Adjustment of Prices. (a) During the Initial Term, on an annual basis, Supplier will review and may adjust Product Prices to reflect changes in cost of production (including costs related to raw materials, labor (direct/indirect), equipment, maintenance, production systems, packaging, quality control, research and development, analytics, utilities, insurance, depreciation, building/rent, warehousing, waste disposal, environmental, health & safety, administrative overhead, order management, procurement, and general administration) for each of the Products. Supplier anticipates that such changes will become effective in January of each year during the term of the Agreement and will be communicated at least thirty (30) days prior to taking effect. Additionally, if the price of any component of the manufacturing or production cost of a Product has changed by at least ten percent (10%) relative to the price Supplier or any relevant Affiliate was paying at the time of the last price adjustment, Supplier will adjust such Product Price upon thirty (30) days’ prior written notice and not more than once in any calendar quarter. The adjusted Product Price will apply to any pending and accepted Orders. Supplier may include in any price adjustment of a Product made pursuant to this Section 6.2 such amount as allows Supplier to maintain the gross margin rate that was in place on the Effective Date. In connection with any adjustment to a Product Price, Supplier will provide Purchaser with a reasonable supporting explanation of the rationale for the adjustment.
Adjustment of Prices. Supplier may, in its sole discretion, adjust Prices at any time and will use reasonable efforts to provide at least thirty (30) days’ notice. Adjusted Prices will apply to any pending and accepted Orders.
Adjustment of Prices. Whenever any provision of this Agreement requires a calculation of a price over a span of multiple days (including, without limitation, a Current Market Price, a Cashless Exercise Current Market Price or Quoted Price) the Company shall make appropriate adjustments to each to account for any adjustment to the Exercise Price that becomes effective, or any event requiring an adjustment to the Exercise Price where the record date, effective date or expiration date of the event occurs, at any time during the period when such price is to be calculated. Further, and without limiting the foregoing, in the event of a Cashless Exercise following an adjustment to the Exercise Price where the Cashless Exercise Current Market Price spans any day prior to the effectiveness of such adjustment, the Company shall make appropriate adjustments to the Cashless Exercise Current Market Price to take into account such adjustment.
Adjustment of Prices. 4.4.1 Prices may be adjusted in whole or in part at any time during the Term of the Contract in the event of
Adjustment of Prices. 4.4.1 Prices may be adjusted in whole or in part at any time during the Term of the Contract in the event of (a) a change in the scope of Services or enlargement or reduction of the size of the Facility to be served, or (b) changes in the cost of providing the Services.
Adjustment of Prices. Whenever any provision of this Warrant Agreement requires the calculation of the Quoted Price over a span of multiple days (including, without limitation, for purposes of determining the Current Market Price), the Board of Directors shall make appropriate adjustments thereto to account for any adjustment to the Exercise Price that becomes effective, or any event requiring an adjustment to the Exercise Price where the record date, effective date or Ex-Dividend Date, as the case may be, of the event occurs, at any time during the period when the Quoted Price is to be calculated.
Adjustment of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values or the Daily Settlement Amounts over a span of multiple days (including an Observation Period and the period for determining the Stock Price for purposes of a Make-Whole Fundamental Change), the Board of Directors shall make appropriate adjustments to each to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the Ex-Dividend Date, Effective Date or expiration date, as the case may be, of the event occurs, at any time during the period when the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values or the Daily Settlement Amounts are to be calculated.
Adjustment of Prices. Whenever any provision of the Base Indenture requires the Company to calculate the Last Reported Sale Price or the Stock Price (as defined below) for purposes of a Make-Whole Fundamental Change, the Board of Directors shall make appropriate adjustments to such Last Reported Sale Prices or the Stock Price, as applicable, to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the Ex-Dividend Date of the event occurs, at any time during the period when the Last Reported Sale Price or the Stock Price is to be calculated.
Adjustment of Prices. 11.1 XXXXXX XXXXXXX SWITZERLAND SA reserves the right to adjust the prices specified in the service contract according to changes in the economic climate. The notice period for such adjustments corresponds to the notice periods for termination. Daily expenses are always dependent on local conditions. All other provisions according to collective employment agreements are expressly reserved.
Adjustment of Prices. Prices for Products will be firm for six (6) months from the Effective Date. Thereafter, prices for all Products will be adjusted, up or down, in an amount equal to changes to Supplier’s costs for materials; provided, however (i) prices will only be adjusted if the change to materials costs is greater than two and one-half percent (2.5%) and (ii) only one such adjustment may be made in any six (6) month period. Price adjustments will take effect thirty (30) days after written notice to Customer of such adjustments. Supplier shall provide Customer with reasonably detailed information supporting any price adjustment. If Customer is not satisfied with the information provided by Supplier, Customer shall have the right to have an independent third party public accounting firm selected by Customer audit the proposed price adjustment. The price adjustment will be modified as determined by the independent third party public accounting firm retroactive to the date such price adjustment took effect. Customer or Supplier, as applicable, will pay to the other Party the difference between the original price adjustment and the modified price adjustment for all purchases of Products made between the date the price adjustment first became effective and the date the price adjustment is modified, within ten (10) business days after the date the price adjustment is modified. The audit will be conducted at Customer’s sole expense, except that if the price adjustment is modified by ten percent (10%) or more after such audit, Supplier shall pay the costs of such audit within ten (10) business days after such price adjustment is made. The modification to any price adjustment will be calculated as follows: (a) (i) the percentage price adjustment proposed by Supplier, minus (ii) the amount of the percentage price adjustment calculated after the audit is completed, divided by (b) the percentage price adjustment proposed by Supplier. Notwithstanding the foregoing, in no event will price adjustments be greater than the average price change to Supplier’s other customers for similar products. Prices for Products delivered in the United States or Eurozone will be set in U.S. Dollars and Euros, respectively. Prices for Products delivered in South America and Australia will be set in U.S. Dollars and will be adjusted quarterly for currency fluctuations. Disputes regarding price changes will be resolved through binding arbitration as provided in Section 10.2 below.
