Adjustment to Rates and Charges. Commencing at the beginning of Month 22 of the Service Period, at the request of Customer, the parties shall meet and negotiate in good faith to develop mutually acceptable rates and charges for the remainder of the term. If the parties are unable to agree upon rates and charges within thirty (30) days, Customer may, in its sole discretion, seek a rate calibration. Such calibration shall be performed by a neutral third party acceptable to both AT&T and Customer. The neutral third party shall be selected within fifteen (15) days of Customer’s decision to seek a rate calibration, and shall execute a non-disclosure agreement in accordance with Exhibit ND. The neutral third party shall, within thirty (30) days of its selection, present to the parties a report detailing and explaining its opinion of the best rates and charges that Customer would be able to obtain through a competitive procurement for services comparable to Frame Relay Service and IAS in return for term, volume commitments and terms and conditions comparable to those in this Attachment and the IAS Attachment. Within fifteen (15) days of the delivery of the third party’s report. AT&T shall either (i) agree to adjust the rates and charges payable for Frame Relay Service and IAS to conform to the report, in which case this Attachment shall continue with the new rates and charges; or (ii) agree with Customer on alternative rates and charges; or (iii) if neither (i) nor (ii) are applicable, inform Customer that it is not prepared to agree to rates and charges that conform to the report. In the event of (iii), Customer may terminate this Attachment (in which event neither party shall have any liability to the other except for service provided less any applicable credits), notice of which termination must be delivered to AT&T within thirty (30) days of Customer’s receipt of notice from AT&T that AT&T is not willing to conform its rates and charges to the report If the neutral third party opines that Customer would be able to obtain services comparable to IAS for lower prices than those set forth in the IAS Attachment, and AT&T agrees to adjust the rates and charges payable for Frame Relay Service and (AS to conform to the report, Customer’s purchases of IAS at the revised rates shall be limited to 12.5% of the MARC for the remainder of the term, but Customer may purchase IAS in excess of 12.5% of the MARC at the previously existing rates. Premium Charges AT&T will impose no premium charge for the perfo...
Adjustment to Rates and Charges. A. Commencing on April 1, 1997, the Effective Rates and other charges provided for in the Agreement shall be adjusted quarterly, upward or downward as provided herein. Adjustments shall be made through application of the following formula: AR = a x [{***}(b) + {***}(d) + {***}(1) --- --- --- c l
Adjustment to Rates and Charges. The Board may make reasonable adjustments to Landing Fees and Terminal Rentals, no more than once during each Fiscal Year to account for changes in activity levels and budget changes, which result in a required adjustment of ten percent (10%) or more to the Landing Fees and Terminal Rentals. Board shall provide thirty (30) days advance written notice of such adjustment and the reason therefor to Signatory.
