Net Costs Sample Clauses

Net Costs. The Company shall pay the balance of the net cost of the Program as set forth in Article II over and above any employee contributions specified in Article III. It shall also pay any increase in such costs and shall receive and retain any divisible surplus, credits or refunds or reimbursements under whatever name, arising out of any such Program.
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Net Costs. Seller shall prepare a report setting forth its determination of the Net Phase III Cost, with a detailed description of such underlying costs and supporting receipts therefor (the “Phase III Net Cost Adjustment Report” and together with the Phase II Net Cost Adjustment Report, the “Net Cost Adjustment Reports”). The Phase III Net Cost Adjustment Report (i) shall be prepared from the Seller’s books and records in accordance with GAAP, consistently applied, and (iii) shall be delivered to Ethanex no later than one (1) day after the Phase III Closing Date. If Ethanex disagrees with Seller’s calculation of the adjustments to the Phase III Purchase Price, Ethanex shall promptly, but in no event later than five (5) days following receipt of the Phase III Net Cost Adjustment Report, deliver to Seller written notice (the “Phase III Net Cost Objection Notice”) describing in reasonable detail its dispute by specifying those items of the Net Phase III Costs as to which it disagrees, together with its determination of such disputed amounts; provided, that Ethanex shall be deemed to have agreed with all items and amounts that are not disputed. If the dispute is not resolved by the parties within five (5) days following the date of Seller’s receipt of the Phase III Net Cost Objection Notice, the parties shall engage an Independent Engineer, which shall resolve the dispute within thirty (30) days following such engagement. The Independent Engineer shall act as an expert and not as an arbitrator to determine, based solely on the written submissions of the Seller, on the one hand, and Ethanex, on the other hand, and not by independent investigation, only the specific items under dispute by the parties. The Independent Engineer shall render a written report as to the resolution of the dispute and the resulting computations. The Independent Engineer’s determination of the disputed items or amounts shall, absent manifest error, be final and binding on the parties. In resolving any disputed item, the Independent Engineer (i) shall be bound by the provisions of this Agreement and (ii) may not assign a value to any item greater than the greatest value for such item claimed by either party in the Phase III Net Cost Adjustment Report or the Phase III Net Cost Objection Notice, as applicable, or less than the smallest value for such item claimed by either party in the Phase III Net Cost Adjustment Report or the Phase III Net Cost Objection Notice, as applicable. Ethanex, on the one...
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Net Costs. (1) The Company, or a trust, shall pay the balance of the net cost of the Program over and above any enrollee contributions or payments specified in the Program. The Company, or a trust, shall receive and retain any credits, refunds, or reimbursements under whatever name, arising out of the Program. Art. I, 2(a)(2)
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Net Costs. Purchaser will remain responsible for the payment of all Net Costs associated with the Purchaser’s Percentage of Output, regardless of power availability or usage of the surplus funds generated by surplus power sales. Any Surplus Proceeds to which Purchaser would otherwise be entitled hereunder will be subject to set off and counterclaims arising from a default by Purchaser in the performance of its obligations hereunder. Surplus Proceeds and all Purchaser credits at the expiration or termination of this Agreement shall be subject to forfeiture pursuant to Section 7.06 below.
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Net Costs. Purchaser shall pay monthly to the District during each Contract Year, an amount equal to the Purchaser’s Percentage of Net Costs determined in accordance with Appendix A hereto.
Sample 1
Net Costs. The Company or a trust shall pay the balance of the net cost of the Program over and above any employee contributions specified in Article III (other than Optional Life, Dependent Life and Personal Accident Insurance), and the cost of benefits as presently provided to General Motors employees under the New York, New Jersey, and California disability benefit laws. The Company or a trust shall also pay any increase in such costs and shall receive and retain any divisible surplus, credits or refunds or reimbursements under whatever name, arising out of any such Program.
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Net Costs 
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Related to Net Costs

  • Direct Costs Insert the major cost elements. For each element, consider the application of the paragraph entitled “Costs Requiring Prior Approval” on page 1 of these instructions.

  • Development Costs With respect to activities prior to the Amendment Effective Date, each Party was to pay [*] of the total Direct Development Costs of a Product incurred in accordance with the Development Budget (as defined in the Original Agreement). Notwithstanding anything in this Article 6 of this Agreement or in any other provision of this Agreement to the contrary, with respect to activities on and after the Amendment Effective Date, subject to Sections 3.1.2, Alimera will be solely responsible for, and shall pay one hundred percent (100%) of, all development costs of a Product, including Direct Development Costs. Notwithstanding anything in this Article 6 of this Agreement or in any other provision of this Agreement to the contrary, (i) all payments owing by CDS hereunder with respect to development activities prior to the Amendment Effective Date are hereby deemed fully paid by CDS (or waived, to the extent such waiver may be required), including any Development Payments, Compounded Development Payments, Determined Disputed Costs and Compounded Disputed Costs (as all defined in the Original Agreement), further including any penalties and interest which might have accrued with respect thereto, and further including all CDS payments deferred pursuant to that February 11, 2008 letter agreement sent by CDS and executed by CDS and Alimera regarding deferral of payments under the Original Agreement as of such date; (ii) all payments owing by Alimera hereunder with respect to development activities prior to the Amendment Effective Date are hereby deemed fully paid by Alimera (or waived, to the extent such waiver may be required), including any Development Payments, Compounded Development Payments, Determined Disputed Costs and Compounded Disputed Costs (as all defined in the Original Agreement), and further including any penalties and interest which might have accrued with respect thereto; and (iii) subject to Sections 3.1.1 and 3.1.2, from and after the Amendment Effective Date, CDS will have no liability whatsoever hereunder for any past, present or future development costs, including Direct Development Costs (which includes those incurred before, on and after the Amendment Effective Date), and instead Alimera shall have sole liability therefor.

