Revenue Impact Recoupment Sample Clauses

Revenue Impact Recoupment a) As stated in Section 2 of this Exhibit, CP will prepare a monthly Stewardship report that will track the performance metrics stated in Section 1 and the parties will meet on a regular basis to discuss such report and its performance metrics. b) If CP fails to meet one of the performance metrics, **** c) These penalties will be credited to the month's billing in which the performance failure occurred. d) Failure by CP to meet the performance objectives specified in Section 1 of this Exhibit for 3 consecutive months or 3 out of 6 consecutive months shall constitute a breach of this Agreement, and E*TRADE GROUP will have the right to terminate immediately after providing written notice to CP of such intent.
Sample 1
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Revenue Impact Recoupment. 1. In the event that XxxXxxxxx.xxx fails to meet any of the performance objectives outlined in this SLA on more than ***** within any 30-day period, E*TRADE will notify XxxXxxxxx.xxx detailing and describing such *****, and E*TRADE shall be permitted to pay XxxXxxxxx.xxx an amount equal to only ***** of the monthly compensation specified in ---------- ***** Confidential treatment has been requested for the redacted portions. The confidential redacted portions have been filed separately with the Securities and Exchange Commission. Section 4.1 of the Agreement during the month in which such breach of the SLA occurred.
Sample 1
Revenue Impact Recoupment a) In the event that Stockpoint fails to meet the performance objectives in Section 1 of this Service Level Agreement, the following penalties will apply: o Items 1. a and 1.c - Stockpoint shall pay XX Xxxxxx $250 per occurrence (with a maximum of one occurrence on any single day) up to a maximum of $2,500 in any given month.
Sample 1
Revenue Impact Recoupment a) In the event that Co-Marketer fails to meet the performance objectives defined in Section 1.a), a penalty of *** will be due E*TRADE. b) In the event that Co-Marketer fails to meet the performance objectives defined in Section 1.b), Co-Marketer will credit E*TRADE a prorated amount of the monthly service fee as compensation for the service outage. The calculation for this credit will be as follows: The monthly fee as specified in Exhibit D of this Agreement divided by 720 hours (30 days per month times 24 hours per day) times the total time of the outage. c) In the event that Co-Marketer fails to meet the performance objectives defined in Section 1.c), a penalty of *** will be due E*TRADE. d) These penalties will be credited to the month's billing in which the performance failure occurred. e) Failure by Co-Marketer to meet these performance objectives for *** consecutive months or *** out of *** months shall constitute a breach of this Agreement and E*TRADE will have the right to terminate immediately after providing written notice to Co-Marketer of such intent.
Sample 1
Revenue Impact Recoupment a) As stated in Section 2 of this Exhibit, CP will prepare a monthly Stewardship report that will track the performance metrics stated in Section 1 and the parties will meet on a regular basis to discuss such report and its performance metrics. b) If CP fails to meet one of the performance metrics, the advertising revenue split shall be ****% for E*TRADE and ****% for CP for the month in which the metric was not achieved. c) These penalties will be credited to the month's billing in which the performance failure occurred. d) Failure by CP to meet the performance objectives specified in Section 1 of this Exhibit for 3 consecutive months or 3 out of 6 consecutive months shall constitute a breach of this Agreement, and E*TRADE GROUP will have the right to terminate immediately after providing written notice to CP of such intent.
Sample 1
Revenue Impact Recoupment a) As stated in Section 2 of this Exhibit, CP will prepare a monthly Stewardship report that will track the performance metrics stated in Section 1 and the parties will meet on a regular basis to discuss such report and its performance metrics. b) If CP fails to meet one of the performance metrics, [**] c) These penalties will be credited to the month's billing in which the performance failure occurred. d) Failure by CP to meet the performance objectives specified in Section 1 of this Exhibit for 3 consecutive months or [**] out of [**] consecutive months shall constitute a breach of this Agreement, and E*TRADE GROUP will have the right to terminate immediately after providing written notice to CP of such intent. [**] CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO CERTAIN INFORMATION CONTAINED IN THIS EXHIBIT. THROUGHOUT THIS EXHIBIT CONFIDENTIAL PORTIONS HAVE BEEN OMITTED FROM THE PUBLIC FILING AND HAVE BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. EXHIBIT C --------- TERMS OF USE ------------ Please read the following agreement carefully. You must accept the agreement to be able to use TABNet's services.
Sample 1
Revenue Impact Recoupment. 1. In the event that XxxXxxxxx.xxx fails to meet any of the performance objectives outlined in this SLA on more than ***** within any 30-day period, E*TRADE will notify XxxXxxxxx.xxx detailing and describing such *****, and E*TRADE shall be permitted to pay XxxXxxxxx.xxx an amount equal to only ***** of the monthly compensation specified in ---------- ***** Confidential treatment has been requested for redacted portions. Section 4.1 of the Agreement during the month in which such breach of the SLA occurred.
Sample 1
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Related to Revenue Impact Recoupment

  • Xxxxx, Esq Sher & Xxxxxxxxx LLP; 0000 X Xxxxxx, XX.; Xxxxx 000; Xxxxxxxxxx, XX 00000.

  • Xxxxxxxx-Xxxxx Act Requirements To the extent any documents are required to be filed or any certification is required to be made with respect to the Issuer or the Notes pursuant to the Xxxxxxxx-Xxxxx Act, the Issuer hereby authorizes the Servicer and the Seller, or either of them, to prepare, sign, certify and file any such documents or certifications on behalf of the Issuer.

