Adjustment to Price. If the Seller and Buyer agree that the price will follow market movements based on an agreed index of industry prices or other similar methodology, and if the price pursuant to such index or methodology has not been settled as of the time of shipment, after the price has settled, Seller shall issue a post-sale price adjustment(s) to reflect the final price as indicated by the agreed index or other methodology.
Adjustment to Price. In the event of any such Excusable Delay, the performance schedule for the delayed Services shall be extended by mutual agreement of the Parties and the price(s) for the delayed Services shall be adjusted by mutual agreement of the Parties to account for any additional costs incurred by Boeing as a result of such Excusable Delay. Boeing shall exert its commercially reasonable efforts to mitigate such additional costs to the extent reasonable. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE COPY FILED HEREWITH OMITS THE INFORMATION SUBJECT TO A CONFIDENTIALITY REQUEST. OMISSIONS ARE DESIGNATED [***. . .***]. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
Adjustment to Price. 8.1 If the cost of production or procurement of the goods to Seller shall increase during the term of this Agreement, Seller shall have the right, on giving thirty (30) days written notice to Buyer, to increase the price payable under this Agreement. All goods ordered prior to said notice, and/or prior to the expiration of said thirty (30) day period, shall not be subject to the price increase. Upon written request, Seller shall furnish the Buyer with documentation of the increased cost of production, but under no circumstances shall Seller’s delay in doing so excuse Buyer from the payment of the increased price.
Adjustment to Price. Section 3.04. Changes in contractual provisions or services to be furnished under the contract may be only in writing and must be approved by the Xxxxx County Board of Supervisors and Contractor. Should a decision be made to increase or decrease the scope of the contract, the County and the Contractor will mutually agree to an adjusted contract price. Any adjustment to price shall become an amendment to this Agreement.
Adjustment to Price. The price per share for which shares of Common Stock are issuable upon the exercise of such rights or options or upon conversion or exchange of such Convertible Securities shall be determined by dividing (1) the total amount, if any, received or receivable by the Company as consideration for the granting of such rights or options, plus the minimum aggregate amount of additional consideration payable to the Company upon the exercise of such rights or options, plus, in the case of such Convertible Securities, the minimum aggregate amount of additional consideration if any, payable upon the conversion or exchange thereof plus the net amount received or receivable upon the issuance of such Convertible Securities (in each case without double counting), by (2) the total maximum number of shares of Common Stock issuable upon the exercise of such rights or options or upon the conversion or exchange of all such Convertible Securities issuable upon the exercise of such rights or options.
Adjustment to Price. The price per share for which shares of Common Stock are issuable upon such conversion or exchange shall be determined by dividing (1) the total amount received or receivable by the Company as consideration for the issue or sale of such Convertible Securities, plus the minimum aggregate amount of additional consideration, if any, payable to the Company upon the conversion or exchange thereof, by (2) the total maximum number of shares of Common Stock issuable upon the conversion or exchange of all such Convertible Securities.
Adjustment to Price. The Purchase Price set forth above shall be reviewed for adjustment twice after the closing to reflect any difference either positively or negatively between the various receivables and certain of the liabilities of SELLER acquired by PURCHASER as they are fixed and determined on September 1, 1999, on a "dollar for dollar" basis, such that, if the account receivables exceed the sum of the accounts payable and the assumed Seven Thousand Five Hundred and No/100 Dollar ($75,000.00) Note from SELLER to John Xxxxxx (xxrein "adjustment liabilities"), the price will increase by one dollar for each dollar of positive difference (and conversely, if the adjustment liabilities exceed the account receivables, the price will decrease by one dollar for each dollar of negative difference.) The Note will provide for this adjustment for any positive or negative difference between the receivables and adjustment liabilities which exist as of September 1, 1999, but which becomes known at the adjustment dates. The parties shall review updated (or completed) financial information for the September 1, 1999 effective date and make any adjustments sixty (60) and one hundred eighty (180) days after Closing. There is one other possible adjustment to the Purchase Price after the Closing for reasons set forth in paragraph 6.6 of this Agreement.
Adjustment to Price. The Purchase Price set forth above shall be adjusted as provided below; the SELLER and the SHAREHOLDERS guaranty that for the twelve (12) month period following the date of Closing, the revenues generated from the customers identified on the attached customer list, shall be at least One Million Four Hundred Forty Thousand ($1,440,000.00) Dollars; in the event of any revenue shortfall below the One Million Four Hundred Forty Thousand ($1,440,000.00) Dollar amount, then the Purchase Price shall be reduced by an amount equal to twenty five ($.25) cents for each One ($1.00) Dollar in shortfall of annual revenues below the One Million Four Hundred Forty Thousand Dollars ($1,440,000.00). The amount of any adjustment to the price determined pursuant to this paragraph shall be paid by the SELLER, or the SHAREHOLDERS to the PURCHASER by returning to PURCHASER the number of shares of STAR equal in value to the amount of the adjustment utilizing the value per share at the Closing or cash, which shall in no event exceed $200,000.00. The amount of the adjustment, if any, shall be determined by the firm of Certified Public Accountants regularly employed by the PURCHASER. PURCHASER agrees that in order to be able to make a claim under this revenue guarantee, that it will not increase the established prices charged to SELLERS' customers except for reasonable price increases made to reflect any increases in disposal costs incurred, or if PURCHASER can demonstrate that new circumstances relating to a particular customers service needs render that work unprofitable at the prices previously charged; further, Purchaser may stop service for any customer in the event of non payment of outstanding charges, but only if the payment terms taken by the customer exceed its past payment practices. PURCHASER agrees to continue SELLERS billing practice of charging one inclusive rate for both collection and disposal service rendered.
Adjustment to Price. The Seller and the Purchaser agree to treat all payments made by either to or for the benefit of the other under this Article 8 or pursuant to any other Section of this Agreement as adjustments to the Purchase Price for Tax purposes unless otherwise prohibited by Law.
Adjustment to Price. The Price shall be adjusted annually by Talecris on the first day of each Anniversary Year. Such adjustment to Price (the "PRICE ADJUSTMENT") shall reflect the change in the CPI-U or increases in acquisition cost of raw material, which ever is the greater number. For purposes of the foregoing, "CPI-IF shall mean the unadjusted percentage change for the previous twelve-month period as published in the Consumer Price Index for all urban consumers by the U.S. Department of Labor, Bureau of Labor Statistics. For the avoidance of doubt, the first such Price Adjustment shall become effective at the end of the first Anniversary Year.
