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. 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. 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. Unless otherwise agreed by the Parties on a case-by-case basis, (i) NantHealth shall pay to NantOmics [***] and (ii) with respect to any Other Service provided by NantOmics, NantOmics may invoice for such Other Services on a monthly basis and such invoices shall be due and payable within 45 days of receipt[***]. Subject to the foregoing and any restrictions expressly set forth in this Agreement or as may be separately agreed in writing by the Parties, NantHealth will have the right, in its sole discretion, to determine the fees charged to Institutional Customers for the Omics Services resold pursuant to the Agreement. [***]
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. 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 e. and f. of the First Amendment are hereby deleted in their entirety and replaced with the following: "Notwithstanding the suspension of the rent obligation under the Agreement during the Pre-Payment Period, if, after the full execution of this Second Amendment and the Memorandum of Second Amendment to Lease Agreement ("Memo"), Lessee subleases, licenses or grants a similar right of use or occupancy in the Property to an unaffiliated third party not already a subtenant on the Property (each a "Future Subtenant"), Lessee agrees to pay to Owner thirty-five percent (35%) of the rental, license or similar payments actually received by Lessee from such Future Subtenant (excluding any reimbursement of taxes, construction costs, installation costs, or revenue share reimbursement) (the "Additional Rent") within thirty (30) days after receipt of said payments by ▇▇▇▇▇▇. Lessee shall have no obligation for payment to Owner of such share of rental, license or similar payments if not actually received by Lessee. Non- payment of such rental, license or other similar payment by a Future Subtenant shall not be an event of default under the Agreement. Lessee shall have sole discretion as to whether, and on what terms, to sublease, license or otherwise allow occupancy of the Property. There shall be no express or implied obligation for Lessee to sublease, license or otherwise allow occupancy of the Property. Notwithstanding anything in this paragraph to the contrary, the parties agree and acknowledge that revenue derived from subtenants and any successors and/or assignees of such subtenants who commenced use and/or sublease of the Property prior to the commencement of the fourth (4th) Renewal Term shall be expressly excluded from the Additional Rent and Owner shall have no right to receive any portion of such revenue."
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) “