Pro-rata refund Sample Clauses

Pro-rata refund. (a) If this Agreement is terminated by Parashift under clause 14.1 , Parashift will provide the School with a pro-rata refund of the Licence Fee calculated by reference to the period until the next anniversary of the Commencement Date, except for any amount equal to any subscription fees paid by Parashift for Third Party Materials that are not refundable. (b) For the avoidance of doubt, there will be no pro-rata refund available where the School terminates the Agreement.

Pro-rata refund. In the event the employment of a candidate referred to CLIENT under this agreement lasts less than 30 calendar days, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ has been unable to refer a replacement candidate within 60 days and provided that CLIENT has complied with its obligations in relation to the replacement guarantee, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ shall be entitled to 3.33% of its fee for each day or part day which candidate was engaged by CLIENT, and ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ shall refund the balance of the fee to CLIENT. This provision shall not apply if the candidate is laid off for lack of work, or resigns because CLIENT has significantly modified the candidate’s job duties or assigned him or her to another position. CONFIDENTIALITY OF REFERRALS: All candidate referrals made by ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ are made on a confidential basis and CLIENT shall hold ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ harmless from any liability resulting from CLIENT’S unauthorized disclosure or misuse of information regarding any candidates or their candidacy. DISCLAIMER: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ does not guarantee the performance of any candidate or the accuracy of information provided regarding a candidate, and disclaims any responsibility for claim, loss, or liability as a result of a candidate’s acts or omissions. ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ urges CLIENT to conduct such investigations, as it deems necessary to verify candidate information or to obtain such other information, as it may deem relevant. INDEPENDENT CONTRACTOR: The services provided by ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ under agreement are provided as an independent contractor. Nothing in this agreement shall be construed as creating the relationship of principal and agent, joint venturers, or employer and employee, between ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ and CLIENT. ASSIGNMENT: This agreement and all of its provisions are binding on and inure to the benefit of ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ and CLIENT and their respective successors and permitted assigns, but neither this agreement nor any of the rights, interests, or obligations hereunder may be assigned by either party without the prior written consent of the other.

Pro-rata refund. In the event this Agreement is terminated for any reason, University shall pay Pepsi a pro-rated amount of all Sponsorship Funds paid to University less commission accrued but unpaid by Pepsi and any other funds owed to the University by Pepsi. Any Sponsorship Funds paid to University shall be deemed earned at an equal rate per month, notwithstanding the date of actual payment. The amount due to Pepsi shall be calculated by the number of full months remaining on the Agreement.

Pro-rata refund. Notwithstanding the above, in the event that YMCA is unable to provide nine (9) Facilities for the purpose of providing services pursuant to the terms of this Agreement, the City shall be entitled to a pro rata refund of fees based on the number of Facilities available and/or the length of use.

Pro-rata refund. In the event the candidate’s employment lasts less than ____ calendar days, and if CLIENT notifies RECRUITING FIRM in writing of the termination within ____ days thereafter, RECRUITING FIRM shall be entitled to ____ % of its fee for each day upon which candidate was employed by CLIENT, and RECRUITING FIRM shall refund the balance of the fee to CLIENT. Or a credit could be offered rather than a refund, as the following example provides: CREDIT: In the event the candidate’s employment lasts less than ____ calendar days, and if CLIENT notifies RECRUITING FIRM in writing of the termination within ____ days thereafter, RECRUITING FIRM shall credit ____ % of its fee to each of the next ____ placements it makes with CLIENT. Whether a replacement, refund, or credit guarantee is used, the recruiting firm may wish to consider making the guarantee conditional by adding language such as follows: This provision shall not apply if the candidate is laid off for lack of work, or resigns because CLIENT has significantly modified the candidate’s job duties or assigned him or her to another position. Or the guarantee could be limited just to the situations where the candidate resigns, in which case just change the beginning of the first sentence of the guarantee to read: In the event the candidate resigns his or her position in less than ____ calendar days of employment....

Pro-rata refund. In the event this License is terminated by Licensor on a date other than the anniversary of the Effective Date, and Licensee is not then in arrears of any payment required hereunder or otherwise in default of this License, Licensee shall be entitled to a pro-rata refund of the Annual License Fee paid for that year.

Pro-rata refund. (a) Subject to clause 10.1, if this Agreement is terminated by Parashift under clause 13.1, Parashift will provide the Customer with a pro-rata refund of the Licence Fee paid by the Customer calculated by reference to the period until the next anniversary of the Commencement Date, except for any amount equal to any subscription fees paid by Parashift for Third Party Materials that are not refundable. (b) If this Agreement is terminated by the Customer under clause 13.1(a), then: (i) the Customer must promptly remove the Software from the Customer's hardware; and (ii) Parashift will provide the Customer with a full refund of the Licence Fee paid to date (subject to the Customer demonstrating to Parashift's reasonable satisfaction that it has complied with clause 5.6(b)(i).