Service Costs Generally. 5 SECTION 3.02.
Service Costs Generally. The Schedules hereto indicate, with respect to the DSW Services and the Retail Ventures Services, respectively, listed therein, whether the costs to be charged for Services are to be determined by (i) the customary billing method described in Section 3.02 ("Customary Billing"), (ii) the pass-through billing method described in Section 3.03 ("Pass-Through Billing"), (iii) the percentage of DSW's net sales method described in Section 3.04 ("Percent of Sales Billing"), (iv) a calculation of certain costs related to employee benefit plans and benefit arrangements described in Section 3.05 ("Benefit Billing"), or (v) another specified method. Unless otherwise indicated on the Schedules, the Customary Billing method will apply. The costs to be paid by DSW to Retail Ventures for Retail Venture Services are collectively referred to herein as the "Retail Ventures Service Costs". DSW agrees to pay to Retail Ventures in the manner set forth in Section 3.06 an amount equal to the Retail Ventures Service Costs applicable to each of the Retail Ventures Services provided or procured by Retail Ventures. The costs to be paid by Retail Ventures to DSW for the DSW Services are collectively referred to herein as the "DSW Service Costs". Retail Ventures agrees to pay to DSW in the manner set forth in Section 3.06 an amount equal to the DSW Service Costs applicable to each of the DSW Services provided or procured by DSW.
Service Costs Generally. Unless the applicable Schedule hereto expressly provides otherwise (in which event the parties agree to the costs set forth therein) or the parties agree in writing to a different arrangement, for each period in which Recipient receives a Service hereunder, Recipient shall pay Provider the Service Costs for the applicable Service. In the case of a termination of any or all Services prior to the End Date (other than (x) a termination under Section 6.02(c) or (y) a termination under Section 6.02(f) arising from Provider suffering an Insolvency Event), (i) Recipient shall continue to be responsible for the reasonable out-of-pocket costs associated with such Services until the End Date, (ii) Provider shall use reasonable efforts to eliminate such costs referenced in clause (i) as soon as possible and (iii) until such costs referenced in clause (i) are eliminated they will be treated as Service Costs relating to Services provided prior to termination and may be invoiced as incurred. Provider may not rely on the prior sentence with respect to the costs for a given contract if the contract was entered into in connection with providing the Services and the term of the contract was more than three months unless Recipient approved Provider entering into such contract.
Service Costs Generally. (a) Schedules I, II, and III hereto (collectively, the "Schedules") indicate, with respect to each Service listed therein, whether the costs to be charged to Logility for such Service or program are determined by (i) the customary billing method ("Customary Billing"), (ii) the pass-through billing method ("Pass-Through Billing"), (iii) the cost-plus-fixed-fee billing method ("Cost Plus Billing"), or (iv) a calculation of certain costs relating to employee benefit plans and benefit arrangements ("Benefit Billing"). The Customary Billing, Pass-Through Billing, Cost Plus Billing, and Benefit Billing methods applicable to the Services provided to Logility are collectively referred to herein as the "Service Costs". Logility agrees to pay to ASI in the manner set forth in Section 3.06 the Service Costs applicable to each of the Services provided by ASI.
(b) As provided herein, ASI shall permit eligible Logility employees to participate in certain of the ASI Plans. In addition to reimbursing ASI for the Services as set forth herein, Logility shall reimburse ASI for ASI's costs (including any contributions and premium costs and including certain third-party expenses and allocations of certain ASI personnel expenses), subject to Section 3.05 hereof, relating to participation by Logility employees in the ASI Plans. It is the express intent of the parties that Service Costs relating to the administration of Logility employee plans and the performance of related Services will not exceed reasonable compensation for such Services as defined in 29 CFR (S) 2550.408c-2.
Service Costs Generally. The Schedules hereto indicate the methods by which Service Costs to be charged for specific Services are to be determined. Photowatt shall pay to ATS the Service Costs in accordance with Section 3.06.
