Common use of Reporting and Payment Clause in Contracts

Reporting and Payment. 6.1 Licensee shall report to Börse Berlin AG within fifteen (15) business days of the end of each Reporting Period, in accordance with Schedule C and in a format agreed between the parties, all use of Fee Liable Information. Licensee shall provide such reasonable details as Börse Berlin AG may request from time to time concerning the number of Non-Fee Liable Devices displaying the Information, within forty-five (45) days of the request. If no such report is provided at the end of any Reporting Period, Börse Berlin AG shall be entitled to estimate such number. Börse Berlin AG shall invoice Licensee on the basis of such report or estimate. Such reports should not contain any personal data of the Licensee or Customers and should adhere fully to all relevant Data Protection Law. 6.2 The obligations on Licensee to maintain Operational Controls and to prepare proper (i.e. correct and complete) reports are fundamental to this Agreement and Licensee’s ability to meet these obligations is to be proven upon written request by Xxxxx Berlin AG at any time. If Börse Berlin AG becomes aware that Licensee fails to maintain the Operational Controls and procedures necessary for proper reporting, Börse Berlin AG shall at its choice be entitled, on written notice: (i) to suspend delivery of Information or the licence for the Information usage until Operational Controls have been established and/or the extent of uncontrolled or unreported usage determined; and/or (ii) to make the continuation of the Agreement dependent upon payment of reasonable monthly on account payment based on Börse Berlin AG’s reasonable estimate of the full extent of Information usage; and/or (iii) to make the continuation of the Agreement dependent upon the conclusion of a direct agreement with any members of Licensee’s Group or Customer regarded by Börse Berlin AG as responsible for uncontrolled or unreported use. The right of Börse Berlin AG to terminate the Agreement with as well as without notice in accordance with Section 9 shall be unaffected. 6.3 Licensee shall pay the Fees in the currency agreed between both parties within thirty (30) days of the date of invoice issued in accordance with this clause 6 and the billing guidelines specified in Schedule C. 6.4 In the event of any delay in the payment of the Fees where such delay is not as a result of payment which is disputed and withheld by the Licensee in good faith, Börse Berlin AG has the right to: (i) levy late payment charges, as specified in Schedule C. (ii) provide the Licensee with a written notice stating that the Licensee has delayed payment of Fees due and if payment is not cleared 30 days after Licensee’s receipt of such written notice then Börse Berlin AG shall be entitled to suspend the provision of the services until such time as payment is made in full or else (at its option) terminate this Agreement by reason of the Licensee’s breach of contract.

Reporting and Payment. 6.1 Licensee shall report to Börse Berlin AG within fifteen (15) business days of the end of each Reporting Period, in accordance with Schedule C and in a format agreed between the parties, all use of Fee Liable Information. Licensee shall provide such reasonable details as Börse Berlin AG may request from time to time concerning the number of Non-Fee Liable Devices displaying the Information, within forty-five (45) days of the request. If no such report is provided at the end of any Reporting Period, Börse Berlin AG shall be entitled to estimate such number. Börse Berlin AG shall invoice Licensee on the basis of such report or estimate. Such reports should not contain any personal data of the Licensee or Customers and should adhere fully to all relevant Data Protection Law. 6.2 The obligations on Licensee to maintain Operational Controls and to prepare proper (i.e. correct and complete) reports are fundamental to this Agreement and Licensee’s ability to meet these obligations is to be proven upon written request by Xxxxx Börse Berlin AG at any time. If Börse Berlin AG becomes aware that Licensee fails to maintain the Operational Controls and procedures necessary for proper reporting, Börse Berlin AG shall at its choice be entitled, on written notice: (i) to suspend delivery of Information or the licence for the Information usage until Operational Controls have been established and/or the extent of uncontrolled or unreported usage determined; and/or (ii) to make the continuation of the Agreement dependent upon payment of reasonable monthly on account payment based on Börse Berlin AG’s reasonable estimate of the full extent of Information usage; and/or (iii) to make the continuation of the Agreement dependent upon the conclusion of a direct agreement with any members of Licensee’s Group or Customer regarded by Börse Berlin AG as responsible for uncontrolled or unreported use. The right of Börse Berlin AG to terminate the Agreement with as well as without notice in accordance with Section 9 shall be unaffected. 6.3 Licensee shall pay the Fees in the currency agreed between both parties within thirty (30) days of the date of invoice issued in accordance with this clause 6 and the billing guidelines specified in Schedule C. 6.4 In the event of any delay in the payment of the Fees where such delay is not as a result of payment which is disputed and withheld by the Licensee in good faith, Börse Berlin AG has the right to: (i) levy late payment charges, as specified in Schedule C. (ii) provide the Licensee with a written notice stating that the Licensee has delayed payment of Fees due and if payment is not cleared 30 days after Licensee’s receipt of such written notice then Börse Berlin AG shall be entitled to suspend the provision of the services until such time as payment is made in full or else (at its option) terminate this Agreement by reason of the Licensee’s breach of contract.