  • Compliance with Xxxxx-Xxxxx and Related Act requirements All rulings and interpretations of the Xxxxx-Xxxxx and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.

  • Xxxxxx, Esq Anyone to whom a notice may be given under this Agreement may designate a new address by notice to that effect given to the other party in accordance with this subsection (b). Each such notice shall be deemed given upon the receipt thereof when delivered in person and on the second business day after the mailing when sent by mail as aforesaid. (c) You understand that, upon exercise of this Option, you may recognize income for tax purposes in an amount equal to the excess of the then fair market value of the Shares purchased over the Option Price for such Shares. Your employer may withhold tax from your current compensation with respect to such income or any other income which it deems you to have received in connection therewith; to the extent that your then current compensation is insufficient to satisfy the withholding tax liability, you will be required to make a cash payment to cover such liability as a condition of exercise of this Option. (d) If this Option shall be mutilated, lost, stolen or destroyed, the Company shall issue in exchange and substitution for and upon cancellation of the mutilated Option, or in lieu of and in substitution for the Option lost, stolen or destroyed, a new Option of like tenor and denomination, but only upon receipt of evidence satisfactory to the Company of such loss, theft or destruction of such Option and such indemnity and, if requested by the Company, such bond, as shall in each case be satisfactory to the Company. You must also comply with such other reasonable requirements and pay such other reasonable charges as the Company may prescribe in connection with such issuance. (e) This Option shall be governed and construed in accordance with the substantive laws of the State of New York applicable to contracts executed, delivered and to be fully performed in the State of New York, without giving effect to contrary provisions regarding conflict of laws. (f) This Agreement shall inure to the benefit of and shall be binding upon your heirs, executors, administrators and legal representatives, and shall inure to the benefit of and be binding upon the Company and its successors and assigns. You may not assign, transfer, pledge, encumber, hypothecate or otherwise dispose of this Agreement, or any of your rights hereunder except if and to the extent expressly permitted by Section 8 of this Agreement, and any such attempted prohibited delegation or disposition shall be null and void and without effect. (g) This Agreement constitutes the complete understanding between the parties with respect to the subject matter hereof, and no statement, representation, warranty or covenant has been made by either party with respect thereto except as expressly set forth herein. This Agreement shall not be altered, modified, amended or terminated except by written instrument signed by each of the parties hereto. (h) This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. (i) The section headings contained herein are for the purposes of convenience only, are not intended to define or limit the contents of said sections and are not part of this Agreement. (j) By signing below, you hereby accept this Option subject to all of the terms and provisions hereof and acknowledge all of the representations, warranties and agreements set forth above. This Option shall not be effective until you have signed this Option and delivered it to the Company.

  • Xxxxxx et al Case No. 2:16-cv-10277. The Complaint, ECF No. 1, seeks declaratory and injunctive relief under the citizen-suit provision of the Safe Drinking Water Act, 42 U.S.C. § 300j-8(a);

  • Sxxxxxxx-Xxxxx Compliance As soon as it is legally required to do so, the Company shall take all actions necessary to obtain and thereafter maintain material compliance with each applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated thereunder and related or similar rules and regulations promulgated by any other governmental or self-regulatory entity or agency with jurisdiction over the Company.

  • Revenue Sharing Developer shall pay to Fig, or Fig shall retain (as applicable), the Fig Share in accordance with the terms below.

  • Premium Recapture With respect to any Mortgage Loan without Prepayment Penalties that prepays in full during the first 90 days following the related Closing Date, and with respect to any Mortgage Loan that is repurchased pursuant to Subsection 9.04, the Seller shall pay the Purchaser, within 30 calendar days after giving notice of such prepayment in full or repurchase, an amount equal to the excess of the Purchase Price Percentage for such Mortgage Loan over par, multiplied by the outstanding principal balance of such Mortgage Loan as of the related Cut-off Date.

  • Xxxxxxxx-Xxxxx Compliance As soon as it is legally required to do so, the Company shall take all actions necessary to obtain and thereafter maintain material compliance with each applicable provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated thereunder and related or similar rules and regulations promulgated by any other governmental or self-regulatory entity or agency with jurisdiction over the Company.

  • Disclosure Controls and Procedures; Deficiencies in or Changes to Internal Control Over Financial Reporting The Company has established and maintains disclosure controls and procedures (as defined in Rules 13a-15 and 15d-15 under the Exchange Act), which (i) are designed to ensure that material information relating to the Company, including its consolidated subsidiaries, is made known to the Company’s principal executive officer and its principal financial officer by others within those entities, particularly during the periods in which the periodic reports required under the Exchange Act are being prepared; (ii) have been evaluated by management of the Company for effectiveness as of the end of the Company’s most recent fiscal quarter; and (iii) are effective in all material respects to perform the functions for which they were established. Since the end of the Company’s most recent audited fiscal year, there have been no significant deficiencies or material weakness in the Company’s internal control over financial reporting (whether or not remediated) and no change in the Company’s internal control over financial reporting that has materially affected, or is reasonably likely to materially affect, the Company’s internal control over financial reporting. The Company is not aware of any change in its internal control over financial reporting that has occurred during its most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the Company’s internal control over financial reporting.

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