COUNSEL FEE. ACTUAL Fees for counsel covers the review of both draft and final documentation. Fee includes only an enforceability opinion. Should other opinions be required, notice will be given in advance concerning the billing of additional amounts. Any out-of-pockets will be billed in addition to above. This fee is not contingent upon the transaction closing.
COUNSEL FEE. Actual Fees for counsel are billed at cost; cover both draft and final documentation. Fee includes an enforceability opinion. Should other opinions be required, notice will be given in advance concerning the billing of additional amounts. Any out-of-pocket expenses will be billed in addition to the above. Fee is not contingent on the transaction closing and is payable the earlier of 30 days from acceptance or at closing.
COUNSEL FEE. 60 13.13 COUNTERPARTS................................................................ 60 13.14
COUNSEL FEE. In the event of any Litigation by any party against the other for specific performance or damages for breach of this Agreement which results in a final judgment not subject to further appeal by one of the parties, the party against whom the judgment is entered shall pay to the party in whose favour the judgment is entered (the "successful party") all of the successful party's counsel fees and expenses in connection with the prosecution or defence of the action, including in respect of investigations, depositions and discoveries in connection therewith (and including, in connection with any litigation in a Canadian court, costs on a solicitor and his own client basis).
COUNSEL FEE. If applicable, a fee covering the reasonable fees and documented expenses of Counsel for its services, including review of governing documents, communication with members of the closing party (including representatives of the depositors and/or beneficiaries, investment banker(s), attorney(s) and BNY, attendance at meetings and the closing, and such other services as BNY may deem necessary. The Counsel fee will be the actual amount of the reasonable fees and documented expenses charged by Counsel and is payable at closing MISCELLANEOUS FEES The fees for performing extraordinary or other services not contemplated at the time of the execution of the transaction or not specifically covered elsewhere in this schedule will be commensurate with the service to be provided and will be charged in BNY's sole discretion. These extraordinary services may include, but are not limited to: customized reporting and/or procedures, electronic account access, etc. Counsel, accountants, special agents and others will be charged at the actual amount of fees (so long as they are reasonable) and expenses (so long as they are documented) billed. OUT-OF-POCKET EXPENSES Additional out-of-pocket expenses may include, but are not limited to, telephone; facsimile; courier; copying; postage; supplies; expenses of foreign depositaries; and expenses of BNY's representative(s) and Counsel for attending special meetings. Fees and expenses of BNY's representatives and Counsel will be charged at the actual amount of fees (so long as they are reasonable) and expenses charged (so long as they are documented) and all other expenses will be charged at cost.
