Adjustment of Salary. As promptly as practicable after the conclusion of each of the Company's fiscal years during the term of the Executive's employment hereunder, the certified public accountants regularly retained by the Company shall determine the increase, if any, in the cost of living, using as the basis of such computation the current applicable Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor (the "Index"). Any such increase shall be computed as follows: (a) The Index number in the column for Broward County, Florida, entitled "all items," for the month of June (or such other month immediately following the Company's fiscal year end in the event of a change in the Company's fiscal year end) shall be the "Current Index Number" and the corresponding Index number for the immediately preceding June (or such other month immediately following the Company's fiscal year end in the event of a change in the Company's fiscal year end), commencing with June 1st, 1999, shall be the "Base Index Number." (b) The increase in the cost of living shall be determined by dividing the Current Index Number by the Base Index Number and subtracting the integer 1 from the quotient thereof, and then multiplying the remainder by One Hundred Percent (100%) in accordance with the following formula: Increase in = Current Index Number - 1 x 100% Cost of Living Base Index Number (c) The percentage increase in the cost of living, multiplied by the Executive's then current salary, shall be the increase required to be determined pursuant to this Section 3.2. (d) If the publication of the Consumer Price Index is discontinued for any reason, then the parties shall utilize comparable statistics of the cost of living for the City of Pompano Beach, Florida, the City of Fort Lauderdale, Florida, or Palm Beach County, Florida, , as computed and published by an agency or instrumentality of the United States of America or by a responsible financial periodical or recognized authority then to be selected by the parties. (e) In the absence of fraud or manifest error, any determination made by the Company's accountants pursuant to this Section 3.2 shall be conclusive and binding upon the Company and the Executive. (f) The Executive's then current salary shall be adjusted as of July 1st of each year, commencing as of July 1st, 1999, in accordance with the provisions of this Section 3.2 and such adjustment shall remain in effect during such year.
Appears in 6 contracts
Samples: Employment Agreement (Arielle Corp), Employment Agreement (Arielle Corp), Employment Agreement (Arielle Corp)
Adjustment of Salary. As promptly as practicable after the conclusion of each of the Company's fiscal years during the term of the Executive's employment hereunder, commencing at the conclusion of the Company's fiscal year ending December 31, 2007, the certified public accountants regularly retained by the Company shall determine the increaseincrease or decrease, if any, in the cost of living, using as the basis of such computation the then current applicable Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor (the "Index"). Any such increase or decrease shall be computed as follows:
(a) The Index number in the column for Broward CountyLos Angeles, FloridaCalifornia, entitled "all items," for the month of June (or such other month immediately following the Company's fiscal year end in the event of a change in the Company's fiscal year end) January shall be the "Current Index Number" and the corresponding Index number for the immediately preceding June (or such other month immediately following the Company's fiscal year end in the event of a change in the Company's fiscal year end)January, commencing with June 1st, 1999January 2006, shall be the "Base Index Number."
(b) The increase or decrease in the cost of living shall be determined by dividing the Current Index Number by the Base Index Number and subtracting the integer 1 from the quotient thereof, and then multiplying the remainder by One Hundred Percent (100%) in accordance with the following formula: Increase Increase/Decrease in = Current Index Number - __ 1 x 100% Cost of Living Base Index Number
(c) The percentage increase or decrease in the cost of living, multiplied by the Executive's ' then current salary, shall be the increase or decrease required to be determined pursuant to this Section 3.24.2.
(d) If the publication of the Consumer Price Index is discontinued for any reason, then the parties shall utilize comparable statistics of the cost of living for the City of Pompano BeachLos Angeles, Florida, the City of Fort Lauderdale, Florida, or Palm Beach County, Florida, California, as computed and published by an agency or instrumentality of the United States of America or by a responsible financial periodical or recognized authority then to be selected by the parties.
(e) In the absence of fraud or manifest errorfraud, any determination made by the Company's accountants pursuant to this Section 3.2 4.2 shall be conclusive and binding upon the Company and the Executive.
