RENTALS, CHARGES, AND RATES Sample Clauses

RENTALS, CHARGES, AND RATES a. Within thirty (30) days following execution of this Agreement, Licensor shall provide Licensee with the results of Licensor’s most recent audit, including the total number of poles having pole attachments in use by Licensee. Thereafter, within forty-five (45) days after receipt of the audit, Licensee shall prepare and maintain written records reflecting the number of poles having pole attachments owned by Licensee within Licensor’s service territory. Licensee shall then report in writing to Licensor the information in the written records regarding the number of poles having pole attachments owned by Licensee within Licensor’s service territory. Licensee shall use its best efforts to ensure that the written records are accurate and current and will annually tabulate the total number of poles having Licensee’s pole attachments and report this information to Licensor in writing on or before January 1st each year, beginning in 2011. This tabulation will be utilized by Licensor in its determination of the rentals that are to be paid. The rentals shall be computed on the basis of the attached schedule (Exhibit E). If Licensor believes, in its sale discretion, that the tabulation is not accurate, it may pursue the applicable provisions contained in paragraph 17 below. In addition, within fifteen (15) days following the receipt of the audit, and consistent with paragraph 17(a), Licensee shall provide Licensor with route maps reflecting the location of Licensee’s pole attachments in Licensor’s service area. b. The yearly rental period covered by this agreement shall be the twelve-month period between January 1 and December 31. Rental payable for each such rental period during the continuance of this agreement shall be due and payable thirty (30) days following receipt of the billing invoice from Licensor. In the event Licensee disputes the charges allegedly due the Licensor under the invoice, the Licensee must explain such dispute in writing and specify which charges are disputed within thirty (30) days of the receipt of Licensor’s invoice. The Licensee shall timely pay all other portions of the invoice not disputed. The disputed portion of Licensor’s invoice must be settled and paid within thirty (30) days. If resolved in Licensor’s favor, the disputed amount will accrue interest from the original due date at the rate of eighteen percent (18%) per annum until paid. The annual rental per pole shall apply to any pole attachments made on or removed from a Licensor...

RENTALS, CHARGES, AND RATES a) Exhibit E sets forth certain charges and fees associated with pole attachments. Empire in its sole discretion may update Exhibit E, and shall provide written notice to the Licensee at least thirty (30) days before the effective date of any such update. The latest version of Exhibit E shall supersede and replace any previous versions and shall be attached to this License Agreement. b) Licensee shall pay Empire an annual rental charge based on the number of poles utilized by the Licensee at the rate set forth in Exhibit E (“Annual Rental Charge”) upon invoicing. The Annual Rental Charge shall be paid in advance in accordance with the terms of this Section. Empire shall prorate the initial Annual Rental Charge to the nearest quarter, which amount shall be added to the Cost Estimate provided in Section 3, above. Following the initial Annual Rental Charge, on or before December 31 of each year, the Licensee shall report the total number of joint use poles that will be utilized by the Licensee in the upcoming year. Empire shall utilize this report to develop an invoice for the Annual Rental Charge for the upcoming year. If Licensee fails to provide a timely report to Empire, Empire shall utilize Empire’s own records to generate said invoice. Licensee may not dispute Empire’s assessment for failing to provide a timely report. On or before February 1 of each year, the Licensee shall remit payment of the Annual Rental Charge to Empire for the upcoming year. c) Licensee shall also pay a pole permit fee as set forth in Exhibit E upon approval of any pole attachment, which fee shall be separate and in addition to the rental charges. Licensee shall pay the pole permit fee prior to attachment or any appropriate field surveys by Empire, except that Empire shall not charge a permit fee for an application for overlashing, provided the application includes a safety certification from a licensed professional engineer. d) For any unauthorized attachments, Licensee shall be subject to the charges and fees set forth in Section 11. e) Empire reserves the right to verify the report provided by the Licensee in Section 9(a) above and adjust the number of poles based on the outcome of that review. If requested Licensee shall provide Empire all GIS data evidencing the location of any pole attachments updated to the date of such request. The cost to provide the information requested by Empire shall be borne by Licensee. f) In the event that Licensee requires a source of electrical ...

