Common use of Maintenance Fee Clause in Contracts

Maintenance Fee. TopoDot® Maintenance services will be paid for annually on January 1st of each year. The first payment of fees for such services (the “Maintenance Fee”) is due on the first occurring January 1st date after the Effective Date. The Maintenance Fee is calculated based on the total number of TopoDOT® User-Days actually attributed to the Licensee’s use over the preceding year. The Maintenance Fee is calculated as the Per Day Maintenance Rate (provided in Exhibit B: “Current TopoDOT® Price List”) multiplied by the number of such User-Days. The Licensor reserves the right to update the Per Day Maintenance Rate at any time in its sole discretion; provided, however, that the Per Day Maintenance Rate shall not increase in any twelve-month period by more than the change for the same period of time in the Consumer Price Index for All Urban Consumers, U.S. City Average, All Items (the “CPI Index”), or any similar successor index thereto, plus two percent (2%). The applicable Per Day Maintenance Rate used for Maintenance Fees accruing on any January 1st will be that rate published by the Licensor as of the December 1st preceding such payment date. Should the Licensee elect not to purchase annual TopoDOT® Maintenance, the Licensor may take the following action: