Pricing Terms Sample Clauses

Pricing Terms. Attachment A (Product and Price List) provides unit prices as explained below. Prices shall not escalate, and Attachment A is not subject to upward adjustment during the term of the BPA. Spot discounting is encouraged. The prices will be reviewed annually, or as required to determine whether a reduction is appropriate in accordance with the price reduction provisions of the agreement. A 2.0% Acquisition, Contracting, and Technical (ACT) Fee shall be included in the prices. The contractor shall be responsible for the payment of all fees that are included in the product pricing (i.e. GSA, ACT), as calculated on the customer orders, in accordance with Attachment D.

Pricing Terms. 12.1 The Customer shall pay the Service Fee for each Service that is set out in the CMS SOW. 12.2 Notwithstanding clause 12.1 the Customer shall pay the monthly Service Fees for each individual Service listed in the CMS SOW from the date it is provisioned, even if all Services have not yet been accepted. Each individual Service is deemed to be provisioned on the earlier of the date notified by Interactive in accordance with clause 15.11 or 16.2 for that Service, or the date the Customer accepts the results of Acceptance Testing for that Service. 12.3 The implementation fee for the Services as set out in the CMS SOW is payable by the Customer on the following milestones: (a) 50% upon commencement of Project delivery. (b) 50% on the Service Start Date. 12.4 Unless otherwise agreed in the CMS SOW, Interactive may adjust the Service Fees annually by giving the Customer at least 90 days’ written notice and the increase applied will be the greater of: (a) the Consumer Price Index for the prevailing 3 months; or (b) an increase in operating costs, changes in existing laws or new laws, changes in contractual arrangements or costs with third-party providers, and an increase in the costs of materials any of which directly or indirectly increase the cost of supplying the Services under this Agreement. 12.5 Interactive may vary the monthly Service Fee when a variation to the Services is necessary due to changes in the Customer’s volumes, and this shall occur as either an addendum to the CMS SOW or in accordance with the Change Management Process. 12.6 If the Customer's usage exceeds the amounts set out in the CMS SOW, then the Customer will be required to pay an additional Service Fee for the excess usage, which will be added to the following month’s invoice. 12.7 With respect to any the Third Party Software detailed in the CMS SOW, if the relevant Third Party Software Vendor: (a) increases its licence fees or introduces new licence fees for their products that directly relate to the Services being provided to the Customer, Interactive may increase the Service Fees upon 30 days’ written notice from Interactive to the Customer; or (b) issues a billing correction to Interactive that directly relates to the Services, Interactive may issue an additional invoice to the Customer in respect of the billing correction, which may include retrospective Service Fees payable.

Pricing Terms. Price per Unit to public: $_______ Underwriting discounts and commissions per Unit: $_______ Offering proceeds to the Company, before expenses: $_______ Closing Date: ___________, 2008 References to the Prospectus in this Exhibit A include any supplements thereto at the First Closing Date and, if applicable, each Subsequent Closing Date. Capitalized terms used and not defined herein shall have the meanings ascribed to them in the Underwriting Agreement.

Pricing Terms. Upon delivery of USDA Foods covered in this agreement, the distributor must provide an invoice, itemizing the negotiated fee for service. Any substitution of product due to distributor error will be negotiated on the invoice and billed at the negotiated USDA Foods fee for service. Additional negotiated costs/credits to be invoiced on a monthly basis. Are these proposed prices contingent upon a concurrent prime vendor contract with the SFA? ________No _______Yes If YES proposed price is contingent upon a concurrent prime vendor contract with the SFA, please indicate the fixed fee per case if commercial distributor is NOT awarded the prime vendor contract:

Pricing Terms. The client computing device products or substitution and technology refreshment products under this BPA shall be set over the life of the BPA and is not subject to economic price adjustment. Prices may be voluntarily reduced at any time and additional spot discounting is encouraged. The contractor is not required to pass on to all BPA users an additional price reduction extended only to an individual order or orders under this BPA.

Pricing Terms. Attachment A provides all BPA products and prices. BPA prices have been discounted from the GSA Schedule prices that are currently in effect. The BPA discount is not subject to change during the term of this agreement, however the BPA prices may fluctuate based on changes to the underlying GSA Schedule prices. Spot discounting is encouraged and all Microsoft promotions shall be offered on orders placed against this BPA. The prices on the BPA will be reviewed annually, or as required to determine whether a reduction is appropriate in accordance with the price reduction provisions of the agreement.

Pricing Terms. (a) ZBB shall not at any time sell a lower quantity of the Products and Services under similar terms and conditions (including delivery) to a different buyer at prices below those provided to an Ordering Party in any purchase order or purchase agreement pursuant to this Agreement. If ZBB breaches the preceding sentence, then ZBB shall provide SPI with prompt written notice thereof and, as SPI’s sole and exclusive remedy, ZBB must immediately (i) apply such lower price to the same Product or Service under this Agreement, including any outstanding order or purchase agreement, for so long as such lower price is offered to a different buyer and the twelve (12) months thereafter, and (ii) reimburse to the applicable Ordering Party any excess amounts historically paid by such Ordering Party during the period in which such Product or Service was being sold to such different buyer at such lower price. Notwithstanding the foregoing, any Products or Services that are provided at reduced prices, or free of charge, in either case for purposes of demonstration systems in the ordinary course, or to penetrate new markets or territories with the prior written notice to SPI, shall be excluded from the requirements of this Section 3(a). Once per calendar year, SPI shall have the right, upon thirty (30) days’ prior written notice, to have an independent auditor reasonably acceptable to ZBB audit ZBB’s records to determine whether ZBB is in compliance with the provisions of this Section 3(a), provided that such auditor (i) enters into a confidentiality agreement reasonably requested by ZBB and (ii) is permitted to provide to SPI summaries of pricing, volume and terms of delivery without disclosing the identity of other customers of ZBB. If any audit discloses any overcharges by ZBB, ZBB shall promptly make restitution to SPI therefor and, if the overcharges exceed the cost of such audit, shall reimburse SPI for the cost of such audit. (b) Unless otherwise stated herein, Service prices are based on normal business hours of ZBB (8a.m. to 5p.m., Monday through Friday). Overtime and Saturday hours will be billed at one and one-half (1½) times the hourly rate; Sunday hours will be billed at two (2) times the hourly rate; and holiday hours will be billed at three (3) times the hourly rate. (c) The price does not include any federal, state, local or foreign property, license, privilege, sales, use, excise, gross receipts or other like taxes which may now or hereafter be applicable. ...

Pricing Terms. 10.1 The Customer shall pay the Service Fee for each Protected Server as set out in the CMS SOW. 10.2 The Customer shall pay the monthly Service Fees for each Protected Server listed in the CMS SOW from the date it passes Acceptance Testing (or is deemed to pass Acceptance Testing), even if all Protected Servers have not yet been accepted. Each Protected Server is deemed to be provisioned on the earlier of the date notified by Interactive in accordance with clause 15.11 or 6.3 for that Protected Server, or the date the Customer accepts the results of Acceptance Testing for that Protected Server. 10.3 Interactive will invoice the Customer for the monthly Service Fee monthly in advance. 10.4 The Customer may add additional Protected Servers to be covered by Cloud DRaaS by making a Service Request. There is a fee set out in the Cloud Rate Card applies for each Protected Server added. Interactive requires at least 14 days’ notice to add a Protected Server. 10.5 If Interactive provides Disaster Recovery Customisation Services, the Customisation Fee is Time and Materials and will be set out in the CMS SOW. This Customisation Fee is an estimate only. The actual Customisation Fee will be based on the hours expended, calculated in accordance with the Standard Charge Out Rates set out in the Rate Card. Customisation Fees are payable in arrears. Any fee or duration estimates are based on the limited information the Customer has provided Interactive and may vary. 10.6 The implementation fee for Cloud DRaaS, as set out in the CMS SOW, is payable by the Customer on the following milestones: (a) 50% upon signing of the CMS SOW (or relevant addendum). (b) 50% on the Service Start Date. 10.7 Interactive may adjust the Service Fee annually for each of the Services detailed in the CMS SOW (for the avoidance of doubt, this change applies to both initial and additional Services) by giving no less than 30 days’ notice to the Customer.

Pricing Terms. Prices under this BPA shall not escalate, and Attachment A is not subject to upward adjustment during the term of the BPA. The price(s) under this BPA will be reviewed, as required or as determined necessary, to determine whether a reduction is appropriate in accordance with the price reduction provisions of this agreement. Prices under this BPA shall include the GSA Industrial Funding Fee (IFF) in accordance with the underlying FSS Contract Clause GSAR 552.238-74 Industrial Funding Fee and Sales Reporting. No additional Acquisition, Contracting, and Technical (ACT) or Program Funding fees are being imposed under this BPA. Prices may be voluntarily reduced at any time and additional spot discounting is encouraged. The Contractor is not required to pass on to all BPA users an additional price reduction extended only to an individual order or orders under this BPA.