RENTALS, CHARGES, AND RATES a. The Telecommunications/Internet Provider, as Licensee of the poles, agrees to pay to the Power Company, as Owner of the poles, an annual rental of ($9.00) for the use of each of the Power Company’s poles, any portion of which is occupied by, or reserved at the Telecommunication/Internet Provider’s request for the attachments of the Telecommunication/Internet Provider at any time during the rental year, unless hereinafter exempted from rental. The annual rental is due and payable for each previous rental year on the first day of the calendar year next after attachments are installed or removed. b. Failure to make payment, when due, and after the elapse of forty-five (45) calendar days from the date noted on the invoice shall bear interest at the rate of 12.0% per annum until paid. c. No rental shall be paid by the Telecommunications/Internet Provider for the use of any pole where such use consists only in the attachment of guys or attaching wires or cables for the sole purpose of providing clearance between such wires or cables and the Power Company’s pole or attachments.

RENTALS, CHARGES, AND RATES. Parties that have executed a Pole Attachment and Joint Use License Agreement may reserve a portion of the capacity on designated Grantor’s Poles where a party’s Facilities are proposed to be placed by providing Grantor with a list of the proposed locations. No rental fees shall be required until the capacity on Grantor’s Poles becomes fully subscribed (i.e., the capacity of the poles at issue are fully reserved) or the party applies to Grantor for an attachment under Article IV and begins placing its Facilities on Grantor’s Poles, whichever comes first. Under circumstances where the capacity of the poles at issue are fully reserved, Licensee may terminate its Pole Attachment and Joint Use License Agreement releasing its capacity reservation and pay no rental fees; however, Licensee will have no right to use Grantor’s poles until another Pole Attachment and Joint Use License Agreement is executed. The appropriate rental fee shall be calculated and billed as set forth in this Article XI.

