, but shall be made in ***held for credit on Purchaser’s future purchases if unused. Without prejudice to the foregoing, the Parties acknowledge and agree that BITMAIN shall be entitled to deduct from, set-off and apply any and all deposits and balance of the Purchaser for any sums owed by the Purchaser to BITMAIN, including but not limited to any liquidated damages, indemnities, liabilities, etc. 6.2 3.3 In default the event that the Purchaser fails to fully settle the respective percentage of payment on due date: 6.2.1 interest shall accrue on the Total Purchase Price with respect to any amount overdue at applicable batch before the per annum interest rate *** above *** from time to time as published prescribed deadline(s) set forth in the "Money Rates" section of The Wall Street JournalAppendix B without BITMAIN’s prior written consent, on the 1st business day of each month, beginning with the month in which the payment became delinquent, with interest to accrue on a day to day basis both before and after judgement, adjust monthly on the 1st day of each month, beginning with the second month of delinquency, and be calculated on the number of days such payment is delinquent; and 6.2.2 For so long as such payment delinquency remains uncured, LB shallBITMAIN, at its sole discretion, shall be entitled to: (a) charge default interest on all unpaid amount with respect to each applicable batch, at the rate of twelve percent (12%) per annum; and without prejudice (b) continue to perform its obligations with respect to such applicable batch, provided that, in each case, any and all the losses, claims, damages or liabilities that BITMAIN may suffer shall be fully indemnified by the Purchaser. V3.1.20221230(US) Pages 5 of NUMPAGES 27 3.4 Before the Purchaser makes any payment on any batch of Product(s), the Parties shall confirm and agree on the batch of the Product(s) against which payment is being made. This confirmation shall be used to determine matters where different arrangements are applicable to different batches, including, but not limited to, defaults of the Purchaser and the product discount (if any) offered to the Purchaser. 3.5 The Purchaser shall complete the relevant order processing procedures on the official website of BITMAIN: xxxxx://xxxx.xxxxxxx.xxx (the “BITMAIN Website”) in accordance with BITMAIN’s instructions. 3.6 The Parties understand and agree that the Total Purchase Price is inclusive of the insurance (as set forth in Clause 2 of the Appendix A) fee and applicable bank transaction fee, but is exclusive of the logistics costs of shipping from BTIMAIN’s factory to the designated place of the Purchaser, relevant maintenance or other applicable costs of the Purchaser to purchase the Products, and any and all applicable import duties, taxes (any value-added taxes, sales and use tax and other similar turnover tax) and governmental charges. 3.7 The Purchaser is responsible for being compliant with tax filing requirement regulated by any federal, state or local taxing authority in the United States regarding all applicable taxes, including, but not limited to sales and use tax, value-added taxes and any other governmental charges and duties connected with the services provided by BITMAIN or the payment of its accrued rightsany amounts hereunder. The Purchaser agrees to provide BITMAIN with the tax payment certificate or acknowledgement or the confirmation email issued by the relevant state tax authorities regarding the abovementioned taxes as applicable. 3.8 The Purchaser shall indemnify and hold BITMAIN harmless from and against any and all liability of tax filing, be entitled claims, late payment interest, fines, penalties in relation to suspend sales and use tax, value- added taxes and any other governmental charges and duties connected with the provision services provided by BITMAIN or the payment of the Services or, if Customer has not remedied such payment delinquency within *** of the receipt by Customer of notice of nonpayment and demand for remedy, to treat the Agreement as repudiatedany amounts hereunder.