Revenue Share Clause Samples
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Revenue Share. In consideration for the duties performed hereunder, the Travel Agency shall be entitled to [[Percent: Share of the Agency in Total Turnover]] of the Net Turnover generated during the agreement period that is a direct result of the Travel Agency’s efforts. To be considered a “direct result” of the Travel Agency’s efforts, substantially all of the contact with a customer that leads to a sale must have been made by the Travel Agency. Although initial contact and contact at the sale point shall be factors to consider, they are not determinative of such sale being a “direct result” of the Travel Agency’s efforts. LIMITATION OF LIABILITY In no event and under no circumstances shall either Party be liable for any indirect, incidental, consequential or special damages, including, without limitation, loss of revenue or loss of profits, for any reason whatsoever arising under this Agreement, whether arising out of breach of warranty, breach of condition, breach of contract, tort, civil liability or otherwise. In all events, Company’s absolute liability under, or in any way related to this Agreement, whether arising out of breach of warranty, breach of condition, breach of contract, tort or otherwise, shall be limited to the rupee value of the fees earned by the Company under this Agreement. Company’s liability for negligence, breach of this Agreement or any other claim in damages and losses shall not exceed the total amount owed to the Travel Agency by the Company under this Agreement at the time of the breach. REPRESENTATIONS AND WARRANTIES Each party hereby represents and warrants to that: Each party has all required capacity and corporate authorization to enter into this Agreement and be bound by the obligations provided hereunder; the execution of this Agreement by the Company and the performance of its obligations hereunder will not constitute a violation or breach of any obligation of any agreement between the Company and any third party or a violation of the Company’s legal obligations; and Travel Agency holds sufficient rights to use all materials, supplies or resources used in the performance of the Services under this Agreement, free and clear of any encumbrances. INSURANCE AND INDEMNIFICATION During the term of this Agreement, the Company shall procure and maintain comprehensive general liability insurance, which shall include blanket broad form contractual liability coverage, with limits of not less than [[Amount of contractual liability: Number]] in wo...
Revenue Share. In the event Tenant sublets or licenses space on the Communication Facility to a third party collocator (“Collocator”), Tenant shall remit thirty percent (30%) of the rent or license fees collected by Tenant from such Collocator (the “Collocator Rent”) to Landlord (the “Landlord’s Revenue Share”). The Collocator Rent shall be negotiated by and between Tenant and Collocator, on terms acceptable to Tenant, in Tenant’s sole discretion. In calculating the amount of Landlord’s Revenue Share, Collocator Rent shall not include
(i) any payment received by Tenant under the applicable sublease or license for reimbursement of operating expenses or construction costs relating to the Communication Facility paid by Tenant or (ii) any other payment other than regular recurring rent or license fees. ▇▇▇▇▇▇▇▇ acknowledges and agrees that ▇▇▇▇▇▇▇▇’s Revenue share may or may not be paid directly by any Collocator to Landlord. In the event that ▇▇▇▇▇▇▇▇’s Revenue Share is paid by said ▇▇▇▇▇▇▇▇▇▇ and passed through as a cost to Collocator, the same shall not be subject to further revenue sharing or mark-up payable to Landlord. In the event Tenant sublets to more than one Collocator, Tenant shall be obligated to pay the Landlord’s Revenue Share for each Collocator. Tenant’s obligation to pay ▇▇▇▇▇▇▇▇’s Revenue Share to Landlord shall expire or ▇▇▇▇▇, as applicable, at such time as the Collocator does not pay Collocator Rent to Tenant, and shall resume, as applicable, if and when the Collocator resumes paying such recurring Collocator Rent and the Landlord’s Revenue Share shall be prorated for partial periods.
Revenue Share a. In consideration of the grant of the Concession, effective from the 3rd Year of COD or 5th Year of Agreement date and throughout the balance Concession Period, the Concessionaire shall in accordance with the provisions hereof, pay to the Authority Revenue Share which shall be the higher of the following i. 3% of Gross Revenue of the particular Year,
Revenue Share. 28.2A.1 The Concessionaire shall, from the date of completion of COD of first Phase (i.e Hospital Phase 1) of the Project Facilities (as per timelines set out hereunder), until seven years thereafter, pay to Authority in each Month of the said period a revenue share (“Revenue Share”) equivalent to 5% (Five percent) of the ▇▇▇▇ Revenue (defined below) of each relevant Month. The Revenue Share shall increase to 10% (Ten Percent) of the Gross Revenue from the seventh anniversary from COD of first Phase (i.e Hospital Phase 1), and shall be paid at such rate during the remaining Concession Period.
28.2A.2 The Revenue Share for each month shall be paid on or before the seventh day of the immediately succeeding Month.
28.2A.3 If there is a shortfall in payment of Revenue Share the Authority shall by a written notice intimate the Concessionaire and the Concessionaire shall within 7 (seven) days of such notice make the payment of the deficient amount of the Revenue to the Authority. The applicable revenue used for final verification /reconciliation shall be the Gross Revenue as certified by the independent Auditor appointed by Authority every quarter or semi – annually or annually at the sole discretion of Authority. The Authority and its representatives shall be permitted to inspect at any reasonable time the books, records and other material kept by or on behalf of the Concessionaire in order to check or audit any information (including the calculation of Gross Revenue) supplied to the Authority under this Agreement. The Concessionaire shall make available to the Authority and its representatives such information and grant such access as they shall reasonably require in connection therewith. If any such exercise reveals that information previously supplied to the Authority was in any material respect inaccurate on the basis of information available to the Concessionaire at the time, the cost of any such exercise shall be borne by Concessionaire, and the delinquent amount shall carry interest at the rate of SBI MCLR plus 3% from the due date till date of recovery.
28.2A.4 Revenue Share amounts unpaid on respective due dates would carry interest @ SBI MCLR plus 3% (three percent) per annum from the due date till the date of payment or realization thereof.
28.2A.5 For the purposes of this Agreement, the term “Gross Revenue” shall mean as follows: -
Revenue Share a. The Parties acknowledge and agree that Section 4 of the First Amendment is hereby deleted in its entirety and is of no further force and effect. From and after the Effective Date the obligations of the Parties with respect to revenue share shall be controlled by this Section of this Amendment. Subject to the other applicable terms, provisions, and conditions of this Section, Tenant shall pay Landlord twenty percent (20%) of any rents actually received by Tenant under and pursuant to the terms and provisions of each second and subsequent Collocation Agreement entered into by and between Tenant and a third party subsequent to the Effective Date (any such third party, the “Additional Collocator”, and any such amounts, the “Collocation Fee”). Notwithstanding the foregoing, Landlord hereby acknowledges and agrees that in the event that there are less than two Collocation Agreements in effect at one time, Landlord shall not be entitled to any Collocation Fee. Landlord shall only be entitled to a Collocation Fee when there are at least two Additional Collocators at any given time, and such Collocation Fee shall only be due for the second and each subsequent Additional Collocator. Notwithstanding the foregoing, Landlord shall not be entitled to receive any portion of any sums paid by a licensee or sublessee to reimburse Tenant, in whole or in part, for any improvements to the Leased Premises or any structural enhancements to the tower located on the Leased Premises (such tower, the “Tower”), or for costs, expenses, fees, or other charges incurred or associated with the development, operation, repair, or maintenance of the Leased Premises or the Tower.
b. The initial payment of the Collocation Fee shall be due within thirty (30) days of actual receipt by Tenant of the first collocation payment paid by the Additional Collocator. In the event a sublease or license with an Additional Collocator expires or terminates, Tenant’s obligation to pay the Collocation Fee for such sublease or license shall automatically terminate upon the date of such expiration or termination. Notwithstanding anything contained herein to the contrary, Tenant shall have no obligation to pay to Landlord and Landlord hereby agrees not to demand or request that Tenant pay to Landlord any Collocation Fee in connection with the sublease to or transfer of Tenant’s obligations and/or rights under the Lease, as modified by this Amendment, to any subsidiary, parent or affiliate of Tenant.
c. Landlor...
Revenue Share. Effective as of July 1, 2001, Paragraph A of Schedule 11.1, attached as Appendix 1 to Amendment No. 4 of the Agreement shall be deleted and replaced in its entirety by the following Paragraph A:
Revenue Share. The Agreement is hereby amended by adding thereto as Schedule 11.1, the Schedule 11.1 attached as Appendix 1 of this Amendment No. 4. Appendix 1 of Amendment No. 1 and Appendix 1 of Amendment No. 3 shall be deleted and replaced in their entirety by such Schedule 11.1.
Revenue Share. 24.4.1 The Concessionaire agrees to pay to the Authority, for every year of the Concession Period, commencing from the Project COD, 1% (one per cent) of the Gross Revenue as its share in the revenues earned from the Project (the “Revenue Share”). The Revenue Share shall be calculated and payable in the following manner:
(a) the Revenue Share shall be payable in monthly instalments. Within 7 (seven) days of the end of each month, the Concessionaire shall pay to the Authority against the Revenue Share, a provisional amount calculated on the basis of Gross Revenue of the immediately preceding month and final settlement thereof, based on audited accounts of the Concessionaire, shall be made within 120 (one hundred and twenty) days of completion of the respective Accounting Year.
24.4.2 The Concessionaire shall furnish to the Authority audited quarterly statements within 30 days of the end of a quarter. The Authority may, additionally, ask the Concessionaire furnish its book of accounts from time to time to verify the sanctity of records. If any discrepancy is found in the report of Gross Revenues by the Concessionaire, the Authority would be entitled to:
(i) Recover any payments due from the Concessionaire due to discrepant reporting of the Gross Revenues with a penal interest rate of 18% p.a.; and / or
(ii) Terminate the Agreement due to Concessionaire Default in accordance with this Agreement.
24.4.3 The Revenue Share payable under this Clause 24.4, shall be deemed to be part of the Project Consideration for the purposes of this Agreement.
Revenue Share. Partner shall pay Athena the Revenue Share. Partner will provide Athena a report showing Partner Revenue by Eligible Client for each calendar month as soon as it is available, but no later than 10 days following the end of the calendar month. Athena will specify to Partner what information needs to be included in the report and any particular format for the report.
Revenue Share. Party A agrees to pay Party B a revenue share equal to [X]% of the Net Revenue generated from the Product (the “Revenue Share”). For the purposes of this Agreement: (i) “