  • Project Costs Simultaneously with the execution of this Agreement, the Company shall disclose to the Department all of the Project Costs which the Company seeks to include for purposes of determining the limitation of the amount of the Credit pursuant to Section 5-30 of the Act and provide to the Department a Schedule of Project Costs in the form as attached hereto as Exhibit C.

  • Audit Costs In the event of an audit exception or exceptions related to the services provided pursuant to the terms and conditions of this Agreement, the party responsible for not meeting the requirements set forth herein shall be responsible for the deficiency and for the cost of the audit. If the allowable expenditures cannot be determined because CONTRACTOR’s documentation is nonexistent or inadequate, according to generally accepted accounting practices, the questionable cost shall be disallowed by COUNTY.

  • Amendment costs If (a) the Borrower requests an amendment, waiver or consent or (b) an amendment is required pursuant to Clause 27.9 (Change of currency), the Borrower shall, within three Business Days of demand, reimburse the Agent for the amount of all costs and expenses (including legal fees) reasonably incurred by the Agent in responding to, evaluating, negotiating or complying with that request or requirement.

  • Patent Costs Within 30 days after receiving a statement from Stanford, ***** will reimburse Stanford:

  • Patent Expenses Unless agreed otherwise, the Party filing a Patent Application will pay all preparation and filing expenses, prosecution fees, issuance fees, post issuance fees, patent maintenance fees, annuities, interference expenses, and attorneys’ fees for that Patent Application and any resulting Patent(s). If a license to any CRADA Subject Invention is granted to Collaborator, then Collaborator will be responsible for all expenses and fees, past and future, in connection with the preparation, filing, prosecution, and maintenance of any Patent Applications and Patents claiming exclusively licensed CRADA Subject Inventions and will be responsible for a pro-rated share, divided equally among all licensees, of those expenses and fees for non-exclusively licensed CRADA Subject Inventions. Collaborator may waive its exclusive option rights at any time, and incur no subsequent financial obligation for those Patent Application(s) or Patent(s).

  • Additional Expenses The Underwriter will pay all expenses (e.g., shipping, postage and courier costs) associated with the delivery of the Prospectus to prospective investors and investors, other than the costs of delivery to the Underwriter's facilities, provided, that if courier services (other than overnight delivery services utilized in the ordinary course of business) are required to ensure that the Prospectus is delivered to investors on the day immediately preceding the Closing Date, the Company will pay such courier expenses. If the foregoing is in accordance with your understanding of our agreement, please sign and return to the undersigned a counterpart hereof, whereupon this letter and your acceptance shall represent a binding agreement between the Underwriter and the Company. Very truly yours, PAINEWEBBER INCORPORATED By:____________________________ Name: Title: The foregoing Agreement is hereby confirmed and accepted as of the date hereof. GE CAPITAL MORTGAGE SERVICES, INC. By:____________________________ Name: Title:

  • Estimated Costs The proposed GMP Change Order shall include separately identified dollar amounts, stated as fixed sums, for Actual Costs as estimated by the Design-Builder for the complete construction of the Project, which amount shall include the all Trade Contract and Subcontract Sums, costs of materials, and any Component Change Order Sums;

  • Excess Costs If the sum of the Permitted Costs exceeds the Finish Allowance, then Tenant shall pay all such excess costs ("Excess Costs"), provided, however, Landlord will, prior to the commencement of construction of Tenant's Improvements, advise Tenant of the Excess Costs, if any, and the Contract Sum. Tenant shall have two (2) business days from and after the receipt of such advice within which to approve or disapprove the Contract Sum and Excess Costs. If Tenant fails to approve same by the expiration of the second such business day, then Tenant shall be deemed to have approved the Proposed Contract Sum and Excess Costs. If Tenant disapproves the Contract Sum and Excess Costs within such two (2) business day period, then Tenant shall either reduce the scope of Tenant's Improvements such that there shall be no Excess Costs or, at Tenant's option, Landlord shall obtain two (2) additional bids, provided that if Tenant requests Landlord to obtain two (2) additional bids and Tenant fails to approve the Excess Costs within three (3) business days after Landlord's notification of the Excess Costs taking such additional bids into consideration, Tenant shall be deemed to have approved the Contract Sum and Excess Costs as determined by reference to the lowest submitted bid. Landlord and Tenant must approve (or be deemed to have approved) the Contract Sum for the construction of Tenant's Improvements in writing prior to the commencement of construction.

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