Marketing Allowance. In addition to the Sales Commission, for each year during which NovaCare meets the sales quota for such year described in Section 4 hereof, Nautilus Marketing agrees to pay NovaCare a non-accountable marketing allowance equal to ten percent (10%) of the List Price of the Products sold pursuant to orders submitted by NovaCare pursuant to this Agreement for which the Sales Commission is payable or the discount described in Section 2.2 hereof is applicable, and for which payment in full is received by Nautilus during such year (the "Marketing Allowance"). After NovaCare has met its sales quota for any sales year defined in Section 4 hereof, Nautilus Marketing shall pay the then-accrued Marketing Allowance for such year within thirty (30) days after the end of the quarter during which such sales quota was met, and shall pay any subsequently-accrued Marketing Allowance for such year within thirty (30) days after the end of each quarter (if any) remaining in such year. If, due to adjustments calculated pursuant to Section 2.7 hereof, NovaCare has not met its sales goal for any such sales year at the end of that year, to the extent any Marketing Allowance previously paid with respect to such year has not been recovered pursuant to Section 2.7.2 hereof, NovaCare shall refund to Nautilus Marketing any such unrecovered Marketing Allowance within 30 days after the end of such year.
Marketing Allowance. With respect to a Product for any period, a fee payable to Athenex for (but not limited to) the following costs: sales personnel, sales support personnel, logistics personnel (managing freight and importation activity), administrative personnel (state licensure and Medicaid pricing), Medicaid rebate personnel, chargeback processing personnel, chargeback transactional fees, marketing expenses and pharmacovigilance services. The Marketing Allowance shall be a fixed [*] percent ([*]%) of the Net Sales of the Product.
Marketing Allowance. On or before the Occupancy Date, as the funds are received by Landlord from the HUD construction loan, shall pay to Tenant, in cash, such amounts as Landlord receives under the HUD construction loan as a marketing allowance to assist Tenant with its pre occupancy marketing costs. Notwithstanding anything herein or in the Lease to the contrary, as of the date of this Amendment, Tenant shall be permitted to market and lease space in the Addition to prospective tenants, subject to the restriction stated in Paragraph 2(d) above as to entry prior to the Occupancy Date.
Marketing Allowance. Subject to the terms and conditions of Section 6.16 hereof, within ten (10) business days after the end of each McLane accounting quarter during the term of this Agreement McLane agrees to pay Mapco a marketing allowance (the "Marketing Allowance") in the amount of [***], in operation and subject to this Agreement during such quarter, such amount to be prorated for stores that were not in operation and subject to this Agreement for the entire quarter. [***] CONFIDENTIAL TREATMENT REQUESTED -8-
Marketing Allowance. In exchange for Buyer's agreement to this long-term Supply Agreement, Seller will provide a Marketing Allowance of $5,000 per restaurant owned by Buyer at the time the Supply Agreement commences or opened by January 15, 1999. In the event Buyer has past due balances owed to Seller, the Marketing Allowance will first be applied to such balances.
Marketing Allowance. HearUSA will earn a marketing allowance, the funds from which will only be used to reimburse HearUSA’s advertising expenses. The marketing allowance is designed to help promote HearUSA’s practice and SHI’s products in their respective markets. It may only be used for these purposes, and SHI reserves the right to directly pay the advertising vendor (e.g. print or electronic media, mailing houses) that HearUSA uses. The marketing allowance will be credited to the HearUSA's account on the fifteenth day of the month following the month it applies to, provided HearUSA's trade payables with SHI are within terms and documentation for the advertising expenses is provided to SHI. The maximum base marketing allowance shall be $200,000 per month. In addition, for so long as the Tranche D Loans are outstanding, on each interest payment date on the Tranche D Loans, SHI shall credit to HearUSA’s account as an additional marketing allowance an amount, if any, equal to the interest paid by HearUSA on the Tranche D Loans on such date minus the amount of interest that would be payable on such Tranche D Loans if such interest were calculated using, prior to a prepayment of the principal amount of the outstanding Tranche D Loans in an amount of at least $4,200,000, a 6.0% per annum interest rate, and, after such prepayment, a 5.0% per annum interest rate. In addition, on October 15, 2007, SHI shall credit to Hear USA’s account as an additional marketing allowance an amount of $217,080.
Marketing Allowance. In addition to the incentive allowance described in Section 35, Harlxxx xxxees to provide Intuit with an annual $300,000 in marketing allowances for each twelve-month period ending on the anniversary of the Effective Date.
Marketing Allowance. Commencing with the Effective Date, SYSCO will pay ARAMARK a national marketing allowance (“Marketing Allowance”) on purchases by Components at the rate of * of total purchases used to calculate the National Volume Allowance. ARAMARK and SYSCO will review the rate of the Marketing Allowance * and, if mutually agreed, will adjust the rate.
Marketing Allowance. In consideration for various services and activities that Rogers performs for the benefit of Licensor during the Term, Licensor agrees to pay to Rogers an amount which shall be equal to ten (10)% of License Fees, calculated on a rolling basis during the Term and payable monthly.
Marketing Allowance. Section 6.E. of the Agreement (Prorations) is hereby amended to become Section 6.F. of the Agreement. Any existing references in the Agreement to Section 6.E. shall now refer to Section 6.F. The following is hereby added as Section 6.E. of the Agreement: Supplier will pay to Customer a quarterly marketing allowance of [***] per operating location listed on Exhibit A to Amendment 3 to the Agreement. All payments will be paid in arrears for each active location within ten (10) days after each quarter ends during the term of the Agreement. The payment for the first period from and after the date of Amendment 3 shall be prorated. [***], HAS BEEN OMITTED BECAUSE IT IS NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED. If new stores are opened or if existing stores are closed in the same geographical regions as the stores listed on Exhibit A to Amendment 3 to the Agreement, Supplier will pay Customer a prorated amount of the marketing allowance as set forth in this Section 6.E. based on the number of full months the store is operated within the quarter.
