Annual Price Adjustment. Each year on the anniversary of the date of issuance hereof (the “Anniversary Date”), if the average Closing Price on all of the Trading Days since the previous Anniversary Date is lower than the Exercise Price then in effect, then the Exercise Price shall be reduced to such average Closing Price; provided, however, that the Exercise Price shall not be reduced to less than $.005 per share. The calculation of the average Closing Price since the previous Anniversary Date shall include the Closing Price, if any, on the Anniversary Date on which such calculation is being made.
Annual Price Adjustment. On the one-year anniversary of the expiration of the Repayment Period and annually thereafter (each, an “Adjustment Date”) the Price shall be subject to adjustment (up or down) to match the percentage change in the BLS Producer Price Index: Series ID PCU212322212322S — Industrial Sand Mining, Secondary Products. At any Adjustment Date, the percentage change in the BLS Producer Price Index: Series ID PCU212322212322S — Industrial Sand Mining, Secondary Products shall be calculated using the latest available monthly index over the monthly index for the prior Adjustment Date (or, in the case of the first Adjustment Date, the monthly index for October 1, 2011) and not on any average of the monthly index between the two measuring points. Price adjustments will be calculated using the latest available monthly index figures on the review data and, for the avoidance of doubt, will not be reconciled with the monthly final index numbers.”
Annual Price Adjustment. With the exception of the natural gas surcharge, all Prices are to remain fixed until the Wisconsin Supply Period Commencement Date. The initial adjustment date (the “Initial Adjustment Date”) will take place on the Wisconsin Supply Period Commencement Date and future adjustment dates (the “Annual Adjustment Dates” and, together with the Initial Adjustment Date, the “Adjustment Dates”) will take place annually thereafter. At each Adjustment Date, the Price shall be subject to adjustment (up or down) to match the percentage change in the BLS Producer Price Index: Series ID PCU212322212322S — Industrial Sand Mining, Secondary Products, provided that the adjustment to Price at any Adjustment Date shall not exceed 5% (up or down). At any Adjustment Date, the percentage change in the BLS Producer Price Index: Series ID PCU212322212322S — Industrial Sand Mining, Secondary Products shall be calculated using the latest available monthly index over the monthly index for the prior Adjustment Date (or, in the case of the Initial Adjustment Date, the monthly index for the Effective Date) and not on any average of the monthly index between the two measuring points. Price adjustments will be calculated using the latest available monthly index figures on the review data and, for the avoidance of doubt, will be not be reconciled with the monthly final index numbers.
Annual Price Adjustment. During the Term of this Agreement after [***], the unit price of each Product shall be increased or decreased, which adjustment shall become effective on January 1 of the subsequent calendar year by (a) the change in the cost of Raw Materials; provided, however, that any such change will not include the amount of any price change already implemented under Section 4.1.4 of this Agreement and (b) the actual change in CPL’s labor and overhead costs as consistently applied to all products manufactured by CPL incurred over the prior [***] ([***]) month period (“Conversion Cost”); provided, however, that if such change in the labor and overhead is an increase, the percent change may not exceed the percentage increase over the prior [***] ([***]) month period in the Pharmaceutical Producer Price Index Pharmaceutical Preparation Manufacturing Ref. No. pcu325412325412 (“PPI”) as reported by the United States Department of Labor Bureau of Labor Statistics.
Annual Price Adjustment. Epic shall be entitled to adjust all charges (including the price of the Subscription Plan, charges for any additional services, roaming charges and any out of bundle charges) each year on 1 February by an amount equal to the annual Consumer Price Index inflation rate (xxxxx://xxx.xxxxxx.xxx.xx/el/SubthemeStatistics?s=47) ("Inflation Rate") published by the Statistical Service of the Republic of Cyprus in the preceding January. Epic shall communicate any such adjustment to the Subscriber. The adjustment will be calculated by multiplying the relevant Charge individually by the Inflation Rate percentage and will be rounded up or down to the nearest whole cent. The price adjustment will apply on February invoices each year, unless Epic in its sole discretion chooses not to apply the relevant adjustment. In the event that the Inflation Rate is negative, the Inflation Rate will be treated as being 0%. The adjustment to charges as a result of this clause is not a change pursuant to clause l0(E) and, therefore, does not give rise to the notification procedure and termination rights set out in clause 8(D), so the termination fee as per clause 8(F) will become payable if a Subscriber wishes to terminate the Agreement for their Subscription Plan before the end of the Minimum Period. If the Inflation Rate ceases to be published by the Statistical Service of the Republic of Cyprus, the calculation will be made on the basis of the replacement index chosen by the Republic of Cyprus or a similar index communicated to you by Epic.
Annual Price Adjustment. Purchase Prices for each Product set forth in Exhibit A shall be in effect for Products having specified delivery dates during the first Contract Year. Purchase Prices to be in effect for Products to be delivered in each subsequent Contract year shall be negotiated by the parties in good faith, taking into account factors including, but not limited to, cost changes, volume changes and plant utilization. In the event that Purchase Price changes are not agreed upon as a result of such good faith negotiations, then the Purchase Prices in effect for the preceding Contract Year shall remain in effect.
Annual Price Adjustment. To reflect changes in the cost of labor and raw materials, SAFC may adjust the Batch production price each Contract Year of the Term following the initial Contract Year in accordance with the following: (a) SAFC shall provide Company with written notice of any [***]; (b) [***].
Annual Price Adjustment. I. The Manufacturing Price, Campaign Report Fee, Engineering Run Price and Annual Program Fee specified in Attachment 1 shall increase first on [***] and then on [***] of the consecutive years in an amount [***], if any, [***]. Manufacturing Price shall not decrease. Notwithstanding the foregoing, if [***].
II. Process Consumable Price and Resin Price specified in Attachment 2 shall be adjusted annually first on [***] and then on [***] of the consecutive years in the amount equal to the increase or [***].
Annual Price Adjustment. Contractors may adjust their pricing on January 1, of each year by providing the revised pricing to the Procurement Officer by November 30. Revised unit pricing shall be limited to a maximum of 5% increase. Price per pound for any or all species is indicated on the Price Schedule. Custom mix of one or more species may be required as specified on each order from the list of species. Seed orders must be available within 14 days of order. At KDWP&T’s discretion orders may be provided in 50 lb bags, tote bags or may load at contractor location in bulk. Approved strains. Many named varieties of adapted native grasses and forms have been developed and released and should be used when available. For information on adaptation areas of named strains, refer to Kansas Plant Materials Technical Note KS-1, Grass and Forb/Legume Varieties Approved for Use in Kansas.
Annual Price Adjustment. Upon each annual anniversary of this Agreement pursuant to Paragraph 9.0, the Parties shall negotiate any potential increase in the Management Fee, and if applicable, adjustments to the Operating Cost Budget, in accordance with the Midwest Region CPI for the previous 12-month period, but not to exceed 3.0%.
