Alternate Index Sample Clauses

Alternate Index. If for any reason the OPIS Index for a particular NGL Component or any other index used in the calculations made pursuant to Section 4.1 should (i) cease to be published or (ii) be materially changed, the Parties agree promptly and in good faith to negotiate a mutually satisfactory alternate index or substitute methodology for calculating the price for such Component (the “Alternate Index”). If, on or before 30 Days after the index used to determine the price hereunder ceases to be published, the Parties are unable to agree on an Alternate Index upon which to base the calculation of the price, the Parties shall submit such determination to arbitration in accordance with the provisions of Article 20, which arbitration procedure will determine the Alternate Index. From the date on which the index price used to determine the price for a particular NGL Component ceases to be available until the Alternate Index is determined, the price for such NGL Component shall be the average of the prices in effect hereunder (or that would have been in effect hereunder) during the 12 Months preceding the Month in which the index upon which the price was based ceased to be available, which price shall be effective until the effective date of the Alternate Index determined as set forth in this Section 4.3. Upon the determination of an Alternate Index, the price will be adjusted retroactively to the date on which the index upon which the price previously was based ceased to be available. Any payments hereunder that are delayed pending the determination of an Alternate Index shall bear interest at the Base Rate from the date that such payment would have been due without such delay until the date of payment.
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Alternate Index. If for any reason the CBOT index for Oil should cease to be published, the Parties agree to promptly and in good faith negotiate a mutually acceptable Alternate Index or substitute methodology for calculating the price for Oil (the “Alternate Index.) If, on or before thirty (30) days after the index used to determine the price ceases to be published, the Parties are unable to agree on an Alternate Index upon which to base the calculation of the price, the Parties shall submit such determination to the dispute resolution procedures in accordance with the provisions of Section 13, which dispute resolution procedures will be used in determining the Alternate Index. From the date on which the index price used to determine the price for Oil ceases to be available until the Alternate Index is determined, the price for such Oil shall be the monthly average of the prices in effect (or that would have been in effect) during the twelve (12) months preceding the month in which the index upon which the price was based ceased to be available, which price shall be effective until the effective date of the Alternate Index determined as set forth in this Section 1.5. Upon the determination of an Alternate Index, the applicable prices will be adjusted retroactively to the dates on which the indices upon which the prices previously were based ceased to be available, plus interest thereon at the interest rate described in Section 4.2(b).
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Alternate Index. If an Index Conversion Event occurs: (a) Lender will notify Borrower in writing of the Alternate Index, the Alternate Index Page, and the Index Conversion Date (as defined below) (“Index Conversion Notice”) and of the Adjustment Factor (“Adjustment Factor Notice”) before the first Payment Date following the Index Conversion Date. (b) Beginning on the date specified in the Index Conversion Notice (“Index Conversion Date”), interest will accrue at the Interest Rate calculated using the Alternate Index, the Alternate Index Page and the Adjustment Factor specified in the applicable Index Conversion Notice and Adjustment Factor Notice, without the necessity of any amendment or other modification of this Loan Agreement or the Note. (c) The designation or determination by Lender of an Index Conversion Event, the Index Conversion Date, the Alternate Index, the Alternate Index Page, and the Adjustment Factor will be conclusive. (d) Lender will determine and designate the Alternate Index, the Alternate Index Page, and the Adjustment Factor only if an Index Conversion Event occurs, and will not re-determine or re-designate another Alternate Index, the Alternate Index Page, or Adjustment Factor unless a subsequent Index Conversion Event occurs.
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Alternate Index. In the event that (a) the Index is discontinued, (b) the nature of the Fine Papers purchased by Buyer or Buyer's Contractors is changed such that the Index [******], or (c) the government materially alters the data included in the Index or the basis of computation of the Index, either party may request renegotiation of the Index by giving written notice of such request. The parties shall negotiate in good faith with the goal of agreeing upon a suitable alternate index. [******]
Sample 1
Alternate Index. As soon as the Base Rent is set Landlord will give written notice to Tenant of the amount of the Base Rent. If the Index is changed so that the Base Year differs from the Base Year used as of the month preceding the Rent Commencement Date of the Lease, the Index will be converted in accordance with the conversion factor published by the Bureau. If the Index is discontinued or revised during the term as extended, such other governmental Index or computation with which it is replaced will be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued or revised. If the numerator of the fraction is not available at the Adjustment Date, Tenant will continue to pay the Base Rent in effect for the preceding Lease Year. Tenant will promptly pay to Landlord any deficiency at such time as Base Rent is adjusted. EXHIBIT B 12 September 2002 Xxxxx X. Xxxxx IHI, A Utah Corporation 0000X 00xx Xxxxxx Xxxxxxxxxx, Xxxxxxxxxx 00000 Re: Addendum #1 to Lease dated 3/10/98 Dear Xxxxx, The following items are in addition to the above stated Lease: 1260L: 2350 square feet 1. Term: 3 years beginning 3/1/03 through 2/28/06 2. Rent: $3290.00 ($1.40 sq ft) Per Mo.; years 2 and 3 CPI Index Increase 3. CAM: Currently at $36 per square foot, billed monthly 1260U: 1650 square feet
Sample 1
Alternate Index. For any period for which an index referred to in this Agreement is not available, the index applicable to such period shall be the index for the next subsequent period for which the index is available. If either any index referred to in this Agreement or the publication used to ascertain the index ceases to exist or be published, and if the Parties do not agree on an alternate index or price source within one Month of the date on which such index or trade publication ceases to exist or be published, then either Party may refer the selection of an alternate index or price source to arbitration in accordance with Article 16. From the Day that such index or trade publication ceases to exist or be published, until the Day that an alternative index or price source is selected by agreement or determined by arbitration in accordance with Article 16, payments shall be made in the interim on the basis of the prices quoted in the relevant index or price source for the Day prior to the Day on which such index or price source ceased to exist or be published, as the case may be. When an alternative index or price source is determined by agreement or arbitration, the amounts paid by either Party to the other Party under this Agreement during the period of time described in the preceding sentence of this Section 19.10 shall be adjusted to reflect the alternative index or price source selected as provided herein. If either Party is found to owe payment to the other pursuant to this adjustment, payment shall be made by the owing Party with interest accruing at the Prime Rate as reported in the Money Rates column of The Wall Street Journal on the last Business Day of the preceding Month, compounded and calculated monthly from the date the adjusted amounts would have been due until the dates such adjustments are paid.
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Alternate Index. If the index used to determine the LUAF Price is not available in the future, the Parties agree to promptly negotiate an alternate index for the LUAF Price. If the Parties cannot agree to an alternate index by the end of the first Month for which the LUAF Price could not be determined, then Customer and Contractor shall each prepare a prioritized list of up to three alternative published reference postings or prices representa­tive of spot prices for Gas delivered in the same geographic area. Each Party shall submit its list to the other within ten Days after the end of the first Month for which the LUAF Price could not be determined. The first listed index appearing in Customer's list that also appears in Contractor's list shall constitute the replacement index. If no common indices appear on the lists, each Party shall submit a new list adding two indices within ten Days. If either Party fails to provide timely a list, such Party's list shall not be considered. Upon determination of an alternate index, the LUAF Price will be determined in accordance herewith.
Sample 1
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Alternate Index. If an index used to calculate a price hereunder (“Original Index”) ceases to be published or is not published for any period applicable to calculation of such price, the Parties shall in good faith meet and promptly agree on a replacement index within ten (10) Business Days after the date the Original Index ceases to be published. Such replacement index will be as comparable as possible to the Original Index specified in this Agreement.
Sample 1