(f) The Executive's then current salary shall be adjusted as of July 1st January 1 of each yearfiscal year of the Company, commencing as of July 1stwith the fiscal year ending December 31, 19992008, in accordance with the provisions of this Section 3.2 4.2 and such adjustment shall remain in effect during such fiscal year.
Appears in 2 contracts
Samples: Employment Agreement (Cord Blood America, Inc.), Employment Agreement (Cord Blood America, Inc.)
Adjustment of Salary. As promptly as practicable after the conclusion of each of the Company's fiscal years during the term of the Executive's employment hereunder, the certified public accountants regularly retained by the Company shall determine the increase, if any, in the cost of living, using as the basis of such computation the current applicable Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor (the "Index"). Any such increase shall be computed as follows:
(a) The Index number in the column for Broward CountyFort Lauderdale, Florida, entitled "all items," for the month of June January (or such other month immediately following the Company's fiscal year end in the event of a change in the Company's fiscal year end) shall be the "Current Index Number" and the corresponding Index number for the immediately preceding June January (or such other month immediately following the Company's fiscal year end in the event of a change in the Company's fiscal year end), commencing with June 1st, 1999January 2002, shall be the "Base Index Number."
(b) The increase in the cost of living shall be determined by dividing the Current Index Number by the Base Index Number and subtracting the integer 1 from the quotient thereof, and then multiplying the remainder by One Hundred Percent (100%) in accordance with the following formula: Increase in = Current Index Number - 1 x 100% Cost of Living -------------------- Base Index Number
(c) The percentage increase in the cost of living, multiplied by the Executive's then current salary, shall be the increase required to be determined pursuant to this Section 3.2.
(d) If the publication of the Consumer Price Index is discontinued for any reason, then the parties shall utilize comparable statistics of the cost of living for the City of Pompano BeachFort Lauderdale, Florida, the City of Fort LauderdaleMiami, Florida, Broward County, Florida, or Palm Beach Miami-Dade County, Florida, , as computed and published by an agency or instrumentality of the United States of America or by a responsible financial periodical or recognized authority then to be selected by the parties.
(e) In the absence of fraud or manifest error, any determination made by the Company's accountants pursuant to this Section 3.2 shall be conclusive and binding upon the Company and the Executive.
(f) The Executive's then current salary shall be adjusted as of July 1st December 6 of each year, commencing as of July 1stDecember 6, 19992003, in accordance with the provisions of this Section 3.2 and such adjustment shall remain in effect during such year.
Appears in 2 contracts
Samples: Employment Agreement (Health Express Usa Inc), Employment Agreement (Health Express Usa Inc)
Adjustment of Salary. As promptly as practicable after the conclusion of each of the Company's fiscal years during the term of the Executive's employment hereunder, commencing at the conclusion of the Company's fiscal year ending December 31, 2006, the certified public accountants regularly retained by the Company shall determine the increaseincrease or decrease, if any, in the cost of living, using as the basis of such computation the then current applicable Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor (the "Index"). Any such increase or decrease shall be computed as follows:
(a) The Index number in the column for Broward CountyBaltimore, FloridaMaryland, entitled "all items," for the month of June (or such other month immediately following the Company's fiscal year end in the event of a change in the Company's fiscal year end) January shall be the "Current Index Number" and the corresponding Index number for the immediately preceding June (or such other month immediately following the Company's fiscal year end in the event of a change in the Company's fiscal year end)January, commencing with June 1st, 1999January 2006, shall be the "Base Index Number."
(b) The increase or decrease in the cost of living shall be determined by dividing the Current Index Number by the Base Index Number and subtracting the integer 1 from the quotient thereof, and then multiplying the remainder by One Hundred Percent (100%) in accordance with the following formula: Increase Increase/Decrease in = Current Index Number - __ 1 x 100% Cost of Living Base Index Number
(c) The percentage increase or decrease in the cost of living, multiplied by the Executive's ' then current salary, shall be the increase or decrease required to be determined pursuant to this Section 3.24.2.