Service Costs Generally. Unless any Schedule hereto indicates otherwise or the parties shall agree in writing to a different arrangement, for each period in which Recipient receives a Service hereunder, Recipient shall pay Provider such fees and costs as set forth in Exhibit A hereto (“Service Costs”) which costs shall be adjusted appropriately in the event of the termination of any Service or as otherwise contemplated by this Agreement.
Service Costs Generally. Schedule I, Schedule II, and Schedule III attached to this Agreement (as may be amended from time to time by mutual agreement of the Parties in writing, collectively, the "Schedules") indicate, with respect to each Service listed therein, the method of calculating the amount Chipotle shall pay to McDonald's for such Services (collectively, the "Service Costs"). Chipotle agrees to pay to McDonald's the Service Costs applicable to each of the Services in the manner set forth in Section 3.02.
Service Costs Generally. 6 Section 3.02. Sales Tax.............................................7 Section 3.03.
Service Costs Generally. (a) The parties agree that the cost of providing the Real Estate/Store Planning Services per month shall be calculated by adding up each of the following items: (i) the monthly salaries and bonuses of all persons who spend at least 80% of their time on matters related to the Real Estate/Store Planning Services in any one month, (ii) 20% of the total amount payable pursuant to Section 3.01 (a)(i), which is intended to represent the cost to The Limited of providing employee benefits and required tax withholding for such persons, (iii) all direct costs incurred by The Limited related to the Services, including fees and expenses of hiring architects, consultants and attorneys and other out-of-pocket costs, including travel expenses, in such month (provided that any item of out-of-pocket cost which is expected to exceed $10,000 shall be approved by the Company prior to incurrence of such cost), and (iv) 5% of the total amount payable under Sections 3.01 (a)(i) and 3.01 (a)(ii), in lieu of The Limited allocating the costs related to the Real Estate/Store Planning Services for work by persons employed by The Limited who do not devote at least 80% of their time on matters related to the Real Estate/Store Planning Services (collectively, the "Real Estate/Store Planning Service Costs"): provided, however that the first $1,000,000 of the Real Estate/Store Planning Service Costs incurred in each full fiscal year that such services are provided to the Company shall be paid by The Limited. If the Real Estate/Store Planning Services are purchased by the Company for less than one full fiscal year, the $1,000,000 annual amount described in the previous sentence will be decreased in such proportion as the portion of the fiscal year for which services were not provided relates to the full fiscal year. Attached for informational purposes only, Schedule 3.01 (a)(i) sets forth the titles of the persons currently spending 80% or more of their time on matters related to the Real Estate/Store Planning Services. The parties acknowledge that the number and type of employees spending 80% or more of their time on matters related to the Real Estate/Store Planning Services may change from time to time based on the needs of the Company at such time.
(b) The Limited agrees that the sole costs for The Benefits Services and Importing Services shall be the out-of-pocket expenses incurred by The Limited or its Affiliates for all out-of-pocket costs incurred in connection with the Benefits Ser...
Service Costs Generally. Unless the parties agree in writing to a different arrangement, for each period in which Recipient receives a Service hereunder, Recipient shall pay Provider the Service Costs for the applicable Service. In the case of a termination of any or all Services prior to the End Date (other than (x) a termination of a Service (in whole) under Section 6.02(a), (y) a termination under Section 6.02(c), or (z) a termination under Section 6.02(f) arising from Provider suffering an Insolvency Event), (i) Recipient shall continue to be responsible for the reasonable out-of-pocket costs associated with such Services until the End Date, (ii) Provider shall use reasonable efforts to eliminate such costs referenced in clause (i) as soon as possible and (iii) until such costs referenced in clause (i) are eliminated they will be treated as Service Costs relating to Services provided prior to termination and may be invoiced as incurred. Provider may not rely on the prior sentence with respect to the costs for a given contract if the contract was entered into in connection with providing the Services and the term of the contract was more than three months unless Recipient approved Provider entering into such contract. If the End Date is extended pursuant to Section 6.01, the parties shall negotiate in good faith to determine the compensation to be paid to Provider by Recipient for Services to be provided during the period of the extension.
