Revenue Share Clause Samples
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Revenue Share. In consideration for the duties performed hereunder, the Travel Agency shall be entitled to [[Percent: Share of the Agency in Total Turnover]] of the Net Turnover generated during the agreement period that is a direct result of the Travel Agency’s efforts. To be considered a “direct result” of the Travel Agency’s efforts, substantially all of the contact with a customer that leads to a sale must have been made by the Travel Agency. Although initial contact and contact at the sale point shall be factors to consider, they are not determinative of such sale being a “direct result” of the Travel Agency’s efforts. LIMITATION OF LIABILITY In no event and under no circumstances shall either Party be liable for any indirect, incidental, consequential or special damages, including, without limitation, loss of revenue or loss of profits, for any reason whatsoever arising under this Agreement, whether arising out of breach of warranty, breach of condition, breach of contract, tort, civil liability or otherwise. In all events, Company’s absolute liability under, or in any way related to this Agreement, whether arising out of breach of warranty, breach of condition, breach of contract, tort or otherwise, shall be limited to the rupee value of the fees earned by the Company under this Agreement. Company’s liability for negligence, breach of this Agreement or any other claim in damages and losses shall not exceed the total amount owed to the Travel Agency by the Company under this Agreement at the time of the breach. REPRESENTATIONS AND WARRANTIES Each party hereby represents and warrants to that: Each party has all required capacity and corporate authorization to enter into this Agreement and be bound by the obligations provided hereunder; the execution of this Agreement by the Company and the performance of its obligations hereunder will not constitute a violation or breach of any obligation of any agreement between the Company and any third party or a violation of the Company’s legal obligations; and Travel Agency holds sufficient rights to use all materials, supplies or resources used in the performance of the Services under this Agreement, free and clear of any encumbrances. INSURANCE AND INDEMNIFICATION During the term of this Agreement, the Company shall procure and maintain comprehensive general liability insurance, which shall include blanket broad form contractual liability coverage, with limits of not less than [[Amount of contractual liability: Number]] in wo...
Revenue Share. Partner shall pay Athena the Revenue Share. Partner will provide Athena a report showing Partner Revenue by Eligible Client for each calendar month as soon as it is available, but no later than 10 days following the end of the calendar month. Athena will specify to Partner what information needs to be included in the report and any particular format for the report.
Revenue Share. Section 6 of the Lease is hereby deleted in its entirety.
a. Subject to the other applicable terms, provisions, and conditions of this Section, American Tower, on behalf of Tenant, shall pay Landlord Forty-Three and 75/100ths percent (43.75%) of any rents actually received by Tenant or American Tower under and pursuant to the terms and provisions of any new sublease, license or other collocation agreement for the use of any portion of the Leased Premises entered into by and between Tenant (or American Tower) and a third party (any such third party, the “Additional Collocator”) subsequent to the Effective Date (any such amounts, the “Collocation Fee”). Notwithstanding the foregoing, Landlord shall not be entitled to receive any portion of any sums paid by a licensee or sublessee to (i) reimburse Tenant (or American Tower) for any improvements to the Leased Premises or any structural enhancements to the tower located on the Leased Premises (such tower, the “Tower”), which have been made by Tenant or American Tower for the benefit of any licensee, sublessee, or other third party or (ii) reimburse Tenant or American Tower, in whole or in part, for costs, expenses, fees, or other charges incurred or associated with the development, operation, repair, or maintenance of the Leased Premises or the Tower. The Collocation Fee shall not be subject to the escalations to Rent, if any, as delineated in this Amendment and/or the Lease. To the extent the amount of rents actually received by Tenant (or American Tower) from an Additional Collocator escalate or otherwise increase pursuant to those agreements, the Collocation Fee shall be based on such increased amount.
b. The initial payment of the Collocation Fee shall be due within thirty (30) days of actual receipt by Tenant (or American Tower) of the first collocation payment paid by an Additional Collocator. In the event a sublease or license with an Additional Collocator expires or terminates, Tenant’s obligation to pay the Collocation Fee for such sublease or license shall automatically terminate upon the date of such expiration or termination. Notwithstanding anything contained herein to the contrary, Tenant shall have no obligation to pay to Landlord and Landlord hereby agrees not to demand or request that Tenant pay to Landlord any Collocation Fee in connection with the sublease to or transfer of Tenant’s obligations and/or rights under the Lease, as modified by this Amendment, to any subsidiary, parent or affiliat...
