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.
Adjustment to Price. The price for the Cliffs Pellets shall be adjusted upward or downward as the case may be by the annual percentage change in four adjustment factors (“Price Adjustment”). In order to determine the Price Adjustment to be paid for the Cliffs Pellets for each contract year, the price per iron unit for the relevant contract year shall be increased or decreased by an amount equal to the sum of the adjustment factors (i), (ii), (iii) and (iv) below: (i). Twenty-five percent (25%) of the amount obtained by multiplying the as then adjusted price per iron unit for Cliffs Pellets for the year in determination by a fraction (as converted to a decimal) determined by, using the year to year percentage change in the *** (“***”) for such year (“Year X”) calculated as follows: *** Year X = *** Year (X-1) * (*** Price Year X / *** Price Year (X-1)) Where *** Price Year (X-1) = Average Quarterly Price for the year prior to the year of shipping *** Price Year X = Average Quarterly Price for the year of shipping Quarterly Price = *** Fe - Freight Credit + Pellet Premium *** Fe is the daily average price for a three month period that ends one (1) month before the beginning of the new quarter (i.e. September, October, and November 2014 for the quarter beginning January 1, 2015, etc.). The Pellet Premium shall be a fixed price of $*** per dry metric ton ($*** per dry gross ton). Freight Credit shall be based on the *** daily average freight price for the three month period that ends one (1) month before the beginning of the new quarter (i.e. September, October, and November 2014 for the quarter beginning January 1, 2015).
(A) If for any reason the *** Fe is not published, then the *** shall be substituted with the following formula. Such formula shall be adjusted on a quarterly basis:
(1) Average *** Substitute (“*** Year X”), as defined below (collectively “Y”). *** Year X = *** Year (X-1) * (*** Pellet Price Year X / *** Pellet Price Year (X-1)) *** Pellet Price is the average annual pellet price per metric ton published by *** in its press release reporting on such year’s financial performance, in US dollars.
(2) The sum of X and Y shall equal the current year’s ***, or put arithmetically: X + Y = Current Year’s ***. In the event there is no *** for the previous year, than the previous year’s *** shall be substituted in the mechanism herein: ***Year X = *** (x-1) * (*** Pellet Price Year X / *** Pellet Price Year (X-1))
(B) For the year 2015, and for each year thereafter throu...
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.
8.2 The contract price is based upon the taxes and tax rates currently imposed upon Seller’s production and/or procurement, sale and transportation of goods. If any new taxes are imposed upon the Seller’s production and/or procurement, sale, or transportation of goods, or in the event the rates of existing taxes on such operations are increased, the contract price shall be increased to the extent of Seller’s increased tax liability.
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 Parties agree to treat all payments made by either to or for the benefit of the other under this Article VIII 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. In the event that during the Term of this Agreement there is levied upon the operations of Liquids any extraordinary tax, assessment or charge by any governmental authority or there occurs any substantial change in regulatory requirements related to the operation of the Business and having general applicability to the waste disposal business which includes the Business (but not related to any action, omission or condition of Liquids), which tax assessment or charge increases in a material manner Liquids' annual cost to operate the Business over Liquids' cost of operations of the Business for the immediately preceding calendar year (in each case, an "Extraordinary Levy"), such amounts shall be added to the price to be paid by City hereunder on a pro rata basis reflecting the proportion of the volume of Acceptable Material delivered by City hereunder to the total volume of Acceptable Material received by Liquids during a like period, subject to subparagraph (d) below.
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.
