Maintenance Terms. Maintenance provided by MyECheck shall be pursuant to MyECheck's standard maintenance terms, a copy of which is attached hereto as Exhibit B. Maintenance shall be provided solely to the Maintenance site set forth in Exhibit A.
Maintenance Terms. The “Maintenance Term” shall be one (1) year from the initial shipping date under the initial Order Form, unless a different period is specified on the initial Order Form. Thereafter, Maintenance services will automatically renew for successive periods of one (1) year, at Oblong’s then-‐current fees, unless either party gives written notice of non-‐renewal at least sixty (60) days prior to the expiration of the then-‐current Maintenance Term. If Customer purchases additional Software or Hardware from Oblong during the first six (6) months of a Maintenance Term, then Customer must purchase Maintenance associated with the additional products and the term and fees for such additional Maintenance will be prorated so that all annual Maintenance expires on the same date; if Customer purchases additional Software or Hardware from Oblong after the first six (6) months of a Maintenance Term, then Customer must purchase Maintenance associated with the additional products and the terms and fees for such additional Maintenance shall extend for the remainder of the then-‐current Maintenance Term, plus an additional twelve (12) months, so that the Maintenance Term for such products renews with the Maintenance Term for the original Hardware and Software. For example, if the original purchase was concluded on January 1, 2013 and a subsequent purchase on March 1, 2013, the initial Maintenance Term for the March 1, 2013 purchase would end on January 1, 2014. If additional Hardware and Software were purchased on July 1, 2013, then the initial Maintenance Term for such purchase shall begin on July 1, 2013 and end on January 1, 2015. The Maintenance Term is subject to any earlier termination under Section 9.3.
Maintenance Terms. If an award of maintenance is agreed upon, the separation agree- ment should state the dates on which maintenance payments will be made, the amount of the maintenance pay- ments, the method by which the pay- ments will be made (such as by wage withholding and through the Family Support Payment Center, by direct payment or by payment to a third party), the circumstances under which the maintenance payments terminate and whether or not the obligation is subject to modification. Section 452.325.3 of the Missouri Re- vised Statutes specifically requires that a maintenance order must state whether or not the terms are subject to modification.The presumption under Missouri law is that unless otherwise agreed in writing or ex- pressly set out in the judgment, the obligation to pay maintenance termi- nates upon the death of either party or the remarriage of the party re- ceiving maintenance. Mo. Rev. Stat. § 452.370.3 (2003). An agreement silent on these issues will fall to the presumptions under Missouri law. The best practice however is to state these terms explicitly in the agree- ment. See Simpson v. Simpson, 352 S.W.3d 362, 364 (Mo. en banc 2011) (agreement that maintenance termi- nates only upon death of either party interpreted to allow maintenance to continue after wife’s remarriage). The terms under which a mainte- nance payment may be tax deduct- ible by the payor and included in the taxable income of the recipient are set out in the Internal Revenue Code, 26 U.S.C. § 71(b).5 The code requires in part, that maintenance must terminate upon death of the payee spouse. The code does not require however, that maintenance end upon remarriage of the payee or upon death of the payor. Provided this is expressly stated in the agree- ment, termination upon remarriage is not a condition precedent under 26 U.S.C. § 71(b) for maintenance to be tax deductible. Also, the drafter may want to include provisions requir- ing a life insurance policy or other arrangements in order to insure the maintenance payment in the event of the early death of the payor. Under some circumstances, the payment of life insurance premiums may also be considered as tax-deductible mainte- nance. If it is the intention that the life insurance premium payments not be taxable as income to the ben- eficiary/payee spouse, it is best to specifically state this in the agree- ment. When drafting waivers of maintenance, whether the waiver is non-modifiable or whether the court is retaining jurisdiction...
Maintenance Terms. For all maintenance plans or options, the terms of this agreement are year to year, automatically renewable unless cancelled by the client. Client will be billed for plan chosen regardless of actual hours used. Unused hours do not roll over into the next year, or cannot be pulled from future years. No refunds are issued for unused time. Any additional hours over the plan hours included will be billed at the rate quoted under the plan the Client has selected. Ledger Marketing reserves the right to terminate this agreement at any time for any reason without any prior knowledge and will do so in writing by electronic mail and/or postal letter to the client. This agreement includes ensuring of the health of website, database, and other software or programs installed on client’s website. If the client or any third party other than developer or approved subcontractors attempts to access or accesses the server, or website and makes changes to the website, database, server or software or scripts on client website; time to repair and/or restore the website, databases or any other script on the clients website will be billed at the current hourly rate and is not included in the maintenance plan. The Monthly Maintenance Agreement commences 48 hours following the receipt of the first payment and renews yearly.
Maintenance Terms. 1.1 For the initial maintenance term, Customer shall pay to Zyrion the maintenance fee per Customer’s Purchase Order. Maintenance for additional maintenance terms shall be at Zyrion’s then current maintenance rates; provided, however, that the maintenance fees shall not increase at an annualized rate of more than 5% per year based on the price described in the Purchase Order. In no event shall Zyrion be responsible for providing maintenance services for a period during which maintenance coverage lapsed.
Maintenance Terms. GarageNet Software consists of three binary applications designated as GarageNet front office, GarageNet back office client and GarageNet Enterprise server. Maintenance is provided for technical problems that are demonstrable in the current release of GarageNet, running unaltered on an appropriate hardware and operating system configuration. Maintenance Fees • The Software maintenance fee is payable in twelve equal monthly installments on the first day of each month in advance. SBS will make available to GGMC a monthly invoice at least two weeks prior to due date. You say net 15 days upon receipt of invoice later in contract? • The Server maintenance fee is payable on the first day of each month SBS will make available to GGMC a monthly invoice at least two weeks prior to due date. You say net 15 days upon receipt of invoice later in contract? Term The term of this Software Maintenance Agreement is one year from the date hereof, and will be renewed automatically unless either SBS or the Customer delivers written notice of termination thirty (30) days or more prior to the end of the initial term or any renewal term. Notwithstanding, Customer may terminate this contract at any time for any reason by giving SBS thirty (30) days written notice. In the event of a termination, maintenance fees shall be pro-rated.