This excerpt taken from the EYE 8-K filed Jul 3, 2007.
PAYMENTS TO IBM
In consideration of IBM providing the Designated Services, AMO shall pay to IBM the Charges as specified in Schedule C (Charges), together with other amounts as described in this Agreement. All Charges are expressed in and are payable in United States Dollars (US$).
18.02 Charges All Inclusive.
Except as may be expressly set forth in this Agreement there shall be no other charges, fees, costs expenses or any other amounts payable by AMO to IBM under this Agreement.
18.03 Adjustments to Charges.
Except as may be otherwise expressly provided in this Agreement, there shall be no adjustments to the Charges.
18.04 Rights of Set-Off.
With respect to any amount that IBM does not dispute in good faith should be reimbursed or paid to AMO, AMO may upon notice to IBM deduct the entire amount owed to AMO against the Charges otherwise payable or expenses owed to IBM under this Agreement.
All periodic Charges under this Agreement are to be computed on a calendar month basis and shall be prorated on a per diem basis for any partial month.
18.06 Refundable Items.
In the event IBM receives during the Term any refund, credit or other rebate (including deposits) in connection with an AMO Third Party Contract that is attributable to periods prior to the Effective Date or for which AMO retained financial responsibility after the Effective Date, then IBM shall promptly (1) notify AMO of such refund, credit or rebate and (2) pay to AMO the full amount of such refund, credit or rebate.
18.07 Unused Credits.
Any unused credits against future payments owed to either Party by the other pursuant to this Agreement shall be paid to the applicable Party within thirty (30) days of the earlier of the expiration or termination of this Agreement.
18.08 Not Used