Reduction of Fees. In the event that:
(a) after redemption in full of the Intercompany Loans; or
(b) after service of an Intercompany Loan Enforcement Notice and payment of all other prior claims, the remaining sums available to the Mortgages Trustee or remaining proceeds of enforcement are insufficient to satisfy in full the outstanding fees or other claims of the Administrator, such fees shall be reduced by the amount of the deficiency.
Reduction of Fees or Reimbursement to the Fund ---------------------------------------------- If in any fiscal year the aggregate expenses of the Fund (including fees pursuant to this Agreement and the Fund's administration agreement, but excluding distribution fees, interest, taxes, brokerage and extraordinary expenses) exceed the expense limitation of any state having jurisdiction over the Fund, the Adviser will reduce its fees or reimburse the Fund for such excess expense in the same proportion as its advisory fee bears to the Fund's combined fee for investment advice and administration. The Adviser's obligation to reduce its fees or reimburse the Fund will be limited to the amount of its fees received pursuant to this Agreement. Such reduction in fees or reimbursement, if any, will be estimated, reconciled and, in the case of reimbursement, paid on a quarterly basis.
Reduction of Fees. Bargaining unit employees shall continue to be eligible for reduction of fees as afforded to other University employees.
Reduction of Fees. If the System Availability agreed to as part of the Service Level Agreement is not met to the extent of the percentages set forth below, the fees owed by You for the prior calendar month shall be reduced as follows:
Reduction of Fees. The Manager and the Sub-Adviser hereby agree that the fees of the Sub-Adviser pursuant to this Agreement shall be subject to reduction or waiver in the event that the Manager reduces or waives all or a portion of the Management fee otherwise due to the Manager pursuant to the Management Agreement in order to permit the Fund to meet its initial target expense ratio of 0.75 of 1%. To the extent Fund meets its initial target expense ratio including partial or full Management fees, the Sub-adviser shall not be required to waive fees in order for the Fund to maintain expenses below the target expense ratio. Such reduction or waiver shall be effective with respect to the Sub-Advisory fee due hereunder upon thirty (30) days written notice (or facsimile) by the Manager to the Sub-Adviser. All such reductions of the Management fee pursuant to notice as provided herein shall be shared by and assessed against the Manager and the Sub-Adviser equally rather than pro rata. Nothing in this section 8 shall be interpreted to limit the ability of the Manager and the Sub-Adviser to voluntarily and immediately waive or reduce any portion of their respective fees nor shall any such voluntary and immediate fee reduction or waiver be construed as a waiver by the Sub-Adviser of the notice provision in any future fee reductions or waivers as provided for herein.
Reduction of Fees. Applicants in applications for invention patents, utility models and industrial designs who prove that they do not earn sufficient income to afford the cost relating to the applications for maintaining such rights may be entitled to a reduction of eighty percent of all fees, up until the fifth annual fee, if so requested prior to filing the respective application.
Reduction of Fees. If Service Provider ceases to perform any particular Service (including portions thereof) pursuant to a request made by a Recipient on behalf of that Recipient under Section 10.3, thereafter the applicable monthly Fee for that Recipient shall be reduced to an amount equal to the fees for those Services that are still being provided. If the Parties are unable to agree upon the applicable reduction in fees for the applicable reduced Services, then Service Provider shall, upon the written request of such Recipient, to the extent disclosable to such Recipient under third party contracts, furnish to such Recipient reasonable existing documentation required to substantiate the proposed reduction; provided that to the extent such documentation is not disclosable to such Recipient under such third party contracts, Service Provider shall provide such documentation to the extent practicable without breaching such contracts and shall otherwise certify as to the amounts payable under such third party contracts.
Reduction of Fees. 11.1 Subject always to clauses 5 and 6 above, in the event that AXN exercises its right to render the exclusive rights licensed to Sky, with respect to the AXN Channel (meaning, for sake of clarity only, one or more of the following Channels: AXN SD Channel, AXN HD Channel, AXN+1 Channel), non-exclusive in the Exclusive Territory pursuant to clause 5.4 above, then, from the first day following the expiry of the Notice Period (as defined under clause 5.4 above) referred to the AXN Channel, the following provisions shall start to apply:
(A) the monthly licence fees set forth under clause 10.1.1 above with respect to the AXN Channel shall be automatically reduced to Euro 554,166 (five hundred and fifty four thousand, one hundred and sixty six) (“Reduced License Fee for AXN”);
(B) in addition to the above, in the event that the "Third Party CPS" (as defined and calculated below) is lower than the "Average Channel CPS" (as defined and calculated below), AXN shall notify Sky of such Third Party CPS. From the time such Third Party CPS applies, and during the period the Third Party CPS is lower than the Average Channel CPS, the Licence Fees payable by AXN for the AXN Channel hereunder shall be adjusted so that the Average Channel CPS is equal to the Third Party CPS. For the purposes of this clause 11.1:
1) the “Third Party CPS” shall be calculated by (A) taking the outcome of (a) – (b), where (a) is equal to the amount of the licence fee payable to AXN and/or to any Affiliate of AXN by any Third Party authorised by AXN and/or its Affiliates to Distribute the AXN SD Channel, and/or (as the case may be) the AXN HD Channel and/or the AXN+1 Channel in the Territory over the same month and (b) is equal to any cash contractually payable, over the same month, by AXN and/or its Affiliates to such Third Party pursuant to the agreement in force with such Third Party for the distribution of the AXN SD Channel, and/or (as the case may be) the AXN HD Channel and/or the AXN+1 Channel ; and (B) by dividing such outcome under (A) by the average number of “Third Party Residential Subscribers to the AXN Channel”, throughout the entire relevant month. “Third Party Residential Subscribers to the AXN Channel” shall mean those persons who have entered into any agreement whatsoever (including, without limitation, any subscription agreement) with any such Third Party and are duly enabled to receive the AXN SD Channel, and/or (as the case may be) the AXN HD Channel and/or the AXN+1 Channe...
Reduction of Fees. Section 2(a), Compensation-Fixed Compensation, is hereby deleted and the following substituted in its place: Effective and commencing November 1, 2013, the Corporation shall pay XXXXX $24,576 each month during the remainder of the Term (i.e., through December 31, 2013).
Reduction of Fees. If Service Provider ceases to perform any particular Service or Sub-Service pursuant to a request made by Service Recipient under Section 8.3 and Service Provider is no longer incurring a cost for such Services or Sub-Services, thereafter the applicable monthly Service Fee shall be reduced to an amount equal to the fees for those Services or Sub-Services which are still being provided. If the Parties are unable to agree upon the applicable reduction in fees for the applicable reduced Services or Sub-Services, then such failure to agree shall be considered a dispute between the Parties subject to Section 3.5 and Section 14.2 and Service Provider shall, upon the written request of Service Recipient, furnish to Service Recipient reasonable documentation required to substantiate the proposed reduction.