Revenue Share. Contata will retain 50% of Net Revenues and will pay Representative an amount equal to 50% of Net Revenues. Net Revenues means the amounts billed and received by Contata under contracts solicited by Representative for use of the Product less Refunds and credit card fees and charges.
Revenue Share a. In consideration of the grant of the Concession, effective from the 3rd Year of COD or 5th Year of Agreement date and throughout the balance Concession Period, the Concessionaire shall in accordance with the provisions hereof, pay to the Authority Revenue Share which shall be the higher of the following i. 3% of Gross Revenue of the particular Year,
Revenue Share. Effective as of July 1, 2001, Paragraph A of Schedule 11.1, attached as Appendix 1 to Amendment No. 4 of the Agreement shall be deleted and replaced in its entirety by the following Paragraph A:
Revenue Share. 24.4.1 The Concessionaire agrees to pay to the Authority, for every year of the Concession Period, commencing from the Project COD, 1% (one per cent) of the Gross Revenue as its share in the revenues earned from the Project (the “Revenue Share”). The Revenue Share shall be calculated and payable in the following manner:
(a) the Revenue Share shall be payable in monthly instalments. Within 7 (seven) days of the end of each month, the Concessionaire shall pay to the Authority against the Revenue Share, a provisional amount calculated on the basis of Gross Revenue of the immediately preceding month and final settlement thereof, based on audited accounts of the Concessionaire, shall be made within 120 (one hundred and twenty) days of completion of the respective Accounting Year.
24.4.2 The Concessionaire shall furnish to the Authority audited quarterly statements within 30 days of the end of a quarter. The Authority may, additionally, ask the Concessionaire furnish its book of accounts from time to time to verify the sanctity of records. If any discrepancy is found in the report of Gross Revenues by the Concessionaire, the Authority would be entitled to:
(i) Recover any payments due from the Concessionaire due to discrepant reporting of the Gross Revenues with a penal interest rate of 18% p.a.; and / or
(ii) Terminate the Agreement due to Concessionaire Default in accordance with this Agreement.
24.4.3 The Revenue Share payable under this Clause 24.4, shall be deemed to be part of the Project Consideration for the purposes of this Agreement.
Revenue Share. The Agreement is hereby amended by adding thereto as Schedule 11.1, the Schedule 11.1 attached as Appendix 1 of this Amendment No. 4. Appendix 1 of Amendment No. 1 and Appendix 1 of Amendment No. 3 shall be deleted and replaced in their entirety by such Schedule 11.1.
Revenue Share. In the event Tenant sublets or licenses space on the Communication Facility to a third party collocator (“Collocator”), Tenant shall remit thirty percent (30%) of the rent or license fees collected by Tenant from such Collocator (the “Collocator Rent”) to Landlord (the “Landlord’s Revenue Share”). The Collocator Rent shall be negotiated by and between Tenant and Collocator, on terms acceptable to Tenant, in Tenant’s sole discretion. In calculating the amount of Landlord’s Revenue Share, Collocator Rent shall not include
(i) any payment received by Tenant under the applicable sublease or license for reimbursement of operating expenses or construction costs relating to the Communication Facility paid by Tenant or (ii) any other payment other than regular recurring rent or license fees. ▇▇▇▇▇▇▇▇ acknowledges and agrees that ▇▇▇▇▇▇▇▇’s Revenue share may or may not be paid directly by any Collocator to Landlord. In the event that ▇▇▇▇▇▇▇▇’s Revenue Share is paid by said ▇▇▇▇▇▇▇▇▇▇ and passed through as a cost to Collocator, the same shall not be subject to further revenue sharing or mark-up payable to Landlord. In the event Tenant sublets to more than one Collocator, Tenant shall be obligated to pay the Landlord’s Revenue Share for each Collocator. Tenant’s obligation to pay ▇▇▇▇▇▇▇▇’s Revenue Share to Landlord shall expire or ▇▇▇▇▇, as applicable, at such time as the Collocator does not pay Collocator Rent to Tenant, and shall resume, as applicable, if and when the Collocator resumes paying such recurring Collocator Rent and the Landlord’s Revenue Share shall be prorated for partial periods.
Revenue Share. Party A agrees to pay Party B a revenue share equal to [X]% of the Net Revenue generated from the Product (the “Revenue Share”). For the purposes of this Agreement: (i) “