Reporting and Payment. 6.1 Licensee shall report to Börse Berlin AG within fifteen (15) business days of the end of each Reporting Period, in accordance with Schedule C and in a format agreed between the parties, all use of Fee Liable Information. Licensee shall provide such reasonable details as Börse Berlin AG may request from time to time concerning the number of Non-Fee Liable Devices displaying the Information, within forty-five (45) days of the request. If no such report is provided at the end of any Reporting Period, Börse Berlin AG shall be entitled to estimate such number. Börse Berlin AG shall invoice Licensee on the basis of such report or estimate. Such reports should not contain any personal data of the Licensee or Customers and should adhere fully to all relevant Data Protection Law. 6.2 Licensee is required to maintain Operational Controls sufficient to identify and control all use of Restricted Information in accordance with the policies and guidelines set out in Schedule C. The obligations on Licensee to maintain Operational Controls and to prepare proper (i.e. correct and complete) reports are fundamental to this Agreement and Licensee’s ability to meet these obligations is to be proven upon written request by Xxxxx Börse Berlin AG at any time. Furthermore, Börse Berlin AG may, upon prior written request, no more than once per calendar year and during business hours, review Licensee’s Operational Controls in Customer premises. If Börse Berlin AG becomes aware that Licensee fails to maintain the Operational Controls and procedures necessary for proper reporting, Börse Berlin AG shall at its choice be entitled, on written notice: : (i) to suspend delivery of Information or the licence for the Information usage until Operational Controls have been established and/or the extent of uncontrolled or unreported usage determined; and/or and/or (ii) to make the continuation of the Agreement dependent upon payment of reasonable monthly on account payment based on Börse Berlin AG’s reasonable estimate of the full extent of Information usage; and/or and/or (iii) to make the continuation of the Agreement dependent upon the conclusion of a direct agreement with any members of Licensee’s Group or Customer regarded by Börse Berlin AG as responsible for uncontrolled or unreported use. The right of Börse Berlin AG to terminate the Agreement with as well as without notice in accordance with Section 9 shall be unaffected. 6.3 Licensee shall pay the Fees in the currency agreed between both parties within thirty (30) days of the date of invoice issued in accordance with this clause 6 and the billing guidelines specified in Schedule C. 6.4 In the event of any delay in the payment of the Fees where such delay is not as a result of payment which is disputed and withheld by the Licensee in good faith, Börse Berlin AG has the right to: (i) levy late payment charges, as specified in Schedule C. (ii) provide the Licensee with a written notice stating that the Licensee has delayed payment of Fees due and if payment is not cleared 30 days after Licensee’s receipt of such written notice then Börse Berlin AG shall be entitled to suspend the provision of the services until such time as payment is made in full or else (at its option) terminate this Agreement by reason of the Licensee’s breach of contract.

Reporting and Payment. 6.1 Licensee shall report to Börse Berlin AG within fifteen (15) business days of the end of each Reporting Period, in accordance with Schedule C and in a format agreed between the parties, all use of Fee Liable Information. Licensee shall provide such reasonable details as Börse Berlin AG may request from time to time concerning the number of Non-Fee Liable Devices displaying the Information, within forty-five (45) days of the request. If no such report is provided at the end of any Reporting Period, Börse Berlin AG shall be entitled to estimate such number. Börse Berlin AG shall invoice Licensee on the basis of such report or estimate. Such reports should not contain any personal data of the Licensee or Customers and should adhere fully to all relevant Data Protection Law. 6.2 The obligations on Licensee to maintain Operational Controls and to prepare proper (i.e. correct and complete) reports are fundamental to this Agreement and Licensee’s ability to meet these obligations is to be proven upon written request by Xxxxx Börse Berlin AG at any time. If Börse Berlin AG becomes aware that Licensee fails to maintain the Operational Controls and procedures necessary for proper reporting, Börse Berlin AG shall at its choice be entitled, on written notice: : (i) to suspend delivery of Information or the licence for the Information usage until Operational Controls have been established and/or the extent of uncontrolled or unreported usage determined; and/or and/or (ii) to make the continuation of the Agreement dependent upon payment of reasonable monthly on account payment based on Börse Berlin AG’s reasonable estimate of the full extent of Information usage; and/or and/or (iii) to make the continuation of the Agreement dependent upon the conclusion of a direct agreement with any members of Licensee’s Group or Customer regarded by Börse Berlin AG as responsible for uncontrolled or unreported use. The right of Börse Berlin AG to terminate the Agreement with as well as without notice in accordance with Section 9 shall be unaffected. 6.3 Licensee shall pay the Fees in the currency agreed between both parties within thirty (30) days of the date of invoice issued in accordance with this clause 6 and the billing guidelines specified in Schedule C. 6.4 In the event of any delay in the payment of the Fees where such delay is not as a result of payment which is disputed and withheld by the Licensee in good faith, Börse Berlin AG has the right to: : (i) levy late payment charges, as specified in Schedule C. C. (ii) provide the Licensee with a written notice stating that the Licensee has delayed payment of Fees due and if payment is not cleared 30 days after Licensee’s receipt of such written notice then Börse Berlin AG shall be entitled to suspend the provision of the services until such time as payment is made in full or else (at its option) terminate this Agreement by reason of the Licensee’s breach of contract.