(d) If the publication of the Consumer Price Index is discontinued for any reason, then the parties shall utilize comparable statistics of the cost of living for the City of Pompano BeachBaltimore, Florida, the City of Fort Lauderdale, Florida, or Palm Beach County, Florida, Maryland, as computed and published by an agency or instrumentality of the United States of America or by a responsible financial periodical or recognized authority then to be selected by the parties.
(e) In the absence of fraud or manifest errorfraud, any determination made by the Company's accountants pursuant to this Section 3.2 4.2 shall be conclusive and binding upon the Company and the Executive.
(f) The Executive's then current salary shall be adjusted as of July 1st January 1 of each yearfiscal year of the Company, commencing as of July 1stwith the fiscal year ending December 31, 19992007, in accordance with the provisions of this Section 3.2 4.2 and such adjustment shall remain in effect during such fiscal year.
Appears in 2 contracts
Samples: Employment Agreement (Last Mile Logistics Group, Inc.), Employment Agreement (Last Mile Logistics Group, Inc.)
Adjustment of Salary. As promptly as practicable after the conclusion of each of the Company's fiscal years during the term of the Executive's employment hereunder, commencing at the conclusion of the Company's fiscal year ending December 31, 2005, the certified public accountants regularly retained by the Company shall determine the increaseincrease or decrease, if any, in the cost of living, using as the basis of such computation the then current applicable Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor (the "Index"). Any such increase or decrease shall be computed as follows:
(a) The Index number in the column for Broward CountyOrlando, Florida, entitled "all items," for the month of June (or such other month immediately following the Company's fiscal year end in the event of a change in the Company's fiscal year end) January shall be the "Current Index Number" and the corresponding Index number for the immediately preceding June (or such other month immediately following the Company's fiscal year end in the event of a change in the Company's fiscal year end)January, commencing with June 1st, 1999January 2006, shall be the "Base Index Number."
(b) The increase or decrease in the cost of living shall be determined by dividing the Current Index Number by the Base Index Number and subtracting the integer 1 from the quotient thereof, and then multiplying the remainder by One Hundred Percent (100%) in accordance with the following formula: Increase Increase/Decrease in = Current Index Number - __ 1 x 100% -------------------- Cost of Living Base Index Number
(c) The percentage increase or decrease in the cost of living, multiplied by the Executive's ' then current salary, shall be the increase or decrease required to be determined pursuant to this Section 3.24.2.
(d) If the publication of the Consumer Price Index is discontinued for any reason, then the parties shall utilize comparable statistics of the cost of living for the City of Pompano BeachOrlando, Florida, the City of Fort Lauderdale, Florida, or Palm Beach County, Florida, , as computed and published by an agency or instrumentality of the United States of America or by a responsible financial periodical or recognized authority then to be selected by the parties.
(e) In the absence of fraud or manifest errorfraud, any determination made by the Company's accountants pursuant to this Section 3.2 4.2 shall be conclusive and binding upon the Company and the Executive.
(f) The Executive's then current salary shall be adjusted as of July 1st January 1 of each yearfiscal year of the Company, commencing as of July 1stwith the fiscal year ending December 31, 19992007, in accordance with the provisions of this Section 3.2 4.2 and such adjustment shall remain in effect during such fiscal year.
Appears in 2 contracts
Samples: Employment Agreement (110 Media Group, Inc.), Employment Agreement (110 Media Group, Inc.)
Adjustment of Salary. As promptly as practicable after the conclusion of each of the Company's fiscal years during the term of the Executive's employment hereunder, commencing at the conclusion of the Company's fiscal year ending December 31, 2006, the certified public accountants regularly retained by the Company shall determine the increaseincrease or decrease, if any, in the cost of living, using as the basis of such computation the then current applicable Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor (the "Index"). Any such increase or decrease shall be computed as follows:
(a) The Index number in the column for Broward CountyLos Angeles, FloridaCalifornia, entitled "all items," for the month of June (or such other month immediately following the Company's fiscal year end in the event of a change in the Company's fiscal year end) January shall be the "Current Index Number" and the corresponding Index number for the immediately preceding June (or such other month immediately following the Company's fiscal year end in the event of a change in the Company's fiscal year end)January, commencing with June 1st, 1999January 2006, shall be the "Base Index Number."
