Adjustment of Contract Notwithstanding any other provisions of this contract, STATE may, pursuant to Oregon law, make adjustments in the contract when major catastrophes or significant changes in state or federal law after the date of this contract materially affect the volume and value of timber, or project work to be done, as specified in the section titled, "Project Work," under the contract. Major catastrophes or events beyond the reasonable control of the parties are defined as windstorms, floods, fire, or other acts of God, or significant changes in state or federal law, which are beyond the control of PURCHASER and in no way connected with negligent acts or omissions of PURCHASER, its officers, employees, agents, or subcontractors. Market conditions shall not be considered a reason for contract adjustments. Such adjustments may be made to place the parties in their original status under the contract insofar as possible; provided, however, that any loss or cost to PURCHASER is in no way recoverable from third parties by PURCHASER and that PURCHASER make written application to STATE within 30 days after discovery of the damage done by the catastrophe. If, prior to acceptance of project work, a catastrophe (as defined above) caused by a single event results in additional project work for PURCHASER involving an additional estimated cost of more than: (1) $500 for sales less than one-half million board feet; (2) $1,000 for sales of one-half million to three million board feet; or
Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent:
Adjustment of Funding (a) The LHIN may adjust the Funding in any of the following circumstances:
Adjustments to Purchase Price The Purchase Price shall be adjusted as follows:
No Adjustment for Certain Transactions Notwithstanding anything in this Article 4, no adjustment shall be made in the acquisition rights attached to the Warrants if the issue of Common Shares is being made pursuant to this Indenture or in connection with (a) any share incentive plan or restricted share plan or share purchase plan in force from time to time for directors, officers, employees, consultants or other service providers of the Corporation; or (b) the satisfaction of existing instruments issued at the date hereof.
Adjustment for Excess Volume If Sale Area Map indicates that there are incompletely Marked subdivisions and if Contracting Officer determines that the volume cut will be more than 120 percent of the total es- timated volume listed in A2, Forest Service, upon request by Purchaser, shall make an adjustment in Marking or cutting unit boundaries with the objective of designating for cutting the approximate estimated volumes by species listed in A2. Such adjustments in volumes shall be con- fined to (a) Marking adjustments on Sale Area and (b) re- duction in area to be cut over. Such adjustments or re- ductions shall not conflict with the silvicultural treatment being applied on Sale Area and shall not materially change the average value by species of the timber desig- nated for cutting. Such adjustments may be made not- withstanding the provisions of B1.1 and B2.3. If the timber designated for cutting is not reduced by such adjustments to less than 120 percent of the total es- timated quantity listed in A2, Purchaser, after cutting 120 percent of the total estimated volume listed in A2, may elect to have Sale Area reduced to eliminate the remain- ing Included Timber. However, where felling operations have been started, units of minimum practical size shall be retained in Sale Area.
Adjustment of Price The State shall adjust the total contract price by subtracting from the total contract price an amount determined in the following manner: The State shall cause the timber sale area subject to governmental regulation or order to be measured. The State shall calculate the percentage of the total sale area subject to the governmental regulation or order. The State shall reduce the total contract price by that calculated percentage. However, variations in species, value, costs, or other items pertaining to the affected sale area will be analyzed and included in the adjustment if deemed appropriate by the State. The State will further reduce the total contract price by the reasonable cost of unamortized roads Purchaser constructed but was unable to fully use for removing timber. A reduction in total contract price terminates all of the Purchaser's rights to purchase and remove the timber and all other interest in the affected sale area.
Structural Adjustment 1. Exceptional measures of limited duration which derogate from the provisions of Article 4 may be taken by the Parties in the form of increased customs duties.
ADJUSTMENT OF THE FRAMEWORK PRICES 4.1 The Framework Prices shall only be varied:
Price Adjustments for OGS Centralized Contracts Periodic price adjustments will occur no more than twice per year on a schedule to be established solely by OGS. Pricing offered shall be fixed for the first twelve (12) months of the Contract term. Such price increases will only apply to the OGS Centralized Contracts and shall not be applied retroactively to Authorized User Agreements or any Mini-bids already submitted to an Authorized User. Price Decreases Price decreases may be made at any time. Additionally, some price decreases shall be calculated in accordance with Appendix B, section 17, Pricing.
