Common use of Variable Payments Clause in Contracts

Variable Payments. Except as provided in Sections 4(b) and 4(c) of this Agreement, BriteSmile shall pay to CAP an amount equal to $25.00 for each BriteSmile Procedure performed at the Centers from May 11, 2006 to the Maturity Date (the "Variable Payments"). Variable Payments shall be made on the 40th day following the end of each month up to and including the month in which the Maturity Date occurs based on the number of BriteSmile Procedures performed at the Centers during such month, except that any Variable Payments due with respect to any period prior to the date on which the Maturity Date occurs shall be made on the Maturity Date.