RENTALS, CHARGES, AND RATES

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Taxes, Charges and Liens Pay and discharge when due all of its indebtedness and obligations, including without limitation all assessments, taxes, governmental charges, levies and liens, of every kind and nature, imposed upon Borrower or its properties, income, or profits, prior to the date on which penalties would attach, and all lawful claims that, if unpaid, might become a lien or charge upon any of Borrower’s properties, income, or profits. Provided however, Xxxxxxxx will not be required to pay and discharge any such assessment, tax, charge, xxxx, xxxx or claim so long as (1) the legality of the same shall be contested in good faith by appropriate proceedings, and (2) Borrower shall have established on Borrower’s books adequate reserves with respect to such contested assessment, tax, charge, levy, lien, or claim in accordance with GAAP.
Taxes, Charges and Expenses On the issuance of a replacement Note under Section 2.7(a), (i) the Issuer may require the Noteholder of the Note to pay an amount to cover any taxes or other governmental charges imposed and any other reasonable expenses incurred for the replacement Note, (ii) the Indenture Trustee will, for a mutilated Note, cancel the Note and (iii) the Note Registrar will record in the Note Register that the destroyed, lost or stolen Note no longer has the benefits of this Indenture.
Fees, Charges and Expenses The Corporation agrees promptly to pay the Depository the compensation to be agreed upon with the Corporation for all services rendered by the Depository hereunder and to reimburse the Depository for its reasonable out-of-pocket expenses (including reasonable counsel fees and expenses) incurred by the Depository without negligence, willful misconduct or bad faith on its part (or on the part of any agent or Depository’s Agent) in connection with the services rendered by it (or such agent or Depository’s Agent) hereunder. The Corporation shall pay all charges of the Depository in connection with the initial deposit of the Stock and the initial issuance of the Depositary Shares and any redemption or exchange of the Stock at the option of the Corporation. The Corporation shall pay all transfer and other taxes and governmental charges arising solely from the existence of the depository arrangements. All other transfer and other taxes and governmental charges shall be at the expense of Holders of Depositary Shares evidenced by Receipts. If, at the request of a Holder of Receipts, the Depository incurs charges or expenses for which the Corporation is not otherwise liable hereunder, such Holder will be liable for such charges and expenses; provided, however, that the Depository may, at its sole option, request that the Corporation direct a Holder of a Receipt to prepay the Depository any charge or expense the Depository has been asked to incur at the request of such Holder of Receipts. The Depository shall present its statement for charges and expenses to the Corporation at such intervals as the Corporation and the Depository may agree.
Sales Charges and Concessions On each purchase of Shares by you (but not including the reinvestment of any dividends or distributions), you shall be entitled to receive such dealer allowances, concessions, sales charges or other compensation, if any, as may be set forth in the Prospectus. Sales charge reductions and discounts may be available as provided in the Prospectus. To obtain any such reductions, the Company or its transfer agent must be notified promptly when a transaction or transactions would qualify for the reduced charge and you must submit information that is sufficient (in the discretion of the Company) to substantiate qualification therefor. The foregoing shall include advising us of any Letter of Intent signed by your customer or of any Right of Accumulation available to such customer. If you fail to so advise the Fund, you will be liable for the return of any commissions plus interest thereon. Rights of accumulation (including rights under a Letter of Intent) are available, if at all, only as set forth in the Prospectus, and you authorize any adjustment to your account (and will be liable for any refund) to the extent any allowance, discount or concession is made and the conditions therefor are not fulfilled. Each price is always subject to confirmation, and will be based upon the net asset value next determined after receipt of an order that is in good form. If any Shares purchased are tendered for redemption or repurchased by the Fund for any reason within seven business days after confirmation of the purchase order for such Shares, you agree to promptly refund the full sales load or other concession and you will forfeit the right to receive any compensation allowable or payable to you on such Shares. The Fund reserves the right to waive sales charges. You represent to us that you are eligible to receive any such sales charges and concessions paid to you by us under this section.
Interest Fees and Charges 1Interest
Loan Charges Neither this Note nor any of the other Loan Documents shall be construed to create a contract for the use, forbearance or detention of money requiring payment of interest at a rate greater than the Maximum Interest Rate. If any applicable law limiting the amount of interest or other charges permitted to be collected from Borrower in connection with the Loan is interpreted so that any interest or other charge provided for in any Loan Document, whether considered separately or together with other charges provided for in any other Loan Document, violates that law, and Xxxxxxxx is entitled to the benefit of that law, that interest or charge is hereby reduced to the extent necessary to eliminate that violation. The amounts, if any, previously paid to Lender in excess of the permitted amounts shall be applied by Lender to reduce the unpaid principal balance of this Note. For the purpose of determining whether any applicable law limiting the amount of interest or other charges permitted to be collected from Borrower has been violated, all Indebtedness that constitutes interest, as well as all other charges made in connection with the Indebtedness that constitute interest, shall be deemed to be allocated and spread ratably over the stated term of this Note. Unless otherwise required by applicable law, such allocation and spreading shall be effected in such a manner that the rate of interest so computed is uniform throughout the stated term of this Note.
