EPP Fees definition
Examples of EPP Fees in a sentence
Any such Disputed EPP Fees shall be handled in accordance with and subject to Section 12.3 (Disputed Fees and Right to Offset) and Schedule 5 (Governance) of the MSA and are not eligible for the Extended Payment Plan.
All Fees not disputed as specified in Section 3.A. (Disputed EPP Fees) of this Schedule 17, shall be an Undisputed EPP Fee and such Fees and Services shall be deemed accepted by a Customer Permitted Entity solely for the purposes of the Extended Payment Plan and no other purpose.
Any new invoices for Undisputed EPP Fees shall instead be payable to Provider or Provider Affiliate in accordance with Section 12 (Fees and Payments) of the MSA.
Notwithstanding the assignment provisions specified in Section 25.1 (Assignment) of the MSA, Provider or Provider Affiliate shall be permitted to assign, and intends to assign, all or a portion of its rights to receive the Undisputed EPP Fees hereunder to IBM Credit LLC or to a third party with such Customer Permitted Entities prior consent (which consent shall not be unreasonably withheld or denied).
No such assignee shall be deemed a third-party beneficiary of the Agreement, except to the extent necessary to collect MA-IB-00136-2018 payment of the Undisputed EPP Fees.
Notwithstanding Section 10.2 (Force Majeure) of the MSA, a Force Majeure Event does not excuse, limit or otherwise effect a Customer Permitted Entity’s obligation to pay Undisputed EPP Fees in accordance with this Schedule 17 (Extended Payment Plan).
The Extended Payment Plan terms have been established in order for Provider or Provider Affiliate to finance the Undisputed EPP Fees and, for the avoidance of doubt, neither this absolute and unconditional payment obligation nor any other term or condition of this Schedule 17 (Extended Payment Plan) will prejudice Customer Permitted Entity’s ability to separately exercise any other rights to make any Claim against Provider or Provider Affiliate in accordance with the terms of the Agreement or at Law.
Notwithstanding any other provision in the Agreement, including Section 7.4 (Performance Credits), Section 7.5 (Deliverable Credits), and Section 12.3 (Disputed Fees and Right to Offset) of the MSA, set-offs, refunds, credits (including Performance or Deliverable Credits) or other rebates may not be applied to any payments due for Undisputed EPP Fees.
Upon notification of a termination pursuant to (i) or (ii) above or notice of termination by Provider pursuant to Section 19.7, Provider or Provider Affiliate will no longer offer the Extended Payment Plan terms for future Undisputed EPP Fees.