Common use of Remuneration and Payment Terms Clause in Contracts

Remuneration and Payment Terms. 6.1. Unless otherwise agreed, the services shall be invoiced on a time and material basis at our current prices under our respective valid Service Policy. This shall also apply, in particular, to technical documentation, reports, evaluations of measurements and inspections to be elaborated in connection with the contract. Material expenditure shall also include the costs for the use of special tools and equipment as well as consumable material. Travel times, a reasonable prep- aration and postprocessing time shall be deemed to be working time. All costs, e.g. for freight, insurance, export, transit, import and other permits as well as authentications, shall be at the Orderer’s expense. The Orderer shall also bear all taxes, dues, fees, customs and the like and the related administrative costs as well as secondment, visa and A1 registration costs charged in connection with the contract or its performance. To the extent that costs of this sort are charged to us or our auxiliary persons, the Orderer shall reimburse them after presentation of the receipts. Surcharges for performances outside our regular working hours shall be invoiced at our current prices under our re- spective valid Service Policy. 6.2. All prices shall be subject to the respective applicable statutory VAT in euros. Our prices shall always be quoted without cash discount and other reductions. In the absence of a separate agreement, payment is to be effected freely to us without any deduction. Unless otherwise agreed, all invoices shall be payable 30 days after invoicing. In case of mutual trading operations, we shall be entitled to claim maturity interest under sect. 353 HGB (German Commercial Code). 6.3. Default interest is to be paid for default of payment, irrespective of the assertion of any further damage caused by default. In this case, we shall be entitled to claim default interest in the statutory amount (sect. 247, 288 BGB). We shall be entitled to demonstrate and assert a higher damage caused by default. 6.4. The Orderer shall sign the service report. If the Orderer causelessly fails to sign the service report at all or in due time, the records of our staff shall be used as billing basis. 6.5. Unless otherwise agreed, transports, disassembly, assembly, installation and the like shall be at the Orderer’s expense and risk. We shall invoice travel, transport, accommodation and other costs to the Orderer according to expenditure. 6.6. We shall notify the Orderer of the inspection outcome before commencing the services and shall assume no warranty for indications about the amount of the costs to be expected. If the Orderer waives the execution of the services after the inspection, we shall invoice the inspection costs separately to the Orderer. 6.7. We may claim a down payment from the Orderer before executing the services. If the down payment is not rendered as per contract, we shall be entitled to abide by or to withdraw from the contract and to claim damages in both cases. We may change the payment method over to prepayment in individual cases. 6.8. The Orderer may set off claims only against claims that are uncontested or have been finally and non-appealably established. The assertion of any right of retention on account of claims that have not been acknowledged or finally and non-appealably established shall be excluded, unless these claims are based on the same contractual relationship.

Remuneration and Payment Terms. 6.19.1. Remuneration is as stated in the Project Agreement. 9.2. The Parties acknowledge and agree that the Remuneration is a lump-sum remuneration settling all Services and costs of the Subcontractor in accordance with the Project Agreement unless otherwise stated in this Agreement, the Remuneration shall be fixed and not subject to any variation, rise or fall, including variation in the cost of labour, material or exchange rates. The Subcontractor shall be responsible for the payment of all relevant Australian (Federal, State and Local Government) and overseas taxes, duties and charges with respect to the Services. The Remuneration is deemed to be inclusive of all such taxes, duties and charges. 9.3. Remuneration for any additional services directed by Xxxxxxxxx shall be agreed between the Parties prior to them being performed. If there is no prior agreement, the Xxxxxxxxx may direct the Subcontractor to carry out the additional services. The Subcontractor must carry out the additional services. 9.4. Unless otherwise agreedspecified in this Agreement, any claim for payment of the services Remuneration shall be invoiced on a time and material basis at our current prices under our respective valid Service Policy. This shall also apply, submitted to Xxxxxxxxx in particular, to technical documentation, reports, evaluations of measurements and inspections to be elaborated in connection accordance with the contractProject Agreement and must: (a) bear a reference to the Project Agreement number and contain information about partial, complete or final delivery; (b) contain information about the percentage share of the Services which is being claimed; (c) include all Supporting Documents; and (d) be accompanied with Xxxxx 5 Subcontractor’s Statement. 