Service Charges No service charge shall be made for any exchange or registration of transfer of Warrants.
Charges and Billing The amount payable for the Cloud Service is specified in an Order Document.
Rates and Charges 6.3.1 Wholesale discounts for resold Telecommunications Services offerings are provided in Exhibit A. The Telecommunications Services offerings available for resale but excluded from the wholesale pricing arrangement in the Agreement are available at the retail Tariff, price list, catalog, or other retail Telecommunications Services offering rates. Telecommunications Services available for resale with or without a wholesale discount are subject to Commission-approved change, and any such changes shall apply from the effective date of such change on a going-forward basis only. 6.3.2 The Customer Transfer Charges (CTC) as specified in Exhibit A apply when transferring services to CLEC. 6.3.3 A Subscriber Line Charge (SLC), or any subsequent federally mandated charge to End User Customers, will continue to be paid by CLEC without discount for each local exchange line resold under this Agreement. All federal and state rules and regulations associated with SLC as found in the applicable Qwest Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings also apply. 6.3.4 CLEC will pay to Qwest the Primary Interexchange Carrier (PIC) change charge without discount for CLEC End User Customer changes of Interexchange or IntraLATA Carriers. Any change in CLEC's End User Customer's Interexchange or IntraLATA Carrier must be requested by CLEC on behalf of its End User Customer, and Qwest will not accept changes to CLEC's End User Customer's Interexchange or IntraLATA Carrier(s) from anyone other than CLEC. 6.3.5 CLEC agrees to pay Qwest when its End User Customer activates any services or features that are billed on a per use or per activation basis (e.g., continuous redial, last call return, call back calling, call trace) subject to the applicable discount in Exhibit A as such may be amended pursuant to this Section. With respect to all such charges, Qwest shall provide CLEC with sufficient information to enable CLEC to xxxx its End User Customers. 6.3.6 Miscellaneous Charges applicable to services ordered for resale by CLEC will apply if such Miscellaneous Charges apply for equivalent services ordered by Qwest retail End User Customers, except that CLEC will receive any applicable wholesale discount. Such Miscellaneous Charges include charges listed in the applicable Qwest Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings. 6.3.7 If the Commission orders additional services to be available for resale, Qwest will revise Exhibit A to incorporate the services added by such order into this Agreement, effective on the date ordered by the Commission. If the Commission indicates those additional services must be available for resale at wholesale discount rates, those additional services will be added to this Agreement at the original Agreement wholesale discount rate. 6.3.8 Qwest shall timely xxxx new or changed Commission-ordered resale rates or charges using the effective date for such rates or charges as ordered by the Commission. If Qwest bills CLEC amounts different from new or changed rates or charges after the effective date of such rates or charges, Qwest shall make appropriate xxxx adjustments or provide appropriate xxxx credits on XXXX'x xxxx(s). 6.3.9 If rates for services resold by CLEC under this Agreement change, based on changes in Qwest's Tariffs, catalogs, price lists or other retail Telecommunications Services offerings, charges billed to CLEC for such services will be based upon the new Tariff, catalogs, price lists, or other retail Telecommunications Services offerings rates less the applicable wholesale discount, if any, as agreed to herein or as established by Commission order. The new rate will be effective upon the effective date of the Tariff, catalog, price list, or other retail Telecommunications Services offerings. 6.3.10 Product-specific nonrecurring charges as set forth in Qwest's applicable Tariffs, catalogs, price lists, or other retail Telecommunications Services offerings will apply when new or additional resold services are ordered and installed at CLEC's request for use by CLEC's End User Customers. Such nonrecurring charges will be subject to the wholesale discount, if any, that applies to the underlying service being added or changed.
Taxes, Other Governmental Charges and Utility Charges Except as expressly limited by this Section, Lessee shall pay all taxes and other charges of any kind which are at any time lawfully assessed or levied against or with respect to the Equipment, the Rental Payments or any part thereof, or which become due during the Term of this Lease, whether assessed against Lessee or Lessor. Lessee shall also pay when due all gas, water, steam, electricity, heat, power, telephone, and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Equipment, and all special assessments and charges lawfully made by any governmental body for public improvements that may be secured by a lien on the Equipment; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, Lessee shall be obligated to pay only such installments as are required to be paid during the Term of this Lease as and when the same become due. Lessee shall not be required to pay any federal, state or local income, inheritance, estate, succession, transfer, gift, franchise, gross receipts, profit, excess profit, capital stock, corporate, or other similar tax payable by Lessor, its successors or assigns, unless such tax is made in lieu of or as a substitute for any tax, assessment or charge which is the obligation of Lessee under this Section. Lessee may, at its own expense and in its own name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments, utility or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless Lessor shall notify Lessee that, in the opinion of Independent Counsel, by nonpayment of any such items the interest of Lessor in the Equipment will be materially endangered or the Equipment or any part thereof will be subject to loss or forfeiture, in which event Lessee shall promptly pay such taxes, assessments, utility or other charges or provide Lessor with full security against any loss which may result from nonpayment, in form satisfactory to Lessor.

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