Common use of Return of Commissions Clause in Contracts

Return of Commissions. If any Nomaco invoice is not paid in full by a customer within ninety (90) days after the due date, Nomaco may deduct from the next monthly Commission payment to RBX the amount of any Commission previously paid by Nomaco to RBX based on such invoice. If Nomaco deducts such Commission as permitted above and such invoice is subsequently paid in part or in full by the customer, Nomaco shall pay to RBX in the next monthly Commission payment the portion of the Commission deducted by Nomaco corresponding to the portion of such invoice paid by the customer. Notwithstanding the foregoing, if, after prior written notice to, and over the written good faith objection of, RBX, a sale of Products is made by Nomaco on payment terms that vary from the standard payment terms then in effect for such customer, or in the event that Nomaco, after prior written notice to, and over the written good faith objection of, RBX, makes a sale to a customer with a past due balance with respect to a previous sale, then RBX shall be entitled to its full Commission with respect to each such sale, and no deduction of Commissions shall be made with respect to such sale by Nomaco. In addition to the foregoing, Nomaco may deduct from the next monthly Commission payment to RBX the amount of any Commission previously paid by Nomaco to RBX with respect to the invoiced amount of any sale which is subsequently excluded from the definition of "Gross Sales" pursuant to the final sentence of the definition thereof in Section 1(i).