PRICING, INVOICING, PAYMENT AND OTHER FINANCIAL TERMS. 6.1 Prices for Products are set forth in Attachment 6. Customer will pay the right to use fee (the "Right to Use Fee") for the Equipment and/or Software and intellectual property associated with the relevant equipment all as specified in Attachment 6. 6.2 The prices in this Agreement do not include any federal, state or local sales, use, excise or similar taxes, however designated, which may be levied or assessed on the Products or Services provided hereunder, and any personal property taxes levied or assessed on Products which have been delivered but as to which title has not passed to Customer. In no event shall Customer be liable for any personal property taxes levied or assessed on the Products unless Customer has exclusive use of such Products. With respect to such taxes, Customer will either furnish Corvis with an appropriate exemption certificate applicable thereto, or pay to Corvis, such amounts as Corvis may by law be required to collect or pay. Customer shall not be responsible for any franchise taxes payable by Corvis or any taxes based upon the net income of Corvis. 6.3 Payment terms are set forth as follows: (a) Customer will remit payment to Corvis for invoiced amounts within thirty (30) days after Customer's receipt of the invoice, which will be issued upon shipment of the Product or completion of Services, as applicable. Charges for Services and Equipment/Software will be invoiced and paid separately by Customer. (b) Customer will not be required to pay for Products or Services which are rightfully disputed, except for any Products that Customer has used in its commercial operations.
Appears in 2 contracts
Samples: Procurement Agreement (Corvis Corp), Procurement Agreement (Corvis Corp)
PRICING, INVOICING, PAYMENT AND OTHER FINANCIAL TERMS. 6.1 Prices for Products are set forth in Attachment 6. In addition, Customer will pay the right to use fee (the "Right to Use Fee") for the Equipment and/or Software and intellectual property associated with the relevant equipment all Corvis Equipment as specified in Attachment 6.
6.2 The prices in this Agreement do not include any federal, state or local sales, use, excise or similar taxes, however designated, which may be levied or assessed on the Products or Services provided hereunder, and any personal property taxes levied or assessed on Products which have has been delivered but as to which title has not passed to Customer. In no event shall Customer be liable for any personal property taxes levied or assessed on the Products unless Customer has exclusive use of such Products. With respect to such taxes, Customer will either furnish Corvis with an appropriate exemption certificate applicable thereto, or pay to Corvis, such amounts as Corvis may by law be required to collect or pay. Customer shall not be responsible for any franchise taxes payable by Corvis or any taxes based upon the net income of Corvis.
6.3 Payment terms are set forth as follows:
(a) Customer will remit payment to Corvis for invoiced amounts within thirty (30) days after Customer's the receipt of the invoice, which will be issued upon shipment of the Product or completion of Services, as applicable. Charges for Services and Equipment/Software Equipment will be invoiced and paid separately by Customer.
(b) Customer will not be required to pay for Products or Services which are rightfully disputedrejected.
6.4 In the event Corvis fails to receive payment from Customer as required herein, except Customer will have fifteen (15) calendar days to cure such non- payment after its notice of non-payment from Corvis. Payments provided for any Products that Customer has used in its commercial operationsthis Agreement, when overdue, will bear interest at a rate per month equal to 1.5 % for the time period from and including the due date until payment is received by Corvis.
6.5 Invoicing instructions will be as follows: Original Invoice Sent To:
Appears in 2 contracts
Samples: Procurement Agreement (Corvis Corp), Procurement Agreement (Corvis Corp)
PRICING, INVOICING, PAYMENT AND OTHER FINANCIAL TERMS. 6.1 Prices for Products are set forth in Attachment 6. In addition, Customer will pay the right to use fee (the "Right to Use Fee") for the Equipment and/or Software and intellectual property associated with the relevant equipment all Corvis Equipment as specified in Attachment 6.
6.2 The prices in this Agreement do not include any federal, state or local sales, use, excise or similar taxes, however designated, which may be levied or assessed on the Products or Services provided hereunder, and any personal property taxes levied or assessed on Products which have has been delivered but as to which title has not passed to Customer. In no event shall Customer be liable for any personal property taxes levied or assessed on the Products unless Customer has exclusive use of such Products. With respect to such taxes, Customer will either furnish Corvis with an appropriate exemption certificate applicable thereto, or pay to Corvis, such amounts as Corvis may by law be required to collect or pay. Customer shall not be responsible for any franchise taxes payable by Corvis or any taxes based upon the net income of Corvis.
6.3 Payment terms are set forth as follows:
(a) Customer will remit payment to Corvis for invoiced amounts within thirty (30) days [*] after Customer's the receipt of the invoice, which will be issued upon shipment of the Product or completion of Services, as applicable. Charges for Services and Equipment/Software Equipment will be invoiced and paid separately by Customer.
(b) Customer will not be required to pay for Products or Services which are rightfully disputedrejected.
6.4 In the event Corvis fails to receive payment from Customer as required herein, except Customer will have [*] calendar days to cure such non-payment after its notice of non-payment from Corvis. Payments provided for any Products that Customer has used in its commercial operationsthis Agreement, when overdue, will bear interest at a rate per month equal to [*] % for the time period from and including the due date until payment is received by Corvis.
6.5 Invoicing instructions will be as follows:
Appears in 1 contract
Samples: Procurement Agreement (Corvis Corp)
PRICING, INVOICING, PAYMENT AND OTHER FINANCIAL TERMS. 6.1 Prices for Products are set forth in Attachment 6. Customer will pay the right to use fee (the "Right to Use Fee") for the Equipment and/or Software and intellectual property associated with the relevant equipment all as specified in Attachment 6.
6.2 The prices in this Agreement do not include any federal, state or local sales, use, excise or similar taxes, however designated, which may be levied or assessed on the Products or Services provided hereunder, and any personal property taxes levied or assessed on Products which have been delivered but as to which title has not passed to Customer. In no event shall Customer be liable for any personal property taxes levied or assessed on the Products unless Customer has exclusive use of such Products. With respect to such taxes, Customer will either furnish Corvis with an appropriate exemption certificate applicable thereto, or pay to Corvis, such amounts as Corvis may by law be required to collect or pay. Customer shall not be responsible for any franchise taxes payable by Corvis or any taxes based upon the net income of Corvis.
6.3 Payment terms are set forth as follows:
(a) Customer will remit payment to Corvis for invoiced amounts within thirty (30) days after Customer's receipt of [*] Confidential materials omitted and filed separately with the invoice, which will be issued upon shipment of the Product or completion of Services, as applicableSecurities and Exchange Commission. Charges for Services and Equipment/Software will be invoiced and paid separately by CustomerAsterisks denote omissions.
(b) Customer will not be required to pay for Products or Services which are rightfully disputed, except for any Products that Customer has used in its commercial operations.
Appears in 1 contract
Samples: Procurement Agreement (Corvis Corp)