9.5. Material expenditure shall also include Payment claims not fulfilling the costs aforementioned and Legislative Requirements applicable to the State in which the Site is located will not be processed and will be returned to the Subcontractor for correction and resubmission. 9.6. Subject to the use of special tools Subcontractor’s compliance with Clause 9.4 and equipment as well as consumable material. Travel times, Xxxxxxxxx receiving a reasonable prep- aration and postprocessing time tax invoice in accordance with the GST law (otherwise withholding tax shall be deemed to be working time. All costsdeducted), e.g. Xxxxxxxxx shall pay part or the whole of the Remuneration within 21 days after submission of the Subcontractor’s claim for freight, insurance, export, transit, import and other permits as well as authentications, shall be at the Orderer’s expensepayment. The Orderer payment of moneys shall also bear all taxes, dues, fees, customs and the like and the related administrative costs as well as secondment, visa and A1 registration costs charged in connection with the contract or its performance. To the extent that costs of this sort are charged to us or our auxiliary persons, the Orderer shall reimburse them after presentation not imply Xxxxxxxxx’x acceptance of the receipts. Surcharges for performances outside our regular working hours Services and shall not be invoiced at our current prices under our re- spective valid Service Policyevidence that the Services performed are satisfactory or in accordance with this Agreement. 6.2. All prices shall be subject to the respective applicable statutory VAT in euros. Our prices shall always be quoted without cash discount and other reductions9.7. In the absence of a separate agreementevent that Xxxxxxxxx disputes the Subcontractor's payment claim under Clause 9.4, payment Xxxxxxxxx may notify the Subcontractor in writing within 20 days (or as identified in the Legislative Requirements applicable to the State in which the Site is to be effected freely to us without any deduction. Unless otherwise agreed, all invoices shall be payable 30 days located) after invoicing. In case of mutual trading operations, we shall be entitled to claim maturity interest under sect. 353 HGB (German Commercial Code). 6.3. Default interest is to be paid for default of payment, irrespective receipt of the assertion of any further damage caused by default. In this case, we shall be entitled to payment claim default interest in providing the statutory amount (sect. 247, 288 BGB). We shall be entitled to demonstrate and assert a higher damage caused by default. 6.4reasons for rejection. The Orderer Parties shall sign the service report. If the Orderer causelessly fails to sign the service report at all or resolve such dispute on a case by case basis by negotiating in due time, the records of our staff shall be used as billing basisgood faith. 6.5. Unless otherwise agreed, transports, disassembly, assembly, installation and the like shall be at the Orderer’s expense and risk. We shall invoice travel, transport, accommodation and other costs to the Orderer according to expenditure. 6.6. We shall notify the Orderer of the inspection outcome before commencing the services and shall assume no warranty for indications about the amount of the costs to be expected. If the Orderer waives the execution of the services after the inspection, we shall invoice the inspection costs separately to the Orderer. 6.7. We may claim a down payment from the Orderer before executing the services. If the down payment is not rendered as per contract, we shall be entitled to abide by or to withdraw from the contract and to claim damages in both cases. We may change the payment method over to prepayment in individual cases. 6.8. The Orderer may set off claims only against claims that are uncontested or have been finally and non-appealably established. The assertion of any right of retention on account of claims that have not been acknowledged or finally and non-appealably established shall be excluded, unless these claims are based on the same contractual relationship.

Remuneration and Payment Terms. 6.11. Unless otherwise agreed, the services shall be invoiced on a time and material basis at our current prices under our respective valid Service Policy. This shall also apply, in particular, to technical documentation, reports, evaluations of measurements and inspections to be elaborated in connection with the contract. Material expenditure shall also include the costs The remuneration for the use performance of special tools service actions hereunder has been agreed pursuant to the Act No. 18/1996 Coll. on Prices, as amended, and equipment does not include Value Added Tax (VAT). The Service Provider shall invoice VAT according to the rules applicable at the time of invoicing. 2. The Pricelist of Services that are the subject hereof, currently applicable on the date of signing this Agreement, is specified in Appendix No. 2. 3. The Service Provider is obliged to notify the Customer of any changes in the Pricelist of Services, as well as consumable materialchanges in the Emergency Level, in writing at least three (3) months in advance. Travel timesThe Customer approves the new Pricelist of Services by signing the updated Appendices No. 2 and 3. 4. The prices of spare parts may differ at the time of inquiry from the prices listed in the Lists of Spare Parts, which were listed at the time of delivery of the given equipment. 