Alternate Pricing. (a) Reference Price No Longer Published or Representative If:
(i) Metal Bulletin ceases to be published, or ceases to publish any quotation referred to in this Section for determining the prices for copper, gold and/or silver;
(ii) the LME has ceased to quote a price for copper or the LBMA has ceased to quote a fixing price for gold and/or silver, as the case may be; or
(iii) the quotations are no longer representative of the value then being obtained by non-integrated mines for copper, gold and silver contained in copper concentrates, then upon written notice by Seller or Buyer to the other, Seller and Buyer shall promptly consult with each other with a view toward determining a new reference price consistent with the previous method for determining the Payable Copper Price, Payable Silver Price and Payable Gold Price, as the case may be, with respect to the Concentrate to be sold hereunder. If within 60 days after the date of any notice for consultation pursuant to Section 7.5(a), Seller and Buyer shall not have agreed on an alternate basis for determining the reference price of copper, gold and/or silver, as the case may be, either Seller or Buyer shall have the right to refer the matter to the Referee for resolution in accordance with Article 12.
Alternate Pricing. (a) In the event that (i) Metal Bulletin ceases to be published, or ceases to publish any quotation referred to in this Article 7 for determining the prices for copper, gold and/or silver, (ii) the London Metals Exchange ceases to quote a price for copper or the London Bullion Market Association ceases to quote a price for gold and/or silver, as the case may [**] - Indicates certain information has been redacted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the redacted portions. be, or (iii) any of such quotations are, in the reasonable opinion of the Seller or the Buyer, no longer internationally recognized as the basis of payments for such metals, then, upon written notice by the Seller or the Buyer to the other, the Seller and the Buyer shall promptly consult with each other with a view toward determining a new basis consistent with the previous method (under this Article 7) for determining the prices for copper, gold and/or silver, as the case may be, with respect to the Concentrates to be sold hereunder.
(b) The prices of copper, gold and/or silver, if quoted in any currency other than Dollars by Metal Bulletin, shall be converted into Dollars using the average daily rate published by the Federal Reserve Board of the United States over the applicable Quotational Period for the purchase of Dollars using the currency quoted in Metal Bulletin. The average price for any such Quotational Period shall be calculated by totalling the Dollar equivalents of the daily prices and dividing such total by the number of pricing days in such period.
(c) If either the Seller or the Buyer notifies the other pursuant to Section 7.05(a) above, the Seller shall then have the right, by written notice to the Buyer, to invoice provisionally (in respect of any of the types of invoices referred to in Article 7.12(a)) at the applicable price(s) applied to the previous shipment of Concentrates sold hereunder prior to such written notice (the “Interim Price”) and the Buyer shall thereafter pay on the basis of the Interim Price until (i) the Seller and the Buyer shall agree on a new pricing basis for the metal(s) concerned or (ii) the Referee has finally determined the price(s) as provided in Section 7.05(d) below, whichever shall first occur. Once agreement is reached pursuant to Section 7.05(a) or determination is made by Referee pursuant to Section 7.05(d), the affected quantities of Concentrates shal...
Alternate Pricing. In the event that: (1) [***]; or (2) AA can reasonably demonstrate a comparable negative impact on its business as a result of other pricing circumstances; then American in its discretion, by providing at least 45 days’ notice to Gogo at any time following the trigger event at which the triggering circumstances continue to be in effect, may direct that Gogo cut over to the model described below for all Retrofit A/C under this Agreement and the Existing Agreement. Upon such cutover, Connectivity Services will be provided to all passengers on all Retrofit A/C [***]. During the notice period, the parties will work together in good faith to develop and implement a cut over plan that includes a plan for ensuring continued quality of service notwithstanding anticipated increased usage. If the [***] service is only offered on a significant but targeted basis (e.g., international) but otherwise meets one of the criteria above, American, subject to the procedures described above, can direct Gogo to cut over on a targeted basis. For more localized or limited duration issues (e.g. [***] service to passengers in a premium cabin), the parties will jointly determine and implement a response intended to make American competitive. Model. <650 miles $ [*** ] [***] MB 650 – 1150 miles $ [*** ] [***] MB 1151 – 2250 miles $ [*** ] [***] MB >2250 miles $ [*** ] [***] MB For each flight of a Retrofit A/C (it being agreed that a “flight” for purposes of this section means one takeoff and one landing) AA will pay Gogo (i) the applicable Per Boarded Passenger Fee for every passenger boarded on the flight and (ii) the per MB Usage Fees then in effect (as set forth in Section 11.4) for the amount by which the aggregate MBs used by passengers on such flight for Connectivity Services exceeds the applicable amount shown above under “[***] Megabyte Consumption/Flight.” Following a cutover on a fleet-wide or targeted basis, American may in its discretion, upon 45 days’ notice to Gogo, direct Gogo to revert to the revenue share-based model in effect on the Effective Date.
