Sharing Fee. SplitCo will pay to LPH a monthly fee (the “Sharing Fee”), by wire or intrabank transfer of funds or in such other manner as may be agreed upon by the parties, in arrears on or before the last day of each calendar month beginning with the first full calendar month following the date of the Split-Off, equal to one-twelfth of the sum of (A) the product of (i) an agreed-upon Facilities Percentage (as defined below) multiplied by (ii) the product of the total square footage of space within the Shared Facilities Space and the Square Foot Rate (as defined below), plus (B) the Annual Allocation Expense (as defined below). For this purpose, SplitCo and LPH agree that, until December 31, 2023, the fair market “fully loaded” rental rate per square foot, including parking facilities, for space comparable to the Shared Facilities Space in Englewood, Colorado will be $[ ] per square foot (the “Square Foot Rate”). The Square Foot Rate will be automatically increased on the first day of the first month of each calendar year thereafter in an amount equal to the percentage increase in the U.S. Department of Labor Consumer Price Index All Items, All Urban Consumers Denver-Aurora-Lakewood for the same period. The Square Foot Rate does not include charges for expenses related to the use of the Shared Facilities Space, including, but not limited to, utilities, security and janitorial services, office equipment rent, office supplies, use of the cafeteria facilities onsite at the Shared Facilities Space, maintenance and repairs, telephone, satellite, video and information technology (including network maintenance and data storage, computer and telephone support and maintenance, and management and information systems (servers, hardware and related software)) (the “Allocations”). With respect to each calendar year during the Term (as defined below), SplitCo shall reimburse LPH in an amount (the “Annual Allocation Expense”) equal to the product of (x) the aggregate amount of the estimated Allocations for such year, as determined in good faith by LPH and notified to SplitCo prior to the commencement of such calendar year, and (y) the Facilities Percentage applicable to such calendar year; provided that, if the Facilities Percentage changes during any calendar year, the Annual Allocation Expense applicable to such calendar year shall be adjusted accordingly.
Sharing Fee. (a) In exchange for the Shared Facilities, SplitCo Sub shall pay to LGI an estimated fee of $1,335,563.00 per year (the “Sharing Fee”), subject to the true-up mechanism described in Section 2(b) below (the “True-up”). SplitCo Sub shall pay the Sharing Fee to LGI in equal monthly installments, by wire or intrabank transfer of funds or in such other manner as may be agreed upon by the parties, on the first day of each and every calendar month during the Term, except the month of January in the year 2018, in which month such installment of the Sharing Fee shall be due and payable on January 16, 2018.
(b) Unless delayed by causes beyond LGI’s reasonable control, LGI shall deliver to SplitCo Sub within 60 days after the end of each calendar year a written statement (the “Statement”) setting out in reasonable detail the actual amount of the Sharing Fee due for such calendar year certified to be correct by a responsible representative of LGI. If the aggregate of the monthly installments of the Sharing Fee actually paid by SplitCo Sub to LGI for such calendar year differs from the actual amount of the Sharing Fee payable for such calendar year as indicated in the Statement, SplitCo Sub shall pay or LGI shall refund the difference (as the case may be) without interest within thirty (30) days after the date of delivery of the Statement. Before the conclusion of such 30-day period (the “Audit Election Period”), SplitCo Sub may elect to have the Statement of the calculation of the Sharing Fee for such calendar year only audited by a nationally-recognized accounting firm that has not performed any services for LGI or SplitCo Sub or any of their respective affiliates at any time during the three calendar years before such audit is elected to determine whether such Statement complies with the method described in this Agreement for calculating the Sharing Fee. Such accounting firm’s determination shall be binding upon the parties, absent manifest error. LGI shall credit any overpayment determined by the final audit report against any fees (including rent) due and owing by SplitCo Sub or, if no further payments are due, refund such overpayment directly to SplitCo Sub within 30 days of determination. Likewise, SplitCo Sub shall pay LGI any underpayment determined by the final audit report within 30 days of determination. The foregoing obligations shall survive the expiration or termination of this Agreement. If SplitCo Sub does not give written notice of its election to aud...
