Adjustment for a Material Change Sample Clauses

Adjustment for a Material Change. (a) If there is no Reference Tariff applicable to the relevant Train Service under this Agreement then:
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Adjustment for a Material Change. This clause 18.2 does not apply where a Reference Tariff applies or in relation to a Material Change to the extent that the Net Financial Effect of that Material Change has been, or will be, removed as a result of: amendments to schedule 3 in accordance with clause 18.1; or the escalation or variation of Access Charge Inputs in accordance with this agreement. If a Material Change occurs, then Queensland Rail must as soon as reasonably practicable notify the Access Holder giving details of the Net Financial Effect of that Material Change. Within five Business Days after Queensland Rail gives a notice under clause 18.2(b), the Access Holder and Queensland Rail must meet and negotiate, in good faith, adjustments to this agreement, including adjustments to the Access Charges, in order to remove as far as practicable the relevant Net Financial Effect and to put Queensland Rail in the position it would have been in had there been no Material Change.
Sample 1
Adjustment for a Material Change. (a) If at any time after the date of this Agreement a Material Change occurs which affects the financial position of RailCorp or the cost to RailCorp of performing its obligations under this Agreement, RailCorp may notify the Rail Operator giving details of the Net Financial Effect of the Material Change.
Sample 1
Adjustment for a Material Change. (a) If there is no Reference Tariff applicable to the relevant Train Service under this Agreement then: Deleted: Aurizon Network Deleted: Aurizon Network Deleted: Aurizon Network Formatted: Font: Times New Roman, 6 pt
Sample 1
Adjustment for a Material Change. (a) If there is no Reference Tariff applicable to the relevant Train Service under this Agreement then: Deleted: Aurizon Network Deleted: Infrastructure Deleted: 5.6 Deleted: 6.6 Formatted: Font: Bold Formatted: Font: Bold, Check spelling and grammar, Not All caps Deleted: Schedule 5 Formatted: Font: Bold Deleted: Schedule 5 Deleted: Infrastructure Deleted: Aurizon Network Deleted: 5.6 Deleted: 6.6 Formatted: Font: Bold, Not All caps Deleted: Schedule 5 Formatted: Font: Bold Formatted: Font: Bold, Not All caps Deleted: Schedule 5 Formatted: Font: Bold Deleted: 5.6 Deleted: 6.6 Formatted: Font: Bold Formatted: Font: Bold, Check spelling and grammar, Not All caps Deleted: Schedule 5 Formatted: Font: Bold Deleted: Schedule 5 Deleted: 12 Deleted: 17 Deleted: Schedule 2 Formatted: Font: Bold Formatted: Font: Bold, Not All caps Deleted: Schedule 2 Formatted: Font: Bold Formatted: Font: Bold, Not All caps Deleted: 19.18(d) Deleted: 24.18(d) Deleted: Aurizon Network Deleted: Aurizon Network Deleted: Aurizon Network Deleted: Aurizon Network
Sample 1
Adjustment for a Material Change. (a) This clause 18.2 does not apply where a Reference Tariff applies or in relation to a Material Change to the extent that the Net Financial Effect of that Material Change has been, or will be, removed as a result of:
Sample 1
Adjustment for a Material Change. This clause 18.2 does not apply where a Reference Tariff applies or in relation to a Material Change to the extent that the Net Financial Effect of that Material Change has been, or will be, removed as a result of: amendments to schedule 3 in accordance with clause 18.1; or the escalation or variation of Access Charge Inputs in accordance with this agreement. If a Material Change occurs, then Queensland Rail must as soon as reasonably practicable notify the Access Holder giving details of the Net Financial Effect of that Material Change. Within five Business Days after Queensland Rail gives a notice under clause 18.2(b), the Access Holder and Queensland Rail must meet and negotiate, in good faith, adjustments to this agreement, including adjustments to the Access Charges, in order to remove as far as practicable the relevant Net Financial Effect and to put Queensland Rail in the position it would have been in had there been no Material Change. If the Access Holder and Queensland Rail do not reach agreement within 15 Business Days after Queensland Rail’s notice under clause 18.2(b) or otherwise resolve the matter in accordance with clause 19.2, then the matter must be referred to an Expert for determination in accordance with clause 19.3. Each Party’s obligations under this agreement will continue despite the existence of a Material Change.
Sample 1
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Related to Adjustment for a Material Change

  • Material Change Subsequent to the Execution Time or, if earlier, the dates as of which information is given in the Registration Statement (exclusive of any amendment thereof), the Statutory Prospectus and the Prospectus (exclusive of any amendment or supplement thereto), there shall not have been (1) any change or decrease specified in the letter or letters referred to in paragraph (f) of this Section 6 or (2) any change, or any development involving a prospective change, in or affecting the condition (financial or otherwise), prospects, earnings, business or properties of the Company, whether or not arising from transactions in the ordinary course of business, except as set forth in or contemplated in the Statutory Prospectus and the Prospectus (exclusive of any supplement thereto) the effect of which, in any case referred to in clause (1) or (2) above, is, in the sole judgment of the Representative, so material and adverse as to make it impractical or inadvisable to proceed with the offering or delivery of the Securities as contemplated by the Registration Statement (exclusive of any amendment thereof), the Statutory Prospectus and the Prospectus (exclusive of any amendment or supplement thereto).

  • Material Changes Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the authorized capital stock of the Company or any Material Adverse Effect or any development that would reasonably be expected to cause a Material Adverse Effect, or a downgrading in or withdrawal of the rating assigned to any of the Company’s securities (other than asset backed securities) by any rating organization or a public announcement by any rating organization that it has under surveillance or review its rating of any of the Company’s securities (other than asset backed securities), the effect of which, in the case of any such action by a rating organization described above, in the reasonable judgment of the Agent (without relieving the Company of any obligation or liability it may otherwise have), is so material as to make it impracticable or inadvisable to proceed with the offering of the Placement Shares on the terms and in the manner contemplated in the Prospectus.

  • Change The School, as any other, is likely to undergo a number of changes during the period of this agreement. For example, there may be changes in the staff, and in the premises, facilities and their use, in the curriculum and the size and composition of classes, and in the School rules and procedures, the disciplinary framework, and the length of School Terms. In addition, there may be the need to undertake a corporate reorganisation exercise and / or a merger or change of ownership may be necessary. For these reasons, the benefit and burden of this agreement may be freely assigned to another party at the discretion of the School.

  • No Material Change There has been no material adverse change in the business, operations, financial condition or assets of the Company since the date of the Company's most recent financial statements;

  • Payment for Change of Scope Payment for Change of Scope shall be made in accordance with the payment schedule specified in the Change of Scope Order.

  • Payment for Material Completion The Contractor may request payment of the remaining contract balance, including retainage, less amounts credited the Owner or incurred as liquidated damages, and less amounts withheld for the Punchlist by reason of Minor Items or Permitted Incomplete Work (See Paragraph 6.5.3.2). Payment for Material Completion shall be made by a check payable jointly to the Contractor and Surety and shall be mailed to the Surety.

  • Major Change 2. For a major change referred to in paragraph (1)(a):

  • No Material Changes Prior to and on each of the Closing Date and the Option Closing Date, if any, (i) there shall have been no material adverse change or development involving a prospective material adverse change in the condition or prospects or the business activities, financial or otherwise, of the Company from the latest dates as of which such condition is set forth in the Registration Statement and the Prospectus, (ii) no action suit or proceeding, at law or in equity, shall have been pending or threatened against the Company or any Insider before or by any court or federal, foreign or state commission, board or other administrative agency wherein an unfavorable decision, ruling or finding may materially adversely affect the business, operations, or financial condition or income of the Company, except as set forth in the Registration Statement and the Prospectus, (iii) no stop order shall have been issued under the Act and no proceedings therefor shall have been initiated or, to the Company’s knowledge, assuming reasonable inquiry, threatened by the Commission, and (iv) the Registration Statement, the Sale Preliminary Prospectus and the Prospectus and any amendments or supplements thereto shall contain all material statements which are required to be stated therein in accordance with the Act and the Regulations and shall conform in all material respects to the requirements of the Act and the Regulations, and neither the Registration Statement, the Sale Preliminary Prospectus nor the Prospectus nor any amendment or supplement thereto shall contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.

  • NOTICE OF CHANGE OR CANCELLATION There shall be no cancellation, material change, exhaustion of aggregate limits, or intent not to renew insurance coverage, either in whole or in part, without at least sixty (60) days prior written Legal Notice by Contractor to Enterprise Services. Failure to provide such notice, as required, shall constitute default by Contractor. Any such written notice shall include the Master Contract number stated on the cover of this Master Contract.

  • Service Changes PBI may modify its Service by giving written notice to you (a “Service Change Notice”), which will state whether the change is material. After receiving a Service Change Notice, if the change is material, you may terminate Service by giving us a termination notice at the address indicated in Section 21 or you may create a case at xxxxxxxxxxx.xxx/xx/xxxxxxx-xx.xxxx (follow the instructions under “how to create a case”).

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