Common use of Concession Fee Clause in Contracts

Concession Fee. 6.1 Subject to Clause 6.2 hereunder and other terms of this Concession Agreement and during the Concession Period, the Concessionaire shall pay to the DTC the Concession Fees from COD, as specified in Schedule 4: Concession Fee, against the grant of Concession under the Concession Agreement. 6.2 The Concessionaire has right to display or permit display of advertisement on 1,500 Standard Floor Buses (List provided in Schedule 7) from COD as per the space details specified in Schedule 2: Specification of the Earmarked Space for Advertisement from the COD only if LED based Route Display System has been commissioned by the Concessionaire. 6.3 The Concessionaire shall be responsible for adhering to the minimum Standards of Performance while performing its Scope of Services, failing which DTC shall be entitled to levy default charges upon the Concessionaire as specified in Schedule 6 (“Default Charges”). 6.4 The Concessionaire shall pay service tax (as applicable) over and above the quoted Concession Fee to DTC. However, all duties and taxes in consequence of its obligations under this Concession Agreement, including customs and excise duties, advertisement tax, VAT, any cess, levy, duty, tax or charge etc shall be directly borne by the Concessionaire. The Concession Fee shall not be reduced for such costs. 6.5 The Concessionaire specifically agrees that the Concession Fee shall be paid notwithstanding any cause whatsoever and shall not be withheld on any ground whatsoever. 6.6 Concessionaire will deduct appropriate TDS as required under the Income Tax ▇▇▇ ▇▇▇▇ from all the payment to be made to DTC unless exemption certificate is provided by DTC. TDS certificate(s) shall be promptly provided to DTC against such deductions. 6.7 Rebate in Concession Fee: DTC will raise the ▇▇▇▇ on monthly basis for buses for which COD has been issued irrespective of number of buses outshedded. The Concessionaire will be entitled for rebate in payment of Concession Fee on pro-rata basis in case the average fleet utilization is below 85% (Eighty Five Percent) of the bus fleet fitted with the LED based display system in the morning shift on working days, which shall be reckoned on quarterly average basis as per Clause 4.1 (e). However, the Concessionaire shall make the post-quarterly adjustment for the same after advance approval of DTC. Example, in case the average fleet utilization is 80% (Eighty Percent) then the applicable rebate on the Concession Fee shall be 5% of the payment amount during the quarter.

Appears in 1 contract

Sources: Concession Agreement

Concession Fee. 6.1 Subject to Clause 6.2 hereunder and other terms of this Concession Agreement and during the Concession Period, the Concessionaire Contractor shall pay to Concessionaire 20% (the DTC “Percentage Fee”) of all payments collected for Activities, based on the Concession Fees descriptions and costs and fees contained in Exhibit “B” from CODResort Guests and Patrons (the “Gross Sales”). The term “Gross Sales” shall not include payments from Guests and Patrons to Contractor for incidental fees and services, as specified limited to fair-market fuel costs, fishing gear, customs fees, immigration fees, and gratuities. Notwithstanding the foregoing sentence, under no circumstance should the Gross Sales for any Activity be less than the applicable amount set forth in Schedule 4: Concession Fee, against Exhibit “B”. Where possible Gross Sales for the grant booking or sale of Concession under any Activity will be collected by Concessionaire on the Concession Agreement. 6.2 The Guest or Patron’s Resort room charge account. Concessionaire has right to display or permit display of advertisement on 1,500 Standard Floor Buses (List provided in Schedule 7) from COD as per will automatically deduct the space details specified in Schedule 2: Specification of the Earmarked Space for Advertisement Percentage Fee from the COD only if LED based Route Display System has been commissioned by the Concessionaire. 6.3 The applicable payment that Concessionaire shall be responsible for adhering makes to the minimum Standards of Performance while performing its Scope of Services, failing which DTC shall be entitled Contractor. Such payment Concessionaire to levy default charges upon Contractor (being Gross Sales less the Concessionaire as specified in Schedule 6 (“Default Charges”). 6.4 The Concessionaire shall pay service tax (as applicable) over and above the quoted Concession Fee to DTC. However, all duties and taxes in consequence of its obligations under this Concession Agreement, including customs and excise duties, advertisement tax, VAT, any cess, levy, duty, tax or charge etc shall be directly borne by the Concessionaire. The Concession Fee shall not be reduced for such costs. 6.5 The Concessionaire specifically agrees that the Concession Fee shall be paid notwithstanding any cause whatsoever and shall not be withheld on any ground whatsoever. 6.6 Concessionaire will deduct appropriate TDS as required under the Income Tax ▇▇▇ ▇▇▇▇ from all the payment to be made to DTC unless exemption certificate is provided by DTC. TDS certificate(sPercentage Fee) shall be promptly provided to DTC against such deductions. 6.7 Rebate in Concession Fee: DTC will raise the ▇▇▇▇ on a twice-monthly basis paid within seven (7) business days of (i) the last-day of each month and (ii) the fifteenth (15th) day of each month and shall include the Percentage Fee for buses for which COD has been issued irrespective of number of buses outshedded. The Concessionaire will be entitled for rebate in payment of Concession Fee on pro-rata basis in case the average fleet utilization is below 85% (Eighty Five Percent) Gross Sales of the bus fleet fitted with previous half-month period. Notwithstanding the LED based display system in foregoing, both parties agree that Concessionaire is not obligated to make any payments to Contractor, nor shall it have any right to deduct its Percentage Fee, until the morning shift on working days, which Resort shall be reckoned on quarterly average basis as per Clause 4.1 (e). However, have paid Concessionaire the Concessionaire shall make the post-quarterly adjustment Gross Sales for the same after advance approval booking and sale of DTCany particular Activity. ExampleFurthermore, in case Contractor shall submit a full report to Concessionaire within three (3) business days of each billing cycle detailing all activities delivered by Contractor to Guests. In addition to the average fleet utilization is 80% “Percentage Fee”, contractor shall pay TWO AND ONE-HALF PERCENT (Eighty Percent2.5%) then to Concessionaire for processing fees related to the applicable rebate on the Concession Fee shall be 5% processing and collection of the payment amount during the quarterpayments from Guest or Patron’s credit cards.

