CONTRA Clause Samples

CONTRA. The sine qua non requirement for service of summons and other legal processes or any such agent or representative is that the foreign corporation is doing business in the Philippines. xHyopsung Maritime Co., Ltd. v. CA, 165 SCRA 258 1988); Signetics Corp. v. CA, 225 SCRA 737 (1993).

CONTRA. 8.1 The parties agree that the value of the Web Sites at launch (Fall 1999) is Fifty Thousand Dollars ($50,000) per Web Site for a total value of One Hundred Thousand Dollars ($100,000). This total development cost represents approximately 1000 hours at BZE's book rate of $100.00 per hour. This development budget to BZE for its know-how and effort in creating the Web Sites, minus the initial deposit will place a value of $80,000 on the Web Sites at public launch. CKNW/CFMI will provide to BZE commercial air-time of equal value ($80,000) during the first 12 months of the contract, in accordance with Article 8. 8.2 After the public launch of the Web Sites, the parties will collectively assign a monthly value for ongoing interactive development by BZE beyond that covered by the basic maintenance fee, and provide BZE with additional contra commercial air time of equal value. 8.3 Blue Zone will have the right to choose which station(s) and times to place such commercial air time, and have full creative control over such commercials. CKNW/CFMI has the right to approve the suitability for broadcast of all creative. Such approval will not be unreasonably withheld. All commercials will be booked 9 -9- on a pre-emptible basis, subject to air time availability. BZE agrees to pay CKNW/CFMI for all out of pocket costs incurred in producing these commercial announcements. The commercials are intended for the sole use of BZE to advertise its products or services, and are not to be used either directly or indirectly for any other product or service.

CONTRA. 10.1. If the Campaign includes contra, this section applies. 10.2. Advertiser will provide CBC/R-C with the goods and/or services detailed in the Letter of Agreement and in exchange CBC/R-C will provide Advertiser with Campaign elements detailed in the Letter of Agreement. The full contra value being exchanged will be the amount indicated in the Letter of Agreement. 10.3. CBC/R-C and Advertiser agree that they will retain, for income tax and GST/HST purposes, material in support of the estimates of values indicated in the Letter of Agreement. CBC/R-C and Advertiser agree and recognize that the goods and/or services which are to be effected under the Agreement constitute a barter transaction for income tax and GST/HST purposes. They also agree that the goods and/or services are taxable supplies insofar as GST/HST is concerned and that the value of the supply of the goods and/or services made by one Party is equal to the value of the supply of the goods and/or services made by the other Party. The Parties agree to record their respective portion of the GST/HST transaction in their accounting records.

CONTRA. 8.1 The parties agree that the value of the Web Sites at launch (Fall 1999) is **** Dollars ($****) per Web Site for a total value of **** Dollars ($****). This total development cost represents approximately **** hours at BZE's book rate of $**** per hour. This development budget to BZE for its know-how and effort in creating the Web Sites, minus the initial deposit will place a value of $**** on the Web Sites at public launch. CKNW/CFMI will provide to BZE commercial air-time of equal value ($****) during the first 12 months of the contract, in accordance with Article 8.3. 8.2 After the public launch of the Web Sites, the parties will collectively assign a monthly value for ongoing interactive development by BZE beyond that covered by the basic maintenance fee, and provide BZE with additional contra commercial air time of equal value. 8.3 Blue Zone will have the right to choose which station(s) and times to place such commercial air time, and have full creative control over such commercials. CKNW/CFMI has the right to approve the suitability for broadcast of all creative. Such approval will not be unreasonably withheld. All commercials will be booked on a pre-emptible basis, subject to air time availability. BZE agrees to pay CKNW/CFMI for all out of pocket costs incurred in producing these commercial announcements. The commercials are intended for the sole use of BZE to advertise its products or services, and are not to be used either directly or indirectly for any other product or service.

CONTRA