Common use of Imprest Fund Clause in Contracts

Imprest Fund. At all times during the term of this Agreement, the Company shall maintain with HFS an imprest fund (the "IMPREST FUND") sufficient to cover certain expenses paid by HFS on behalf of the Company, including all UPS, U.S.P.S., common carrier and other delivery service shipping costs, packing materials, stationery and other similar expenses, and HFS shall pay such expenses therefrom so long as and to the extent that a balance remains therein. The Company and HFS shall agree in advance upon which costs and charges are to be paid from the Imprest Fund, it being understood that such list of charges may change from time to time according to the Company's business needs and HFS's operations. The Imprest Fund shall (at a minimum) be funded by the Company on a weekly basis to bring the balance of the fund to an amount which would cover forecasted expenses for the ensuing two (2) week period after taking into consideration such factors as forecasted order volume, seasonality and other applicable factors. If the Imprest Fund is insufficient to cover such expenses, HFS may, in its sole discretion: (a) upon request of the Company, pay the expenses and immediately invoice the Company for the amount of expenses incurred plus a fifteen percent (15%) mark-xx and such invoice amount shall be payable within ten (10) Business Days of receipt; or (b) following ten (10) Business Days after providing the Company with written notice of insufficient funds in the Imprest Fund (and the Imprest Fund has not during such time been restored in full), not pay the expenses, and if HFS so elects not to pay the expenses, it shall have no liability whatsoever for any losses or liabilities incurred by the Company for such nonpayment. HFS shall provide the Company with a weekly statement setting forth the balance of, and accounting for disbursements from, the Imprest Fund.

Appears in 2 contracts

Samples: Fulfillment Services Agreement (Alloy Online Inc), Fulfillment Services Agreement (Alloy Online Inc)

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Imprest Fund. At all times any time during the term of this Agreement, the Company shall may establish and maintain with HFS NewRoads an imprest fund (the "IMPREST FUND") sufficient to cover certain expenses paid by HFS on behalf of the Company, including all UPS, U.S.P.S., common carrier and other delivery service shipping costs, packing materials, stationery and other similar expenses, and HFS Imprest Fund. NewRoads shall pay such expenses therefrom so long as and to the extent that a balance remains therein. The Company and HFS NewRoads shall agree in advance upon which costs and charges are to be paid from the Imprest Fund, it being understood that such list of charges may change from time to time according to the Company's business needs and HFS's NewRoads' operations. The Imprest Fund shall (at a minimum) be funded by the Company on a weekly basis to bring the balance of the fund to an amount which would cover forecasted expenses for the ensuing two (2) week period after taking into consideration such factors as forecasted order volume, seasonality and other applicable factors. If the Imprest Fund is insufficient to cover such expenses, HFS NewRoads may, in its sole discretion: (a) upon request of the Company, pay the expenses and immediately invoice the Company for the amount of expenses incurred plus a fifteen [***] percent (15%) mark-xx up, and such invoice amount shall be payable within ten (10) Business fivx Xxsiness Days of after receipt; or (b) following ten five (105) Business Days after providing the Company with written notice of insufficient funds in the Imprest Fund (and the Imprest Fund has not during such time been restored in full), elect not to pay the expenses, and if HFS NewRoads so elects not to pay the expenses, it shall have no liability whatsoever for any losses or liabilities incurred by the Company for such nonpayment. HFS In addition, if the Imprest Fund is being used to cover the costs of common carrier and other delivery service shipping, NewRoads may suspend shipping if the available funds are insufficient to pay additional shipping charges. NewRoads shall provide the Company with a weekly statement setting forth the balance of, and accounting for disbursements from, the Imprest Fund.

Appears in 1 contract

Samples: Master Services Agreement (Bluefly Inc)

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Imprest Fund. At all times any time during the term of this Agreement, upon the request of Accretive Commerce or at Company’s request with Accretive Commerce’s approval, Company shall will establish and maintain with HFS an imprest fund (the "IMPREST FUND") sufficient to cover certain expenses paid by HFS on behalf of the Company, including all UPS, U.S.P.S., common carrier and other delivery service shipping costs, packing materials, stationery and other similar expenses, and HFS shall pay such expenses therefrom so long as and to the extent that a balance remains thereinImprest Fund. The Company and HFS Accretive Commerce shall agree in advance upon which costs and charges are to be paid from the Imprest Fund, it being understood that such list of charges may change from time to time according to the Company's ’s business needs and HFS's Accretive Commerce’s operations. The Accretive Commerce shall pay Company costs and charges therefrom (as identified in the applicable Statement of Work or otherwise mutually agreed) so long as and to the extent that a balance remains therein. As a minimum, the Imprest Fund shall (at a minimum) be funded by the Company on a weekly basis from time to time as needed to bring the balance of the fund Imprest Fund to an amount which that would cover forecasted expenses for the ensuing two (2) two-week period after taking into consideration such factors as forecasted order volume, seasonality and other applicable factors. If the Imprest Fund is insufficient to cover such expenses, HFS Accretive Commerce may, in its sole discretion: (a) upon request of the Company, pay the expenses and immediately invoice the Company for the amount of expenses incurred plus a fifteen percent (15%) mark-xx incurred, and such invoice amount shall be payable within ten (10) five Business Days of after receipt; or (b) following ten (10) five Business Days after providing the Company with written notice of insufficient funds in the Imprest Fund (and the Imprest Fund has not during such time been restored in full), elect not to pay the expenses, and if HFS Accretive Commerce so elects not to pay the expenses, it shall have no liability whatsoever for any losses or liabilities incurred by the Company for such nonpayment. HFS In addition, if the Imprest Fund is being used to cover the costs of common carrier and other delivery service shipping, Accretive Commerce may suspend shipping if the available funds are insufficient to pay additional shipping charges. Accretive Commerce shall provide the Company with a weekly statement setting forth the balance of, and accounting for disbursements from, the Imprest Fund.

Appears in 1 contract

Samples: Master Services Agreement (Valcent Products Inc.)

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