Appears in 1 contract

Sources: Marketing Agreement

Concession Fee. 6.1 Subject to Clause 6.2 hereunder and other terms of this Concession Agreement and during the Concession Period, the Concessionaire Contractor shall pay to Concessionaire (the DTC “Percentage Fee”) of all payments collected for Activities, based on the Concession descriptions and costs and fees contained in Exhibit “B” from Resort(s) Guests and Patrons (the “Gross Sales”). The term “Gross Sales” shall not include payments from Hotel Guests and Patrons to Contractor for incidental fees and services, limited to fair-market fuel costs, fishing gear, customs fees, immigration fees, and gratuities. Notwithstanding the foregoing sentence, under no circumstance should the Gross Sales for any Activity be less than the applicable amount set forth in Exhibit “B”. Gross Sales for the booking or sale of any Activity will be collected by Concessionaire on the Guest or Patron’s Resort(s) room charge account. Concessionaire will automatically deduct the Percentage Fee from the applicable payment that Concessionaire makes to the Contractor. Such payment Concessionaire to Contractor shall be on a twice- monthly basis paid within seven (7) business days of (i) the last-day of each month and (ii) the fifteenth (15th) day of each month and shall include the Percentage Fees from CODfor the Gross Sales of the previous half-month period. Notwithstanding the foregoing, as specified in Schedule 4: Concession both parties agree that Concessionaire is not obligated to make any payments to Contractor, nor shall it have any right to deduct its Percentage Fee, against until the grant Resort(s) shall have paid Concessionaire the Gross Sales for the booking and sale of Concession under the Concession Agreement. 6.2 The any particular Activity. Furthermore, Contractor shall submit a full report to Concessionaire has right within three (3)business days of each billing cycle detailing all activities delivered by Contractor to display or permit display of advertisement on 1,500 Standard Floor Buses (List provided in Schedule 7) from COD as per the space details specified in Schedule 2: Specification of the Earmarked Space for Advertisement from the COD only if LED based Route Display System has been commissioned by the Concessionaire. 6.3 The Concessionaire shall be responsible for adhering Guests. In addition to the minimum Standards “Percentage Fee”, contractor shall pay THREE AND ONE-HALF PERCENT (3.5%) to Contractor for processing fees related to the processing and collection of Performance while performing its Scope of Servicespayments from Guest or Patron’s credit cards. Contractor agrees that should it cancel a pre-booked Activity due to factors other than mechanical issues, failing which DTC weather-related events, Acts-of-God Concessionaire shall be entitled to levy default charges upon payment equal to the Concessionaire as specified in Schedule 6 Guest or Patron’s cost and payment for the cancelled Activity plus five percent (“Default Charges”5.00%). 6.4 The Concessionaire shall pay service tax (as applicable) over and above the quoted Concession Fee to DTC. However, all duties and taxes in consequence of its obligations under this Concession Agreement, including customs and excise duties, advertisement tax, VAT, any cess, levy, duty, tax or charge etc shall be directly borne by the Concessionaire. The Concession Fee shall not be reduced for such costs. 6.5 The Concessionaire specifically agrees that the Concession Fee shall be paid notwithstanding any cause whatsoever and shall not be withheld on any ground whatsoever. 6.6 Concessionaire will deduct appropriate TDS as required under the Income Tax ▇▇▇ ▇▇▇▇ from all the payment to be made to DTC unless exemption certificate is provided by DTC. TDS certificate(s) shall be promptly provided to DTC against such deductions. 6.7 Rebate in Concession Fee: DTC will raise the ▇▇▇▇ on monthly basis for buses for which COD has been issued irrespective of number of buses outshedded. The Concessionaire will be entitled for rebate in payment of Concession Fee on pro-rata basis in case the average fleet utilization is below 85% (Eighty Five Percent) of the bus fleet fitted with the LED based display system in the morning shift on working days, which shall be reckoned on quarterly average basis as per Clause 4.1 (e). However, the Concessionaire shall make the post-quarterly adjustment for the same after advance approval of DTC. Example, in case the average fleet utilization is 80% (Eighty Percent) then the applicable rebate on the Concession Fee shall be 5% of the payment amount during the quarter.