(b) The increase or decrease in the cost of living shall be determined by dividing the Current Index Number by the Base Index Number and subtracting the integer 1 from the quotient thereof, and then multiplying the remainder by One Hundred Percent (100%) in accordance with the following formula: Increase Increase/Decrease in = Current Index Number - __ 1 x 100% Cost of Living Base Index Number
(c) The percentage increase or decrease in the cost of living, multiplied by the Executive's ' then current salary, shall be the increase or decrease required to be determined pursuant to this Section 3.24.2.
(d) If the publication of the Consumer Price Index is discontinued for any reason, then the parties shall utilize comparable statistics of the cost of living for the City of Pompano BeachLos Angeles, Florida, the City of Fort Lauderdale, Florida, or Palm Beach County, Florida, California, as computed and published by an agency or instrumentality of the United States of America or by a responsible financial periodical or recognized authority then to be selected by the parties.
(e) In the absence of fraud or manifest errorfraud, any determination made by the Company's accountants pursuant to this Section 3.2 4.2 shall be conclusive and binding upon the Company and the Executive.
(f) The Executive's then current salary shall be adjusted as of July 1st January 1 of each yearfiscal year of the Company, commencing as of July 1stwith the fiscal year ending December 31, 19992007, in accordance with the provisions of this Section 3.2 4.2 and such adjustment shall remain in effect during such fiscal year.
Appears in 2 contracts
Samples: Employment Agreement (Cord Blood America, Inc.), Employment Agreement (Cord Blood America, Inc.)
Adjustment of Salary. As promptly as practicable after the conclusion of each of the Company's fiscal years during the term of the Executive's employment hereunder, the certified public accountants regularly retained by the Company shall determine the increase, if any, in the cost of living, using as the basis of such computation the current applicable Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor (the "Index"). Any such increase shall be computed as follows:
(a) The Index number in the column for Broward CountyMiami, Florida, entitled "all items," for the month of June (or such other month immediately following the Company's fiscal year end in the event of a change in the Company's fiscal year end) January shall be the "Current Index Number" and the corresponding Index number for the immediately preceding June (or such other month immediately following the Company's fiscal year end in the event of a change in the Company's fiscal year end)January, commencing with June 1st, 1999January 1995, shall be the "Base Index Number."
(b) The increase in the cost of living shall be determined by dividing the Current Index Number by the Base Index Number and subtracting the integer 1 from the quotient thereof, and then multiplying the remainder by One Hundred Percent (100%) in accordance with the following formula: Increase in = Current Index Number - 1 x 100% in = -------------------- Cost of Living Base Index Number
(c) The percentage increase in the cost of living, multiplied by the Executive's then current salary, shall be the increase required to be determined pursuant to this Section 3.2.
(d) If the publication of the Consumer Price Index is discontinued for any reason, then the parties shall utilize comparable statistics of the cost of living for the City of Pompano BeachMiami, Florida, the City of Fort Lauderdale, Florida, or Palm Beach Dade County, Florida, or Broward County, Florida, as computed and published by an agency or instrumentality of the United States of America or by a responsible financial periodical or recognized authority then to be selected by the parties.
(e) In the absence of fraud or manifest error, any determination made by the Company's accountants pursuant to this Section 3.2 shall be conclusive and binding upon the Company and the Executive.
(f) The Executive's then current salary shall be adjusted as of July 1st January 1 of each year, commencing as of July 1stJanuary 1, 19991997, in accordance with the provisions of this Section 3.2 and such adjustment shall remain in effect during such year.
