Common use of Service Costs Generally Clause in Contracts

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.

Appears in 3 contracts

Samples: Services Agreement (Logility Inc), Services Agreement (American Software Inc), Services Agreement (American Software Inc)

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Service Costs Generally. (a) Schedules I, II, I and III II ----------------------- hereto (collectively, the "Schedules") indicate, with respect to each Service listed therein, whether the costs to be charged to Logility Abercrombie & Fitch for such Service or program are determined by (i) the customary billing method ("Customary Billing"), (ii) the actual-use billing method ("Actual-Use Billing"), (iii) the pass-through billing method ("Pass-Through Billing"), (iiiiv) the cost-plus-fixed-fee billing percentage of Abercrombie & Fitch' net sales method ("Cost Plus Percent of Sales Billing"), ) or (ivv) based upon a calculation of certain costs relating to employee benefit plans and benefit arrangements ("Benefit Billing"). The Customary Billing, Actual-Use Billing, Pass-Through Billing, Cost Plus Billing, Percent of Sales Billing and Benefit Billing methods applicable to the Services provided to Logility Abercrombie & Fitch are collectively referred to herein as the "Service Costs". Logility Abercrombie & Fitch agrees to pay to ASI The Limited in the manner set forth in Section 3.06 3.07 the Service Costs applicable to each of the Services provided by ASIThe Limited. (b) As provided herein, ASI The Limited shall permit eligible Logility employees Abercrombie & Fitch associates to participate in certain of the ASI PlansThe Limited's employee benefit plans. In addition to reimbursing ASI The Limited for the Services as set forth herein, Logility Abercrombie & Fitch shall reimburse ASI The Limited for ASIThe Limited's costs (including any contributions and premium costs and including certain third-party expenses and allocations of certain ASI Limited personnel expenses), generally in accordance with past practice, subject to Section 3.05 3.06 hereof, relating to participation by Logility employees Abercrombie & Fitch associates in the ASI Plansany of The Limited's benefit plans. It is the express intent of the parties that Service Costs relating to the administration of Logility Abercrombie & Fitch employee plans and the performance of related Services will not exceed reasonable compensation for such Services as defined in 29 CFR (S) 2550.408c-2S)2550.408c-2.

Appears in 1 contract

Samples: Services Agreement (Abercrombie & Fitch Co /De/)

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