Percentage Payments. During the term of this Agreement, Windsong shall pay the Company a percentage payment of [***] Net Sales (the "Percentage Payment"). Any Percentage Payment due the Company for any calendar quarter during the Annual Period shall be paid by Windsong within thirty (30) days following the end of such calendar quarter. Additionally, if certain products designed by the Company (which shall be approved by the Company) but which do not bear the Trademark are sold by Windsong or off-price or irregular sales then the Company shall receive a percentage payment of [***].
Percentage Payments. WBKD 2 will make payments (the “Percentage Payments”) to KD from any and all Gross Proceeds from the initial sales of Lots from Increment 2, as follows:
Percentage Payments. If the project budget is funded by any other source towards the eligible cost of this project, DRA shall only pay a percentage of the xxxx, contract, invoice, or voucher presented. This amount shall be equal to the percentage of DRA’s funds to the overall project. Free and Clear of Liens: The grantee will keep the project free and clear of any liens, adverse claims, security interest, other charges and/or encumbrances. Certifications Regarding Real Property: The grantee certifies that real property involved in this project, if any, is in compliance with all zoning, subdivision, land use, redevelopment, energy, environmental protection, and planning and building laws, rules, and regulations, and other government requirements or restrictions applicable to construction, current and intended operation, current and intended use, maintenance, and/or occupancy of the Property. The grantee further certifies that all licenses, permits, certificates, and other consents required for occupancy of the real property in its current and intended operations have been obtained and are in good standing. Illegal Aliens: The grantee certifies that it is not in violation of the Federal Immigration and Nationality Act set-forth in 8 U.S.C. 1324 whereby it is unlawful to hire an alien, to recruit an alien, or to refer an illegal alien for a fee, Illegal Aliens Cont.: knowing the illegal alien is unauthorized to work in the United States. The grantee further certifies that it has complied with all employment eligibility verification requirements, which include examination of identity documents and completion of Form I-9 for every employee hired.
Percentage Payments. In return for Stockholder’s covenants hereunder, during the Noncompetition Period, including any renewal thereof, Cygne will pay to Stockholder one percent (1%) of the net sales of the Cygne Entities, not including non-denim sales to New York and Co. (Xxxxxx) and not including sales of denim-related clothing products resulting from subsequent business acquisitions. For purposes of this Agreement, net sales shall mean net sales as reported in accordance with GAAP on Cygne’s periodic reports filed from time to time with the Securities and Exchange Commission. Such payments shall be made to Stockholder quarterly, within sixty (60) days of the end of each applicable fiscal quarter.
Percentage Payments. If the project budget is funded by any other source towards the eligible cost of this project, DRA shall only pay a percentage of the xxxx, contract, invoice, or voucher presented. This amount shall be equal to the percentage of DRA’s funds to the overall project. Free and Clear of Liens: The awardee will keep the project free and clear of any liens, adverse claims, security interest, other charges and/or encumbrances. Illegal Aliens: The awardee certifies that it is not in violation of the Federal Immigration and Nationality Act set-forth in 8 U.S.C. 1324 whereby it is unlawful to hire an alien, to recruit an alien, or to refer an illegal alien for a fee, knowing the illegal alien is unauthorized to work in the United States. The awardee further certifies that it has complied with all employment eligibility verification requirements, which include examination of identity documents and completion of Form I-9 for every employee hired.
Percentage Payments. The amount of Earnout Consideration payable with respect to any of the Earnout Periods described above (before deducting any amounts to offset Losses pursuant to Article VII) shall be based on the percentage of the Milestones specified above actually achieved by the Surviving Corporation during the applicable Earnout Periods, as follows: % of Milestone Achieved Total Revenue Milestone - Quarterly Payment Operating Income Milestone - Quarterly Payment Less than 85% None None 85% to less than 100% $ 250,000 $ 250,000 100% to less than 110% $ 375,000 $ 375,000 110 to less than 125% $ 437,500 $ 437,500 125% or Greater $ 500,000 $ 500,000 The amounts specified above are separate and distinct payments based on the respective Total Revenue and Operating Income Milestones applicable to each Earnout Period, such that, for example, if the Surviving Corporation achieved 85% of the Total Revenue Milestone but only 83% of the Operating Income Milestone for a specific Earnout Period, a $250,000 Earnout Payment would apply based on the Total Revenue results but no separate payment would apply with respect to the Operating Income Milestone.
Percentage Payments. No payment based on a percentage of actual or estimated construction cost shall be made under this Contract.
Percentage Payments. Endexx and CBDU are jointly and severally obligated in respect to the obligations set forth in this Section 2, such that any obligation that specifically references “Endexx” shall also be deemed to reference “CBDU” as a co-obligor and any obligation that specifically references “CBDU” shall also be deemed to reference “Endexx” as a co-obligor.
Percentage Payments. Except as provided in Section 2.3(d) below, and only with regard to initial sales to ultimate users (and not on resales by such ultimate users), Developer will make payments to Seller from any and all gross proceeds generated from sales of lots from the Increment 1 Real Property (the “Percentage Payments”) as follows:
Percentage Payments
