Road Impact Fee Credits. The County and the Owner agree that the Owner shall be entitled to receive road impact fee credits on a dollar for dollar basis in an amount up to, but not exceeding the amount of, the PS Payment in accordance with Section 163.3180, Florida Statutes, and as more particularly described in Exhibits “B” and “C” attached hereto. The County further agrees that such credits may be applied on a dollar for dollar basis against capacity reservation fees at such time as capacity reservation fees may be required to be paid by Owner in connection with the issuance of a Capacity Reservation Certificate as contemplated in Section 2 above. In no event shall Owner receive credits in excess of the PS Payment and in the event the PS Payment exceeds either the applicable road impact fees or capacity reservation fees, as the case may be, the Owner shall not be entitled to a refund for the amount of the PS Payment in excess of such road impact fees or capacity reservation fees.

Road Impact Fee Credits a) Developer has prepared and submitted an estimated cost and value for the Infrastructure, attached hereto as Exhibit G (the “Cost of Infrastructure”). b) In consideration for the dedication and construction of the Infrastructure, the City agrees to issue a road impact fee credit or disbursements to Developer in the amount of the Cost of Infrastructure (the “RIF Credit”). c) The RIF Credit may be used and applied by Developer or its assignees as a credit against road impact fees payable to the City in connection with the construction of buildings on the Real Estate. It is expected the Road Impact Fee Assessments (Lot 1 and Lot 2) will be less than the amount necessary to credit or reimburse Developer for the Cost of the Infrastructure. The parties acknowledge and agree that any improvement location permits issued prior to the full execution of this Agreement were issued in contemplation of this Agreement; and, as such, the City shall not charge the Developer a road impact fee for any anticipated permits to be issued to the Developer and shall reimburse or disburse the Developer for road impact fees otherwise paid with the issuance of an improvement location permit for a building on the Real Estate.

Road Impact Fee Credits. In consideration for the construction of Improvements the Developer shall receive RIF Credit in the amount equal to the costs and expenses strictly for construction of the Improvements as estimated in Exhibit C. The cost of creditable improvements shall not exceed $1,200,000 without additional approval by Westfield. Before any construction of the Improvement is initiated, Developer shall obtain Xxxxxxxxx’s written approval and acceptance of the design and costs of construction. Xxxxxxxxx’s approval and acceptance shall not be unreasonably withheld. To the extent that the structures to be constructed in the Development will be constructed or owned by the Developer, the obligation to pay road impact fees for construction within the Development shall be deferred until the credits of this agreement have been reached. To the extent that any of the structures to be constructed in the Development will be constructed or owned by someone other than the Developer, the road impact fees generated by the permitting of such structures will be collected by the City and distributed by the City to the Developer until the credits of this agreement have been reached. No road impact fee credits or payments shall be granted to the Developer beyond the total amount of road impact fees generated by the Development.

Road Impact Fee Credits a) Developer has prepared and submitted an estimated cost and value for the Infrastructure, attached hereto as Exhibit B (the “Cost of Infrastructure”) b) In consideration for the dedication and construction of the Infrastructure, the City agrees to issue a road impact fee credit or disbursements to Developer in the amount of $113,336.00 (the “RIF Credit”). c) The RIF Credit may be used and applied by Developer or its assignees as a credit against road impact fees payable to the City in connection with the construction of buildings on the Real Estate. The Road Impact Fee Assessment for Birdie’s Entertainment was provided to the Developer on 10/23/2018 in the amount of $205,719.00. The Developer shall pay $92,383.00 in remaining Road Impact Fees to the City prior to the issuance of an improvement location permit for a building on the Real Estate.

