Common use of ANNUAL ADJUSTMENT TO PRICING Clause in Contracts

ANNUAL ADJUSTMENT TO PRICING. The pricing herein is subject to annual adjustment beginning July 16, 2001; such adjustment to be calculated using a percent change methodology (whether up or down) based on the Consumer Price Index for All Urban Consumers, not seasonally adjusted, as published by the Department of Labor, Bureau of Labor Statistics (hereinafter "CPI"). For the first adjustment, August 1999 will serve as the base rate period and the CPI Index published closest to but not after July 15, 2001 as the reference point to measure the percent change for such adjustment. For the second adjustment on July 16, 2002, the CPI Index published closest to, but not after, July 15, 2001 will serve as the base rate period and the CPI Index published closest to but not after July 15, 2002 as the reference point to measure the percent change for such adjustment. Subsequent adjustments will be made on the 16th of July of each year using the same year-to-year percent change methodology. If no CPI Index data is published during the twelve-month period prior to the 16th day of July in any given year, the Parties shall mutually agree upon a substitute Index. PART I: MILESTONES PAYMENTS AND MILESTONE ACHIEVEMENT CRITERIA The following Milestone Payments (1-12) will be paid on a Site-by-Site basis upon satisfactory completion of the corresponding Milestone Achievement Criteria in accordance with the requirements of the Contract. All Work associated with each Work Unit set forth under each Milestone must be satisfactorily completed in accordance with the requirements of the Contract for the Milestone Achievement Criteria to be met and the Milestone Payment to be payable. Contractor shall only be entitled to payment for Work Units performed on multiple candidate Sites within a Search Ring where the multiple instances for payment of those Work Units are specifically indicated in this Exhibit C. Any such payments shall be payable upon satisfactory completion of the corresponding Work Unit Achievement Criteria.

Appears in 4 contracts

Samples: Contract for Engineering and Construction (LCC International Inc), Xm Satellite Radio Holdings Inc, Xm Satellite Radio Holdings Inc

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