The Calculation and Payment of the Service Fees Sample Clauses
The Calculation and Payment of the Service Fees. 2.1 The fees payable by Party B to Service Providers during the term of this Agreement shall be calculated as follows:
2.1.1 Party B shall pay service fee to Party A or to Service Providers as instructed by Party A in each month. The service fee for each month shall consist of management fee and fee for services provided, which shall be determined or adjusted (if necessary) by the Party A by considering the following factors. Party B shall accept such determination and adjustments.
(1) Complexity and difficulty of the services provided by Party A;
(2) Title of and time consumed by employees of the Service Provider providing the services;
(3) Contents and value of the services provided by Party A;
(4) Market price of the same type of services;
(5) Operation conditions of the Party B.
2.1.2 If a Service Provider transfers technology to Party B or develops software or other technology as entrusted by Party B or leases equipments or properties to Party B, the technology transfer price, development fees or rent shall be determined by Party A or the Service Provider as instructed by Party A based on the actual situations.
The Calculation and Payment of the Service Fees. 2.1 The fees payable by Party B to Party A during the term of this Agreement shall be calculated as follows:
2.1.1 Party B shall pay service fee to Party A in each month. The service fee for each month shall consist of management fee and fee for services provided, which shall be determined by the Parties through negotiation after considering:
(1) Complexity and difficulty of the services provided by Party A;
(2) Title of and time consumed by employees of Party A providing the services;
(3) Contents and value of the services provided by Party A;
(4) Market price of the same type of services;
(5) Operation conditions of the Party B.
2.1.2 Both Parties agree that, in consideration of the services provided by Party A, Party B shall pay Party A fees (the “Service Fees”) equal to the net income of Party B, which equals the balance of the gross income less the costs of Party B acceptable to the Parties (the “Net Income”). The Service Fees shall be due and payable on a monthly basis. Within 30 days after the end of each month, Party B shall (a) deliver to Party A the management accounts and operating statistics of Party B for such month, including the Net Income of Party B during such month (the “Monthly Net Income”), and (b) pay such Monthly Net Income to Party A (each such payment, a “Monthly Payment”). Within ninety (90) days after the end of each fiscal year, Party B shall (a) deliver to Party A audited financial statements of Party B for such fiscal year, which shall be audited and certified by an independent certified public accountant approved by Party A, and (b) pay an amount to Party A equal to the shortfall, if any, of the aggregate net income of Party B for such fiscal year, as shown in such audited financial statements, as compared to the aggregate amount of the Monthly Payments paid by Party B to Party A in such fiscal year. Party A and Party B further agree that, according to the actual cooperation between Party A and Party B and the revenue and expenditure situation of Party B, the Parties can reasonably adjust the calculation ratio of the Service Fees provided herein, and Party A is entitled to determine, as its sole discretion, whether to permit Party B to defer the payment of part of Service Fees under certain particular circumstances.
The Calculation and Payment of the Service Fees. 2.1 The fees payable by Party B to Party A during the term of this Agreement shall be calculated as follows:
2.1.1 Party B shall pay service fee to Party A in each month. The service fee for each month shall consist of management fee and fee for services provided, which shall be determined by the Parties through negotiation after considering:
(1) Complexity and difficulty of the services provided by Party A;
(2) Title of and time consumed by employees of Party A providing the services;
(3) Contents and value of the services provided by Party A;
(4) Market price of the same type of services;
(5) Operation conditions of the Party B.
2.1.2 If Party A transfers technology to Party B or develops software or other technology as entrusted by Party B or leases equipments or properties to Party B, the technology transfer price, development fees or rent shall be determined by the Parties based on the actual situations.
The Calculation and Payment of the Service Fees. Both Parties agree that, with respect to the services provided by Party A to Party B under this Agreement, Party B shall pay an annual service fee to Party A in the equivalent amount of certain percentage (the “Rate of Service Fees”) of Party B’s audited total amount of operational income of such year (“Service Fees”). Party A may, by deliver a written notice to Party B, unilaterally adjust the Rate of Service Fees.
The Calculation and Payment of the Service Fees. 2.1 During the term of this Agreement, the fees that Party B shall pay to Party A shall be calculated in the following way:
2.1.1 With regard to services provided by Party A to Party B, Party B shall pay Party A service fees annually. The service fees under this Agreement shall be the balance of the 100% gross consolidated profits of Party B for any financial year after offsetting the accumulated losses (if any) of Party B and its subsidiaries for the preceding financial years and deducting the working capital, expenses, taxes and other statutory contributions required for any financial year, and reasonable operation profits determined in accordance with applicable PRC tax law principles and tax practice.
2.1.2 In the event that Party A transfers technology to Party B or Party A is entrusted by Party B to develop software or other technology, or Party A leases equipment or properties to Party B, the technology transfer fees, entrusted development fees or rents shall be determined by the Parties based on the actual situation.
2.1.3 In addition to the service fees, Party B shall bear all the reasonable expenses, advance payments and out-of-pocket expenses in any form paid or incurred by Party A when performing or providing services, and shall pay Party A compensation accordingly.