Road Impact Fee Credits a) Developer has prepared and solicited bid requests for the construction of the Infrastructure on the Approved Plans, as modified by the bid clarifications and modifications attached hereto as Exhibit B (the “Bid Modifications”). The cost to construct the Infrastructure will include the design costs, construction management costs, and subcontractor’s bid proposals (the “Cost of Infrastructure”). The City shall be provided the opportunity to review the two (2) lowest-priced bid proposals, and approve the selected bid proposal (the “Approved Bid”). The City’s review and approvals shall not be unreasonably held. b) In consideration for the dedication of 000xx Xxxxxx and construction of the Infrastructure, the City agrees to issue a road impact fee credit or disbursements to Developer in the amount of the Cost of Infrastructure. City agrees to make disbursement within sixty (60) days of acceptance of the Infrastructure, subject to Section 3, below. c) The City shall not issue a road impact fee credit or disbursements for any construction change orders or amounts in excess of the Approved Bid, unless specifically reviewed and approved by the City prior to the start of construction. d) The parties acknowledge and agree that any improvement location permits issued prior to the full execution of this Agreement were issued in contemplation of this Agreement; and, as such, the City shall not charge the Developer a road impact fee for any anticipated permits to be issued to the Developer and shall credit or disburse the Developer for road impact fees otherwise paid with the issuance of an improvement location permit for a building on the Real Estate.

Road Impact Fee Credits a) Developers have prepared and submitted an estimated cost and value for the acquisition of the Right-of-Way and construction of Hawks Creek Way, attached hereto as Exhibit F (the “Cost of Improvements”).