Appears in 1 contract

Sources: Concession Agreement

Concession Fee. 6.1 Subject to Clause 6.2 hereunder and other terms of this Concession Agreement and during the Concession Period, the Concessionaire Contractor shall pay to Concessionaire (the DTC “Percentage Fee”) of all payments collected for Activities, based on the Concession descriptions and costs and fees contained in Exhibit “B” from Resort(s) Guests and Patrons (the “Gross Sales”). The term “Gross Sales” shall not include payments from Hotel Guests and Patrons to Contractor for incidental fees and services, limited to fair-market fuel costs, fishing gear, customs fees, immigration fees, and gratuities. Notwithstanding the foregoing sentence, under no circumstance should the Gross Sales for any Activity be less than the applicable amount set forth in Exhibit “B”. Gross Sales for the booking or sale of any Activity will be collected by Concessionaire on the Guest or Patron’s Resort(s) room charge account. Concessionaire will automatically deduct the Percentage Fee from the applicable payment that Concessionaire makes to the Contractor. Such payment Concessionaire to Contractor shall be on a twice- monthly basis paid within seven (7) business days of (i) the last-day of each month and (ii) the fifteenth (15th) day of each month and shall include the Percentage Fees from CODfor the Gross Sales of the previous half-month period. Notwithstanding the foregoing, as specified in Schedule 4: Concession both parties agree that Concessionaire is not obligated to make any payments to Contractor, nor shall it have any right to deduct its Percentage Fee, against until the grant Resort(s) shall have paid Concessionaire the Gross Sales for the booking and sale of Concession under the Concession Agreement. 6.2 The any particular Activity. Furthermore, Contractor shall submit a full report to Concessionaire has right within three (3)business days of each billing cycle detailing all activities delivered by Contractor to display or permit display of advertisement on 1,500 Standard Floor Buses (List provided in Schedule 7) from COD as per the space details specified in Schedule 2: Specification of the Earmarked Space for Advertisement from the COD only if LED based Route Display System has been commissioned by the Concessionaire. 6.3 The Concessionaire shall be responsible for adhering Guests. In addition to the minimum Standards “Percentage Fee”, contractor shall pay TWO AND ONE-HALF PERCENT (2.5%) to Contractor for processing fees related to the processing and collection of Performance while performing its Scope of Servicespayments from Guest or Patron’s credit cards. Contractor agrees that should it cancel a pre-booked Activity due to factors other than mechanical issues, failing which DTC weather-related events, Acts-of-God Concessionaire shall be entitled to levy default charges upon payment equal to the Concessionaire as specified in Schedule 6 Guest or Patron’s cost and payment for the cancelled Activity plus five percent (“Default Charges”5.00%). 6.4 The Concessionaire shall pay service tax (as applicable) over and above the quoted Concession Fee to DTC. However, all duties and taxes in consequence of its obligations under this Concession Agreement, including customs and excise duties, advertisement tax, VAT, any cess, levy, duty, tax or charge etc shall be directly borne by the Concessionaire. The Concession Fee shall not be reduced for such costs. 6.5 The Concessionaire specifically agrees that the Concession Fee shall be paid notwithstanding any cause whatsoever and shall not be withheld on any ground whatsoever. 6.6 Concessionaire will deduct appropriate TDS as required under the Income Tax ▇▇▇ ▇▇▇▇ from all the payment to be made to DTC unless exemption certificate is provided by DTC. TDS certificate(s) shall be promptly provided to DTC against such deductions. 6.7 Rebate in Concession Fee: DTC will raise the ▇▇▇▇ on monthly basis for buses for which COD has been issued irrespective of number of buses outshedded. The Concessionaire will be entitled for rebate in payment of Concession Fee on pro-rata basis in case the average fleet utilization is below 85% (Eighty Five Percent) of the bus fleet fitted with the LED based display system in the morning shift on working days, which shall be reckoned on quarterly average basis as per Clause 4.1 (e). However, the Concessionaire shall make the post-quarterly adjustment for the same after advance approval of DTC. Example, in case the average fleet utilization is 80% (Eighty Percent) then the applicable rebate on the Concession Fee shall be 5% of the payment amount during the quarter.

Appears in 1 contract

Sources: Concession Agreement