5. The remuneration includes all costs of the Service Provider for its performance, including transport costs. 6. The remuneration is agreed on the basis of: a. Emergency Level maintained by the Service Provider, the level of which, as specified in Appendix No. 3, was chosen by the Customer when signing this Agreement, and which is higher than level 0; b. Service Reports and Appendices thereto mutually agreed and signed; c. The Pricelist of Services of the Service Provider, which forms Appendix No. 2 hereto. 7. Service action carried out within the warranty period of the given equipment will not be charged after a reasonable prep- aration and postprocessing time justified claim has been accepted. 8. The Service Provider shall issue invoices in accordance with applicable legal regulations as follows: a. Invoicing of a selected Emergency Level higher than 0 shall be deemed performed on a monthly basis, always on the first day of the given month, with invoices to be working time. All costs, e.g. for freight, insurance, export, transit, import due in fourteen (14) calendar days; b. Invoicing of the performed services and other permits as well as authentications, deliveries shall be at performed within fifteen (15) days of the Orderer’s expenseCustomer taking over the service works and deliveries, based on the Service Reports and Appendices thereto confirmed by both Parties, with invoices to be due in fourteen (14) calendar days. 9. The Orderer invoice for the performed service shall also bear all taxesbe accompanied by the Service Reports and Appendices thereto signed by the contact person of the Customer, dues, fees, customs thereby confirming the acceptance of the service works and the like supplied spare parts. 10. Invoices shall be due within fourteen (14) working days from the day when issued by the Service Provider and delivered to the related administrative costs as well as secondment, visa and A1 registration costs charged in connection with Customer at its billing address. 11. The invoice shall contain all the contract or its performance. To the extent that costs of this sort are charged to us or our auxiliary personsdetails stipulated by applicable legal regulations; otherwise, the Orderer shall reimburse them after presentation of Customer is entitled to return the receipts. Surcharges for performances outside our regular working hours shall be invoiced at our current prices under our re- spective valid Service Policy. 6.2. All prices shall be subject invoice to the respective applicable statutory VAT in euros. Our prices shall always be quoted without cash discount and other reductions. In Service Provider within the absence of a separate agreement, payment is to be effected freely to us without any deduction. Unless otherwise agreed, all invoices shall be payable 30 days after invoicing. In case of mutual trading operations, we shall be entitled to claim maturity interest under sect. 353 HGB (German Commercial Code). 6.3. Default interest is to be paid for default of payment, irrespective of the assertion of any further damage caused by defaultdue date. In this case, we the due date shall be entitled begin to claim default interest in apply from the statutory amount (sect. 247, 288 BGB). We shall be entitled delivery of a new and correctly issued invoice to demonstrate and assert a higher damage caused by defaultthe Customer. 6.412. The Orderer shall sign Parties have agreed that, pursuant to Section 364 of the service reportCommercial Code, they can set off each other's claims arising hereupon. If The Party that carries out the Orderer causelessly fails to sign the service report at all or in due time, the records of our staff shall be used as billing basis. 6.5. Unless otherwise agreed, transports, disassembly, assembly, installation and the like shall be at the Orderer’s expense and risk. We shall invoice travel, transport, accommodation and other costs to the Orderer according to expenditure. 6.6. We set-off shall notify the Orderer other Party of the inspection outcome before commencing the services and shall assume no warranty for indications about the amount of the costs to be expected. If the Orderer waives the execution of the services after the inspection, we shall invoice the inspection costs separately to the Ordererthis fact without delay. 6.713. We may claim a down payment from The monetary obligation is fulfilled when the Orderer before executing owed amount credited the services. If Service Provider's account indicated on the down payment is not rendered as per contract, we shall be entitled to abide by or to withdraw from the contract and to claim damages in both cases. We may change the payment method over to prepayment in individual casesinvoice. 6.814. The Orderer may set off claims only against claims that are uncontested or have been finally and non-appealably established. The assertion of In case any right of retention on account of claims that due receivables have not been acknowledged or finally paid by the Customer, the Service Provider has the right not to proceed with the given service action. The Service Provider shall bear no liability for any and non-appealably established shall be excluded, unless these claims are based on the same contractual relationshipall direct and indirect damages caused by such an event.