Appears in 2 contracts
Samples: Employment Agreement (Homeowners Group Inc), Employment Agreement (Hac Inc)
Adjustment of Salary. As promptly as practicable after the conclusion of each of the Company's fiscal years during the term of the Executive's employment hereunder, the certified public accountants regularly retained by the Company shall determine the increase, if any, in the cost of living, using as the basis of such computation the current applicable Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor (the "Index"). Any such increase shall be computed as follows:
(a) The Index number in the column for Broward County, Florida, entitled "all items," for the month of June (or such other month immediately following the Company's fiscal year end in the event of a change in the Company's fiscal year end) shall be the "Current Index Number" and the corresponding Index number for the immediately preceding June (or such other month immediately following the Company's fiscal year end in the event of a change in the Company's fiscal year end), commencing with June 1st, 1999, shall be the "Base Index Number."
(b) The increase in the cost of living shall be determined by dividing the Current Index Number by the Base Index Number and subtracting the integer 1 from the quotient thereof, and then multiplying the remainder by One Hundred Percent (100%) in accordance with the following formula: Increase in = Current Index Number - 1 x 100% -------------------- Cost of Living Base Index Number
(c) The percentage increase in the cost of living, multiplied by the Executive's then current salary, shall be the increase required to be determined pursuant to this Section 3.2.
(d) If the publication of the Consumer Price Index is discontinued for any reason, then the parties shall utilize comparable statistics of the cost of living for the City of Pompano Beach, Florida, the City of Fort Lauderdale, Florida, or Palm Beach County, Florida, , as computed and published by an agency or instrumentality of the United States of America or by a responsible financial periodical or recognized authority then to be selected by the parties.
(e) In the absence of fraud or manifest error, any determination made by the Company's accountants pursuant to this Section 3.2 shall be conclusive and binding upon the Company and the Executive.
(f) The Executive's then current salary shall be adjusted as of July 1st of each year, commencing as of July 1st, 1999, in accordance with the provisions of this Section 3.2 and such adjustment shall remain in effect during such year.
Appears in 1 contract
Adjustment of Salary. As promptly as practicable after the conclusion of each of the CompanyGLDI's fiscal years during the term of the Executive's employment hereunder, the certified public accountants regularly retained by the Company GLDI shall determine the increase, if any, in the cost of living, using as the basis of such computation the current applicable Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor (the "Index"). Any such increase shall be computed as follows:
(a) The Index number in the column for Broward Countythe City of Irvine, FloridaCalifornia, entitled "all items," for the month of June (or such other month immediately following the Company's fiscal year end in the event of a change in the Company's fiscal year end) April shall be the "Current Index Number" and the corresponding Index number for the immediately preceding June (or such other month immediately following the Company's fiscal year end in the event of a change in the Company's fiscal year end)April, commencing with June 1st, 1999April 2001, shall be the "Base Index Number."
(b) The increase in the cost of living shall be determined by dividing the Current Index Number by the Base Index Number and subtracting the integer 1 from the quotient thereof, and then multiplying the remainder by One Hundred Percent (100%) in accordance with the following formula: Increase in = Current Index Number - 1 x 100% -------------------- Cost of Living Base Index Number
(c) The percentage increase in the cost of living, multiplied by the Executive's then current salary, shall be the increase required to be determined pursuant to this Section 3.2.
(d) If the publication of the Consumer Price Index is discontinued for any reason, then the parties shall utilize comparable statistics of the cost of living for the City of Pompano BeachIrvine, FloridaCalifornia, the City of Fort LauderdaleLos Angeles, FloridaCalifornia, Orange County, California, or Palm Beach Los Angeles County, Florida, California, as computed and published by an agency or instrumentality of the United States of America or by a responsible financial periodical or recognized authority then to be selected by the parties.
(e) In the absence of fraud or manifest error, any determination made by the CompanyGLDI's accountants pursuant to this Section 3.2 shall be conclusive and binding upon the Company GLDI and the Executive.
(f) The Executive's then current salary shall be adjusted as of July 1st May 1 of each fiscal year, commencing as of July 1stMay 1, 19992002, in accordance with the provisions of this Section 3.2 and such adjustment shall remain in effect during such fiscal year.