Alternate Pricing. (a) Pricing Basis No Longer Published or No Longer Representative. In the event that (i) "Platt's Metals Week" ceases to be published, or ceases xx xxxlish any quotation specified in this Article 8 for determining the prices for copper, gold or silver, or publishes and does not later correct an erroneous quotation for copper, gold or silver, of a value then being obtained for copper, gold or silver (as applicable), or (ii) it is the reasonable belief of Buyer or Seller that the quotations are no longer representative of the fair market values then being obtained by non-integrated mines for copper, gold and silver contained in copper concentrates, then, upon written notice by Seller or Buyer to the other, the parties shall promptly confer and agree on a new pricing basis for the Payable Copper, Payable Gold or Payable Silver in the Concentrates to be sold hereunder.
Alternate Pricing. List by system and describe any alternate pricing to base proposal. Include whether it is an addition (Add) or deletion (Deduct) to base proposal.
Number 1 - Computerized maintenance program. Includes 1 license and eng. RSView Diagnostics System (+) [ * ] Number 2 - Annual cost of maintenance contract (+) [ * ] Number 3 - Shipping sorter recirculation and accumulation conveyors (+) [ * ] Number 4 - Cost to move shipping sorter & fill and seal approximately 20 feet south of present location (+) [ * ] Number 5 - Cost to move one existing pack line approximately 10 feet from current position (+) [ * ] Number 6 Cost to provide and install 294 sections of new selective pallet rack (+) [ * ] Number 7 Cost to provide and install 294 sections of used and new selective rack with 96 clear load beams. (+) [ * ] Number 8 Shipping Accumulation Reference Xxxxxx ShippingOption. drawing (1808cp1revAwalt) (+) [ * ] Number 9 Weekend Tie-In (+) 6,000 Reference Xxxxxx drawing (1808cp1revAwalt) (+) [ * ] Number 10 Base Bid Clear Aisle and Reference Xxxxxx Jewelry Cage relocation drawing (CP1REVB-31704.dwg) (+) [ * ] Number 11 Additional line scanner per (+) [ * ] Number 12 Additional Software License(s) (+) [ * ] Number 13 Deduct for PC per License (-) [ * ] SUMMARY Base Bid [ * ] Base Bid Clear Aisle [ * ] Base Bid Clear Aisle (Accumulation) [ * ] Base Bid Clear Aisle (Accumulation) + Recirculation [ * ] Base Bid Clear Aisle (Accumulation) + Recirculation + Options 1, 11 & 13 [ * ] NOTE: SUMMARY PRICING INCLUDES PERMITS AND WEEKEND TIE-INS. TOTAL ALTERNATE PRICING $ - * Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as [*]. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission.
Alternate Pricing. In the event that: (1) [***]; or (2) AA can reasonably demonstrate a comparable negative impact on its business as a result of other pricing circumstances; then American in its discretion, by providing at least 45 days’ notice to Gogo at any time following the trigger event at which the triggering circumstances continue to be in effect, may direct that Gogo cut over to the model described below for all Retrofit A/C under this Agreement and the Existing Agreement. Upon such cutover, Connectivity Services will be provided to all passengers on all Retrofit A/C [***]. During the notice period, the parties will work together in good faith to develop and implement a cut over plan that includes a plan for ensuring continued quality of service notwithstanding anticipated increased usage. If the [***] service is only offered on a significant but targeted basis (e.g., international) but otherwise meets one of the criteria above, American, subject to the procedures described above, can direct Gogo to cut over on a targeted basis. For more localized or limited duration issues (e.g. [***] service to passengers in a premium cabin), the parties will jointly determine and implement a response intended to make American competitive.