Remuneration and Payment Terms. 6.18.1 In consideration of the provision of the Services under this Agreement by ECA: (a) the Customer shall pay the Fixed Fees to ECA. Unless otherwise ECA shall invoice the Customer for the Fixed Fees in accordance with the Payment Schedule. If the Payment Schedule is not agreed, ECA shall invoice for the Fixed Fees on an annual basis at the beginning of each Year. The Customer shall pay each invoice submitted to it by ECA in accordance with the Payment Schedule. If the Payment Schedule is not agreed, the services Customer shall pay each such invoice by BACS or the Barclays subscription manager service within thirty (30) days of receipt to a bank account nominated in writing by ECA from time to time; and (b) ECA shall collect the Brokerage (Commission Fees) directly from the relevant supplier of utilities to which those Services relate, provided that the Customer shall remain liable at all times for the full amount of Brokerage (Commission Fees) due until payment has been made. 8.2 ECA reserves the right to increase the Fees as follows: (a) during the Term, if ECA manages the relationship between the Customer and a supplier of utilities in respect of which ECA has brokered the relationship, ECA reserves the right to increase the Brokerage (Commission Fee) to include a proportionate management fee; (b) ECA reserves the right to increase the Fees on an annual basis with effect from each anniversary of the Effective Date in line with the percentage increase in the Retail Price Index (as defined by the Office of National Statistics) in the preceding 12-month period; (c) the Parties acknowledge that the Fees are calculated on the basis of certain assumptions made by ECA in relation to the Services and with regard to the information provided to ECA by the Customer. In the event that the assumptions or information on which the Retainer Fees are based are revealed to be invoiced on a materially inaccurate, including but not limited to the portfolio of relevant Customer Sites, ECA reserves the right to review the Fees and vary the Fees from time and material basis at our current prices under our respective valid Service Policy. This shall also applyto time by agreement with the Customer, in particulareach case by giving thirty (30) days' written notice to the Customer. 8.3 If the Parties agree to vary the Fees in accordance with Clause 8.2(c) and the Customer has paid an annual Fee in advance, within thirty (30) days' of the Parties agreeing to technical documentationvary the Fees, reportsECA shall submit an invoice or credit note (as appropriate) to the Customer for the difference. 8.4 The Fees exclude the cost of hotel, evaluations of measurements subsistence, travelling and inspections to be elaborated any other ancillary expenses reasonably incurred by ECA and any individuals whom ECA engages in connection with the contractServices ("Expenses"). Material expenditure ECA shall also include submit an invoice at the costs end of each month in respect of any such Expenses incurred during that month, provided that such Expenses have been agreed in advance between the Parties. 8.5 Without prejudice to any other right or remedy that it may have, if the Customer fails to pay ECA any sum due under this Agreement on the due date: (a) the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this Clause 8.5(a) will accrue each day at 8% a year above the Bank of England's base rate from time to time, but at 8% a year for any period when that base rate is below 0%; (b) ECA may suspend all or part of the use Services until payment has been made in full. 8.6 All sums payable to ECA under this Agreement: (a) are exclusive of special tools Value Added Tax and equipment as well as consumable material. Travel timesany other equivalent sales tax ("VAT"), and the Customer shall in addition pay an amount equal to any VAT chargeable on those sums on delivery of a reasonable prep- aration and postprocessing time VAT invoice; and (b) shall be deemed paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). 8.7 In the event that this Agreement is terminated by the Customer prior to be working time. All costs, e.g. for freight, insurance, export, transit, import and other permits as well as authentications, shall be at the Orderer’s expense. The Orderer shall also bear all taxes, dues, fees, customs and the like and the related administrative costs as well as secondment, visa and A1 registration costs charged in connection with the contract or its performance. To the extent that costs of this sort are charged to us or our auxiliary persons, the Orderer shall reimburse them after presentation completion of the receipts. Surcharges for performances outside our regular working hours shall be invoiced at our current prices under our re- spective valid Service Policy. 6.2. All prices shall be subject to Services but where the respective applicable statutory VAT in euros. Our prices shall always be quoted without cash discount and other reductions. In the absence of a separate agreementServices have been partially performed, payment is to be effected freely to us without any deduction. Unless otherwise agreed, all invoices shall be payable 30 days after invoicing. In case of mutual trading operations, we shall ECA will be entitled to claim maturity interest under sect. 353 HGB (German Commercial Code). 6.3. Default interest is to be paid for default of payment, irrespective a pro rata payment of the assertion of any further damage caused by default. In this case, we shall be entitled to claim default interest in the statutory amount (sect. 247, 288 BGB). We shall be entitled to demonstrate and assert a higher damage caused by default. 6.4. The Orderer shall sign the service report. If the Orderer causelessly fails to sign the service report at all or in due time, the records of our staff shall be used as billing basis. 6.5. Unless otherwise agreed, transports, disassembly, assembly, installation and the like shall be at the Orderer’s expense and risk. We shall invoice travel, transport, accommodation and other costs Fee to the Orderer according to expenditure. 6.6. We shall notify the Orderer date of the inspection outcome before commencing the services and shall assume termination provided that there has been no warranty for indications about the amount breach of the costs to be expected. If the Orderer waives the execution of the services after the inspection, we shall invoice the inspection costs separately to the Orderer. 6.7. We may claim a down payment from the Orderer before executing the services. If the down payment is not rendered as per contract, we shall be entitled to abide by or to withdraw from the contract and to claim damages in both cases. We may change the payment method over to prepayment in individual cases. 6.8. The Orderer may set off claims only against claims that are uncontested or have been finally and non-appealably established. The assertion of any right of retention on account of claims that have not been acknowledged or finally and non-appealably established shall be excluded, unless these claims are based on the same contractual relationshippart of ECA.