14. For the rights granted pursuant to this Agreement the Institution shall pay to Access Copyright the following amounts:
(a) (i) During the period September 1, 2003 to August 31, 2004, the FTE multiplied by $3.07; and
(ii) During the period September 1, 2004 to August 31, 2005 the FTE multiplied by $3.21; and
(iii) During the period September 1, 2005 to August 31, 2006, the FTE multiplied by $3.28; and
(iv) During the period September 1, 2006 to August 31, 2007, the FTE multiplied by $3.38.
(b) (i) Subject to the provisions of clauses 14(c) and (d) of this Agreement, $0.064 for each Page or printed sheet copied pursuant to clause 2(b) of this Agreement (including each Page copied onto paper from microform) and reported under clause 13 herein, during the period September 1, 2003 to August 31, 2004;
(ii) Subject to the provisions of clauses 14(c) and (d) of this Agreement, $0.074 for each Page or printed sheet copied pursuant to clause 2(b) of this Agreement (including each Page copied onto paper from microform) and reported under clause 13 herein, during the period September 1, 2004 to August 31, 2005;
(iii) Subject to the provisions of clauses 14(c) and (d) of this Agreement, $0.087 for each Page or printed sheet copied pursuant to clause 2(b) of this Agreement (including each Page copied onto paper from microform) and reported under clause 13 herein, during the period September 1, 2005 to August 31, 2006;
(iv) Subject to the provisions of clauses 14(c) and (d) of this Agreement, $0.10 for each Page or printed sheet copied pursuant to clause 2(b) of this Agreement (including each Page copied onto paper from microform) and reported under clause 13 herein during the period September 1, 2006 to August 31, 2007.
(c) For out of print works copied pursuant to this Agreement, the maximum amount the Institution shall pay to Access Copyright for each Copy of the entire out of print work is $10.00;
(d) For each Page or printed sheet of newspaper copied pursuant to this Agreement (including each Page copied onto paper from microform), the Institution shall pay to Access Copyright fifty percent of the amount that, but for this clause 14 (d), the Institution would have had to pay to Access Copyright pursuant to clauses 14 (b)(i) to (iv) of this Agreement;
(e) $1.00 for each microfiche containing up to 420 Pages or its microfilm equivalent made pursuant to this Agreement;
(f) such amount for each Page or printed sheet or per article copied pursuant to clause 2(c) of this Agreement (including each Page copied onto paper from microform) as Access Copyright may specify to the Institution from time to time in its applicable Tariff and Copying Schedule;
(g) $1.00 for the first Alternate Format Copy of any Published Work and $.10 for each subsequent Alternate Format Copy.
15. The parties acknowledge that the payment under clause 14(a) does not represent a pre-estimate of the quantity of Copies made or their value and that the Institution is not obliged to make any payment in respect of the making of any extra Copies made in order to establish and maintain the records referred to in clauses 12 to 13.1 of this Agreement.
16. (a) The Institution shall remit one quarter of the amount payable pursuant to clause 14(a) herein within 60 days of March 31, June 30, September 30 and December 31 of each year during the term of this Agreement, commencing September 1, 2003, subject to clause 16.(a)(i) herein;
(a.1) The Institution shall remit the first quarter of the amount payable pursuant to clause 14(a) herein within 60 days of signing of this Agreement by all parties;
(b) The Institution shall remit to Access Copyright within 60 days of March 31, June 30, September 30 and December 31 of each year during the term of this Agreement the amount payable for the previous calendar quarter calculated pursuant to clauses 14 (b) through (g) of this Agreement;
(c) Together with each payment made pursuant to clause 16(b) of this Agreement, including the first, the Institution shall submit to Access Copyright a detailed statement in such form agreed upon between Access Copyright and the Institution showing the data upon which such payment is based.
17. (a) The Institution shall notify Access Copyright of the number of its FTE students by no later than 15 days following the earlier of the date such information is reported by the Institution to Statistics Canada or October 1 of each year during the term of this Agreement commencing in 2003; and
(b) Should an Institution fail to provide notice of its FTE to Access Copyright by the time it is required to provide payment as set out in clause 16 herein, Access Copyright shall be entitled to receive the amount payable pursuant to clauses 14(a) and 16 herein on the date such payments are due based on the Institution’s FTE for the preceding year. In the event that the Institution’s FTE is greater than the FTE upon which payments were based in accordance with this clause 17, Access Copyright shall be entitled to the difference plus interest in respect of the difference as provided for in clause 18.
18. Late payments shall be subject to interest charges from the due date, calculated at a rate equal to the prime rate of the Bank of Nova Scotia (as it exists on January 1 of the year in which the payment was due) plus one per cent per annum, compounded monthly.
19. The Institution shall pay to Access Copyright as may be required by law any sums in respect of any applicable taxes levied on the Institution by government in respect of the copying, calculated at the rate of taxation then in force.