Alternate Pricing. In the event that American, in accordance with the notice and other requirements set forth in Section 8.2.2 of the Subsequent Agreement, directs that Gogo cut over (on a fleet wide or targeted basis, as the case may be) to the model described below for all Retrofit A/C under this Agreement and the Subsequent Agreement, such cutover shall occur simultaneously under this Agreement and the Subsequent Agreement. Upon such cutover, Connectivity Services will be provided to all passengers on all Retrofit A/C [***]. During the notice period, the parties will work together in good faith to develop and implement a cut over plan that includes a plan for ensuring continued quality of service notwithstanding anticipated increased usage. For more localized or limited duration issues (e.g. [***] service to passengers in a premium cabin), the parties will jointly determine and implement a response intended to make American competitive. Model. Flight Length [***] [***] <650 miles $ [*** ] [***] MB 650 – 1150 miles $ [*** ] [***] MB 1151 – 2250 miles $ [*** ] [***] MB >2250 miles $ [*** ] [***] MB For each flight of a Retrofit A/C (it being agreed that a “flight” for purposes of this section means one takeoff and one landing) AA will pay Gogo [***] In the event that American directs Gogo to revert to the revenue share model in accordance with Section 8.2.2 of the Subsequent Agreement, such reversion will occur simultaneously under this Agreement and the Subsequent Agreement.
Alternate Pricing. Alternate Pricing (defined below) only applies to Service Contracts when any of the following are true:
(a) you entered into the Service Contract before NurseContact first started charging Tiered Pricing;
(b) you entered into the Service Contract pursuant to a feature of the Site where we advertised a different Service Fee, such as our Featured Job Post for Clients; or
(c) the Service Contract is with a Client who is not an Enterprise Client, but who has a legacy arrangement for lower fees that apply to the Service Contract. As described in this Section 2.3, if Alternate Pricing applies, we will typically charge you a Service Fee of a fixed percent (“Alternate Pricing”), as shown in the examples below. The Service Fee under Alternate Pricing is a flat 10% unless other rates for Alternate Pricing are expressly communicated to you, including by communications through the Site. For certain Service Contracts, the Alternate Pricing may be a lower flat percentage (such as through a “bring your own” program) or may have a different tiered fee rates (such as for a Featured Job Post), in each case as clearly stated on the Site at the time the Service Contract was or is entered into. When there is a different tiered fee rate, the initial rate will be as clearly stated on the Site, and once the Service Fees on the Engagement Relationship exceed $10,000, the Service Fee will be reduced to 5%, unless otherwise clearly communicated to you, including by communications through the Site.
Alternate Pricing. In the event that American, in accordance with the notice and other requirements set forth in Section 8.2.2 of the Subsequent Agreement, directs that Gogo cut over (on a fleet wide or targeted basis, as the case may be) to the model described below for all Retrofit A/C under this Agreement and the Subsequent Agreement, such cutover shall occur simultaneously under this Agreement and the Subsequent Agreement. Upon such cutover, Connectivity Services will be provided to all passengers on all Retrofit A/C [***]. During the notice period, the parties will work together in good faith to develop and implement a cut over plan that includes a plan for ensuring continued quality of service notwithstanding anticipated increased usage. For more localized or limited duration issues (e.g. [***] service to passengers in a premium cabin), the parties will jointly determine and implement a response intended to make American competitive. Model. For each flight of a Retrofit A/C (it being agreed that a “flight” for purposes of this section means one takeoff and one landing) AA will pay Gogo [***]. In the event that American directs Gogo to revert to the revenue share model in accordance with Section 8.2.2 of the Subsequent Agreement, such reversion will occur simultaneously under this Agreement and the Subsequent Agreement.