Appears in 1 contract
Adjustment of Salary. As promptly as practicable after the conclusion of each of the Company's fiscal years during the term of the Executive's employment hereunder, the certified public accountants regularly retained by the Company shall determine the increase, if any, in the cost of living, using as the basis of such computation the current applicable Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor (the "Index"). Any such increase shall be computed as follows:
(a) The Index number in the column for Broward County, Florida, entitled "all items," for the month of June (or such other month immediately following the Company's fiscal year end in the event of a change in the Company's fiscal year end) shall be the "Current Index Number" and the corresponding Index number for the immediately preceding June (or such other month immediately following the Company's fiscal year end in the event of a change in the Company's fiscal year end), commencing with June 1st, 1999, shall be the "Base Index Number."
(b) The increase in the cost of living shall be determined by dividing the Current Index Number by the Base Index Number and subtracting the integer 1 from the quotient thereof, and then multiplying the remainder by One Hundred Percent (100%) in accordance with the following formula: Increase in = Current Index Number - 1 x 100% -------------------- Cost of Living Base Index Number
(c) The percentage increase in the cost of living, multiplied by the Executive's then current salary, shall be the increase required to be determined pursuant to this Section 3.2.
(d) If the publication of the Consumer Price Index is discontinued for any reason, then the parties shall utilize comparable statistics of the cost of living for the City of Pompano Beach, Florida, the City of Fort Lauderdale, Florida, or Palm Beach County, Florida, , as computed and published by an agency or instrumentality of the United States of America or by a responsible financial periodical or recognized authority then to be selected by the parties.
(e) In the absence of fraud or manifest error, any determination made by the Company's accountants pursuant to this Section 3.2 shall be conclusive and binding upon the Company and the Executive.
(f) The Executive's then current salary shall be adjusted as of July 1st of each year, commencing as of July 1st, 19992001, in accordance with the provisions of this Section 3.2 and such adjustment shall remain in effect during such year.
Appears in 1 contract
Adjustment of Salary. As promptly as practicable after the conclusion of each of the CompanyGLDI's fiscal years during the term of the Executive's employment hereunder, the certified public accountants regularly retained by the Company GLDI shall determine the increase, if any, in the cost of living, using as the basis of such computation the current applicable Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor (the "Index"). Any such increase shall be computed as follows:
(a) The Index number in the column for Broward Countythe City of Irvine, FloridaCalifornia, entitled "all items," for the month of June (or such other month immediately following the Company's fiscal year end in the event of a change in the Company's fiscal year end) April shall be the "Current Index Number" and the corresponding Index number for the immediately preceding June (or such other month immediately following the Company's fiscal year end in the event of a change in the Company's fiscal year end)April, commencing with June 1st, 1999April 2001, shall be the "Base Index Number."
(b) The increase in the cost of living shall be determined by dividing the Current Index Number by the Base Index Number and subtracting the integer 1 from the quotient thereof, and then multiplying the remainder by One Hundred Percent (100%) in accordance with the following formula: Increase in = Current Index Number - 1 x 100% -------------------- Cost of Living Base Index Number
(c) The percentage increase in the cost of living, multiplied by the Executive's then current salary, shall be the increase required to be determined pursuant to this Section 3.2.
(d) If the publication of the Consumer Price Index is discontinued for any reason, then the parties shall utilize comparable statistics of the cost of living for the City of Pompano BeachIrvine, FloridaCalifornia, the City of Fort LauderdaleLos Angeles, FloridaCalifornia, Orange County, California, or Palm Beach Los Angeles County, Florida, California, as computed and published by an agency or instrumentality of the United States of America or by a responsible financial periodical or recognized authority then to be selected by the parties.
(e) In the absence of fraud or manifest error, any determination ___ made by the CompanyGLDI's accountants pursuant to this Section 3.2 shall be conclusive and binding upon the Company GLDI and the Executive.
(f) The Executive's then current salary shall be adjusted as of July 1st May 1 of each fiscal year, commencing as of July 1stMay 1, 19992002, in accordance with the provisions of this Section 3.2 and such adjustment shall remain in effect during such fiscal year.
Appears in 1 contract