2.1.4 The Parties shall respectively bear the taxes and fees for its execution and performance of this Agreement payable in accordance with laws. If requested by Party A, Party B shall use its best effort to assist Party A to obtain the treatment of exemption from value-added taxes on all or any part of its service fees income under this Agreement.
2.1.5 Party B hereby acknowledges and agrees that, without prior written consent of Party A or persons designated by Party A, Party B will not conduct or prompt any activities or transactions that may materially affect Party B’s assets, business, personnel, obligations, rights or operations, or conduct or promote any activities or transactions that may materially affect Party B’s ability to perform its obligations under this Agreement.
The Calculation and Payment of the Service Fees. Both Parties agree that, in consideration of the services provided by Party A, Party B shall pay to Party A the fees (the “Service Fees”) equal to 100% of the net income of Party B, provided that Party A, at its sole discretion, shall have the right to adjust the rate of Service Fees based on the services rendered by Party A in that month and the operational needs of Party B through prior written notice. The Service Fees shall be due and payable on a monthly basis; within 30 days after the end of each month, Party B shall (a) deliver to Party A the management accounts and operating statistics of Party B for such month, including the net income of Party B during such month (the “Monthly Net Income”), and (b) pay 100% of such Monthly Net Income, or other amount agreed by Party A, to Party A (each such payment, a “Monthly Payment”). Within ninety (90) days after the end of each fiscal year, Party B shall (a) deliver to Party A audited financial statements of Party B for such fiscal year, which shall be audited and certified by an independent certified public accountant approved by Party A, and (b) pay an amount to Party A equal to the shortfall, if any, of the net income of Party B for such fiscal year, as shown in such audited financial statements, as compared to the aggregate amount of the Monthly Payments paid by Party B to Party A in such fiscal year.
The Calculation and Payment of the Service Fees. 2.1 The service fees under this Agreement shall be the balance of the 100% gross consolidated profits of Party B for any financial year after offsetting the accumulated losses (if any) of Party B and its subsidiaries for the preceding financial years and deducting the working capital, expenses, taxes and other statutory contributions required for any financial year. Notwithstanding the foregoing, Party A may, at its sole discretion, adjust the scope and amount of the service fees based upon the PRC tax regulations and taxation practice and with reference to the working capital needs of Party B. Party B shall accept such adjustment.
2.2 Party A shall calculate the service fees on annual basis and issue the corresponding invoice to Party B. Party B shall pay the service fees to the bank account designated by Party A within 10 business days after the receipt of such invoice, and deliver the copy of the payment certificate to Party A by fax or email within 10 business days after the payment. Party A shall provide Party B with receipt of payment within 10 business days after receipt of the service fees. Notwithstanding the foregoing, Party A may adjust the schedule and method of the payment of service fees at its own discretion, and Party B shall accept such adjustment.
The Calculation and Payment of the Service Fees. 在本协议有效期内，乙方应向甲方支付的费用应按如下方式计算： The fees payable by Party B to Party A during the term of this Agreement shall be calculated as follows:
The Calculation and Payment of the Service Fees. 2.1 The fees payable by Party B to Party A during the term of this Agreement shall be calculated as follows:
2.1.1 As requested by Party A, Party B shall pay service fee to Party A in each month. Party A may determine and adjust the service fee at its sole discretion by considering the following factors and with reference to the working capital requirements of Party B. Party B shall accept such determination and adjustments.
(1) Complexity and difficulty of the services provided by Party A;
(2) Title of and time consumed by employees of Party A providing the services;
(3) Contents and value of the services provided by Party A;
(4) Market price of the same type of services;
(5) Operation conditions of the Party B.
2.1.2 On the premise of complying with the PRC law, Party A agrees that, during the term of this agreement, it is entitled to and responsible for all economic benefits and risks derived by Party B. If any operating loss or critical operation adversity occurs in Party B, Party A shall provide financial support to Party B, and only Party A can decide whether Party B should continue its operation and Party B shall unconditionally accept and execute the decision made by Party A as aforesaid.
2.1.3 If Party A transfers technology to Party B or develops software or other technology as entrusted by Party B or leases equipments or properties to Party B, the technology transfer price, development fees or rent shall be determined by the Parties based on the actual situations.
The Calculation and Payment of the Service Fees. 2.1 The fees payable by Party B to Party A during the term of this Agreement shall be calculated as follows:
2.1.1 As requested by Party A, Party B shall pay service fee to Party A in each month. The service fee for each month shall consist of management fee and fee for services provided, which shall be determined by the Parties through negotiation after considering:
(1) Complexity and difficulty of the services provided by Party A;
(2) Title of and time consumed by employees of Party A providing the services;
(3) Contents and value of the services provided by Party A;
(4) Market price of the same type of services;
(5) Operation conditions of the Party B.
2.1.2 On the premise of complying with the PRC law, Party A agrees that, during the term of this agreement, it is entitled to and responsible for all economic benefits and risks derived by Party B. If any operating loss or critical operation adversity occurs in Party B, Party A shall provide financial support to Party B, and only Party A can decide whether Party B should continue its operation and Party B shall unconditionally accept and execute the decision made by Party A as aforesaid.