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Facility Fee The Company shall pay to the Administrative Agent for the account of each Lender in accordance with its Applicable Percentage, a facility fee, in Dollars, equal to the Applicable Rate for facility fees times the actual daily amount of the Aggregate Commitments (or, if the Aggregate Commitments have terminated, on the Outstanding Amount of all Committed Loans, Swing Line Loans and L/C Obligations), regardless of usage, subject to adjustment as provided in Section 2.18. The facility fee shall accrue at all times during the Availability Period (and thereafter so long as any Committed Loans, Swing Line Loans or L/C Obligations remain outstanding), including at any time during which one or more of the conditions in Article IV are not met, and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December, commencing with the first such date to occur after the Closing Date, and on the last day of the Availability Period (and, if applicable, thereafter on demand). The facility fee shall be calculated quarterly in arrears, and if there is any change in the Applicable Rate for facility fees during any quarter, the actual daily amount shall be computed and multiplied by the Applicable Rate for facility fees separately for each period during such quarter that such Applicable Rate for facility fees was in effect.
Facility Fees (i) The Borrower shall pay to the Administrative Agent for the account of each Tranche 1 Lender in accordance with its Applicable Tranche 1 Percentage, a ticking fee (the “Tranche 1 Ticking Fee”) equal to the Applicable Rate times the actual daily outstanding principal amount of the Aggregate Tranche 1 Commitments subject to adjustment as provided in Section 2.17. The Tranche 1 Ticking Fee shall accrue commencing on August 15, 2021 to the end of the Availability Period, and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December, commencing with the first such date to occur after the Effective Date, and on the last day of the Availability Period. The Tranche 1 Ticking Fee shall be calculated quarterly in arrears, and if there is any change in the Applicable Rate during any quarter, the actual daily amount shall be computed and multiplied by the Applicable Rate separately for each period during such quarter that such Applicable Rate was in effect. (ii) The Borrower shall pay to the Administrative Agent for the account of each Tranche 2 Lender in accordance with its Applicable Tranche 2 Percentage, a ticking fee (the “Tranche 2 Ticking Fee”) equal to the Applicable Rate times the actual daily outstanding principal amount of the Aggregate Tranche 2 Commitments subject to adjustment as provided in Section 2.17. The Tranche 2 Ticking Fee shall accrue commencing on August 15, 2021 to the end of the Availability Period, and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December, commencing with the first such date to occur after the Effective Date, and on the last day of the Availability Period. The Tranche 2 Ticking Fee shall be calculated quarterly in arrears, and if there is any change in the Applicable Rate during any quarter, the actual daily amount shall be computed and multiplied by the Applicable Rate separately for each period during such quarter that such Applicable Rate was in effect.
Impact Fees Impact Fees or modifications thereto which are lawfully adopted, and imposed by the City and which meet all requirements of the U. S. Constitution, Utah Constitution, law and applicable statutes, including but not limited to Utah Code Xxx. Section 11-36a-101 (2021) et seq.;
Service Level Commitment IBM provides the following service level commitment (“SLA”) for the Cloud Service, after IBM makes the Cloud Service available to you.
Service Credits Employees on pregnancy leave shall be entitled to normal accumulation of service credits for the duration of the pregnancy leave.
Interest Rates and Letter of Credit Fee Rates Payments and Calculations (a) Interest Rates. Except as provided in Section 2.13(c) and Section 2.15(a), all Obligations (except for the undrawn portion of the face amount of Letters of Credit) that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal to the lesser of (i) the LIBOR Rate plus the Applicable Margin, or (ii) the maximum rate of interest allowed by applicable laws; provided, that following notice to Borrower in accordance with Section 2.15(a) hereof, all Obligations that have been charged to the Loan Account pursuant to the terms hereof shall bear interest at a per annum rate equal, during the duration of the circumstances described in Section 2.15(a), to the lesser of (A) the Base Rate plus the Applicable Margin as calculated pursuant to Section 2.15(a) or (B) the maximum rate of interest allowable by applicable laws.
Unused Facility Fee A quarterly Unused Facility Fee equal to one quarter of one percent (0.25%) per annum of the difference between the Revolving Line and the average outstanding principal balance of Advances during the applicable quarter, which fee shall be payable within five (5) days of the last day of each such quarter and shall be nonrefundable; and
EPP service availability Refers to the ability of the TLD EPP servers as a group, to respond to commands from the Registry accredited Registrars, who already have credentials to the servers. The response shall include appropriate data from the Registry System. An EPP command with “EPP command RTT” 5 times higher than the corresponding SLR will be considered as unanswered. If 51% or more of the EPP testing probes see the EPP service as unavailable during a given time, the EPP service will be considered unavailable.
Service Level Credits If Verint does not meet the Uptime Percentage levels specified below, Customer will be entitled, upon written request, to a service level credit (“Service Level Credit”) to be calculated, with respect to the applicable Hosted Environment, as follows: • If Uptime Percentage is at least 99.95% of the month’s minutes, no Service Level Credits are provided; or • If Uptime Percentage is 99.75% to 99.94% (inclusive) of the month’s minutes, Customer will be eligible for a credit of 5% of a monthly average fee derived from one-twelfth (1/12th) of the then-current annual fee paid to Verint; or • If Uptime Percentage is 99.50% to 99.74% (inclusive) of the month’s minutes, Customer will be eligible for a credit of 7.5% of a monthly average fee derived from one-twelfth (1/12th) of the then-current annual fee paid to Verint; or • If Uptime Percentage is less than 99.50% of the month’s minutes, Customer will be eligible for a credit of 10.0% of a monthly average fee derived from one-twelfth (1/12th) of the then-current annual fee paid to Verint. Customer shall only be eligible to request Service Level Credits if Customer notifies Verint in writing within thirty (30) days from the end of the month for which Service Level Credits are due. All claims will be verified against Verint’s system records. In the event after such notification Verint determines that Service Level Credits are not due, or that different Service Level Credits are due, Verint shall notify Customer in writing on that finding. With respect to any Services Level credits due under Orders placed directly by Customer on Verint, Service Level Credits will be applied to the next invoice following Customer’s request and Verint’s confirmation of available credits; with respect to any Service Level Credits due for SaaS Services under Orders placed on Verint by a Verint authorized reseller on Customer’s behalf, Service Level Credits will be issued by such reseller following Customer’s request and Verint’s confirmation of available credits and such Services Level Credits may only be used by Customer with respect to subsequent purchases of Verint offerings through that reseller. Service Level Credits shall be Customer’s sole and exclusive remedy in the event of any failure to meet the Service Levels. Verint will only provide records of system availability in response to Customer’s good faith claims.
Service Availability You understand that Service availability is at all times conditioned upon the corresponding operation and availability of the communication systems used in communicating your instructions and requests to the Credit Union. We will not be liable or have any responsibility of any kind for any loss or damage thereby incurred by you in the event of any failure or interruption of such communication systems or services resulting from the act or omission of any third party, or from any other cause not reasonably within the control of the Credit Union.

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