Sharing Fee. Party A agrees that, in addition to the fees in the preceding paragraph, within the service period of each designated game, Party B's monthly sharing fee shall be 3% of the net profit of the designated game for the month. If there is any change in the sharing ratio, it will be adjusted in the form of a supplementary agreement after negotiation between the two parties. Net profit is the total turnover of the specified game in the current month after deducting all costs; The total turnover refers to the revenue related to the designated game that Party A obtains from users after the designated game starts commercial operation in Hong Kong and Macau (including revenue calculated by recharge amount, the total amount of the all payments made by Party A’s members for purchasing game services). For self-recharge test fees, compensation for game points due to system downtime, delivery of holidays and other events, refunds to users due to operating system errors, and other reasons, user refunds or bad debts are not included in the total turnover. The licensor has full intellectual property rights or other legal rights to the designated game, and Party A obtains the right to operate the designated game by signing an agreement with the licensor on the designated game. The cost details are as follows (if there is any increase, it will be supplemented separately):
Sharing Fee. Republic Wireless will pay to Bandwidth a monthly fee (the “Sharing Fee”), by wire or intrabank transfer of funds or in such other manner as may be agreed upon by the parties, in advance on or before the first business day of each calendar month beginning with the first full calendar month following the date of the Spin-off, equal to (1) through and until the date that Republic Wireless occupies the 940 Main Campus Premises, (A) $46,753.13 for the month commencing on December 1, 2016; (B) $46,905.45 for the month commencing on January 1, 2017 and each calendar month thereafter (or pro rated if less than a complete calendar month); and (2) each calendar month thereafter, the sum of (A) the monthly amounts set forth in the following table, which each is based upon the fair market rental rate per square foot, including parking facilities, for space comparable to the Shared Facilities in Raleigh, North Carolina, plus (B) one-twelfth (or pro rated if less than a complete calendar month) the Annual Allocation Expense (as defined below): 1 - 3 See amounts prior to date that Republic Wireless occupies the 940 Main Campus Premises 4 - 6 $0.00 7 - 15 $69,101.67 16 - 27 $70,640.20 28 - 39 $72,178.73 40 - 51 $73,773.21 52 - 66 $75,395.67 The foregoing amounts do not include charges for expenses related to the use of the Shared Facilities, including, but not limited to, utilities, security and janitorial services, office equipment rent, office supplies, use of the cafeteria facilities onsite at the Shared Facilities, maintenance and repairs, telephone, satellite, video and information technology (including network maintenance and data storage, computer and telephone support and maintenance, and management and information systems (servers, hardware and related software)) (“Allocations”). With respect to each calendar year during the term of this facilities sharing agreement (this “Agreement”), Republic Wireless shall reimburse Bandwidth in an amount (the “Annual Allocation Expense”) equal to the product of (x) the aggregate amount of the estimated Allocations for such year, as determined in good faith by Bandwidth and notified to Republic Wireless prior to the commencement of such calendar year, and (y) the Facilities Percentage (as defined below) applicable to such calendar year; provided that, if the Facilities Percentage changes during any calendar year, the Annual Allocation Expense applicable to such calendar year shall be adjusted accordingly. The “Facilities Perc...
Sharing Fee. Republic Wireless will pay to Bandwidth a monthly fee (the “Sharing Fee”), by wire or intrabank transfer of funds or in such other manner as may be agreed upon by the parties, in advance on or before the first business day of each calendar month beginning with the first full calendar month following the date of the Spin-off, equal to (1) through and until the date that Republic Wireless occupies the 940 Main Campus Premises, (A) $46,753.13 for the month commencing on December 1, 2016; and (B) $46,905.45 for the month commencing on January 1, 2017 and each calendar month thereafter (or pro rated if less than a complete calendar month if Republic Wireless occupies the 940 Main Campus on any date other than the first calendar day of a month); and (2) each calendar month thereafter, the sum of (A) the monthly amounts set forth in the following table (or pro rated if less than a complete calendar month if Republic Wireless occupies the 940 Main Campus on any date other than the first calendar day of a month), which each is based upon the fair market rental rate per square foot, including parking facilities, for space comparable to the Shared Facilities in Raleigh, North Carolina, plus (B) one-twelfth (or pro rated if less than a complete calendar month) the Annual Allocation Expense (as defined below): 1 – 4 See amounts prior to date that Republic Wireless occupies the 940 Main Campus Premises 5 $32,026.08 6 – 7 $0.00 8 $41,842.83 9 – 16 $83,685.66 17 $84,617.38 18 – 28 $85,549.10 29 $86,480.83 30 – 40 $87,412.55 41 $88,378.15 42 – 52 $89,343.76 53 $90,326.30 54 – 67 $91,308.85 68 $45,654.42 C.Section 3(i) of the Facilities Sharing Agreement is hereby deleted and the following is inserted in lieu thereof:
(i) The term of this Agreement will commence on the Spin-off Effective Date and will continue until July 13, 2022 (the “Term”). This Agreement is subject to termination prior to the end of the Term in accordance with Section 3(ii).
Sharing Fee. Borrower agrees to pay to Lender a fee in the amount of twenty-five percent (25%) of Borrower's Net Profits with respect to each of the first four full fiscal quarters of Borrower occurring after the date hereof. Such fee shall be deemed to be fully earned as of the last day of each such fiscal quarter, and payable on the date on which the financial statements of Borrower for such fiscal quarter are to be delivered pursuant to Section 5.15.