Related to Alternate Index

  • Alternative Index In the event that the Index for any Mortgage Loan, as specified in the related Mortgage Note, becomes unavailable for any reason, the Master Servicer shall select an alternative index, which in all cases shall be an index that constitutes a qualified rate on a regular interest under the REMIC Provisions, in accordance with the terms of such Mortgage Note or, if such Mortgage Note does not make provision for the selection of an alternative index in such event, the Master Servicer shall, subject to applicable law, select an alternative index based on information comparable to that used in connection with the original Index and, in either case, such alternative index shall thereafter be the Index for such Mortgage Loan.

  • Alternate RDOs (a) Where the Employer and a majority of the Employer’s Employees at an enterprise or job site agree, another day may be substituted for the scheduled RDO. (b) Wherever possible, such agreement will take place 5 working days prior to the change being implemented. (c) Where there is a dispute in relation to an alternate RDO and it is unable to be resolved at the workplace level, the matter may be determined in accordance with clause 10- Disputes Resolution Procedure of this Agreement.

  • Alternate Billed Calls 1.1 The Parties will engage in settlements of intraLATA intrastate alternate-billed calls (e.g., collect, calling card, and third-party billed calls) originated or authorized by their respective Customers in accordance with an arrangement mutually agreed to by the Parties.

  • Determination Date The Business Day immediately preceding the related Remittance Date.

  • Index The index specified in the related Mortgage Note for calculation of the Mortgage Rate thereof. Initial LIBOR Rate: 1.10%.

  • Calculation Dates The interest rate applicable to each Interest Reset Period will be determined by the Calculation Agent on or prior to the Calculation Date (as defined below), except with respect to LIBOR, which will be determined on the particular Interest Determination Date. Upon request of the Holder of a Floating Rate Note, the Calculation Agent will disclose the interest rate then in effect and, if determined, the interest rate that will become effective as a result of a determination made for the next succeeding Interest Reset Date with respect to such Floating Rate Note. The “Calculation Date”, if applicable, pertaining to any Interest Determination Date will be the earlier of: (1) the tenth calendar day after the particular Interest Determination Date or, if such day is not a Business Day, the next succeeding Business Day; or (2) the Business Day immediately preceding the applicable Interest Payment Date or the Maturity Date, as the case may be.

  • Rate Redetermination for Market Change In the event of delay or interruption, exceeding 90 days, under B8.33, Contracting Officer shall make an appraisal to determine for each species the difference between the appraised unit value of Included Timber immediately prior to the delay or interruption and the appraised unit value of Included Timber immediately after the delay or interruption. The appraisal shall be done after any rate redetermination done pursuant to B3.31, using remaining volumes.

  • Rate Increases In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”

  • Adjustment Date 6 Advance.......................................................................6 Affiliate.....................................................................6 Agreement.....................................................................6

  • ADJUSTMENT FACTORS The Contractor will perform any or all Tasks in the Construction Task Catalog for the Unit Price appearing therein multiplied by the following Adjustment Factors. See the General Terms and Conditions for additional information.

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