Annual Pricing Sample Clauses

Annual Pricing. Licensor, Covanta and AK shall agree on a procedure to establish the price, at the end of each November, for the following year, of (i) Systems, (ii) the catalyst that is used with the Technology, (iii) replacement/spare parts for Systems and (iv) the cost for AK or Licensor to provide services on Systems or other engineering services in order to (a) ensure that such prices are not increased inappropriately from year to year and (b) to provide price certainty to Covanta for the upcoming year in connection with the Projects that it has under development. The Parties are aware that the current price of a KDV 500 includes a technology fee of [*****] and acknowledge that the minimum technology fee to AK from the sale of a System in the future, as arrangements are put in place by AK to broaden the manufacturing base and reduce the total cost of the Systems will include a technology fee not to exceed [*****]. Licensor, Covanta and AK shall use their best efforts to negotiate in good faith and agree as soon as practicable to the terms of such procedure and any other mechanisms that may be necessary or helpful to determine the pricing for the Systems or any other items. Licensor shall provide Covanta, prior to the end of each November, with the updated pricing for the following year. Licensor further agrees (and AK, by its execution of this Agreement in the space provided below, agrees) that Covanta will not be charged more during any year for a purchase of one or more Systems for delivery in a country than the lowest price that is paid by any other licensee of Licensor or customer of AK for delivery in such country in connection with a purchase of a comparable number of Systems in such year.
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Annual Pricing. Licensor, American and AK shall agree on a procedure to establish the price, at the end of each November, for the following year, of (i) Systems, (ii) the catalyst that is used with the Technology, (iii) replacement/spare parts for Systems and (iv) the cost for AK or Licensor to provide services on Systems or other engineering services in order to (a) ensure that such prices are not increased inappropriately from year to year and (b) to provide price certainty to American for the upcoming year in connection with its sales and marketing efforts. The Parties are aware that the current price of a KDV 500 includes a technology fee of [*****] and acknowledge that the minimum technology fee to AK from the sale of a System in the future, as arrangements are put in place by AK to broaden the manufacturing base and reduce the total cost of the Systems will include a technology fee not to exceed [*****]. Licensor, American and AK shall use their best efforts to negotiate in good faith and agree as soon as practicable to the terms of such procedure and any other mechanisms that may be necessary or helpful to determine the pricing for the Systems or any other items. Licensor shall provide American, prior to the end of each November, with the updated pricing for the following year. Licensor further agrees (and AK, by its execution of this Agreement in the space provided below, agrees) that American’s Customers will not be charged more during any year for a System than the lowest price that is paid by any other licensee of Licensor or customer of AK for a comparable System in such year in the United States.
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Annual Pricing. The Parties shall meet each November (and shall invite American to participate in such meeting) for the purpose of (i) establishing the Base Price for the coming year, (ii) establishing the price of spare parts and any consumables being supplied by Covanta, (iii) approving changes in the form of the standard Covanta Purchase Order to provide predictability in marketing and selling the Systems, (iv) discussing issues of concern regarding pricing or undue priority to any of the Parties or American and (v) for any other purpose that is relevant to the successful exploitation of the Technology. Subject to the express provisions hereof, the final determination of the Base Price, the price of spare parts and any consumables and the provisions of the standard Covanta Purchase Order shall be made by Covanta.
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Annual Pricing. BASi agrees to provide the Services to Pharmasset at the pricing specified in the price list (the “Price List”) less the applicable discount rate (the “Discount Rate”) as set forth in Appendix 1 hereto. The Price List and Discount Rate will become effective at the commencement of the Agreement and shall remain in effect for twelve (12) months from the Effective Date. The parties agree to review the Price List and Discount Rate at least thirty (30) days prior to its expiration and, if mutually desired, to amend the same accordingly. Included as Appendix 2 to this agreement is a listing of projects awarded prior to the execution of this PPA, which includes discounts provided by BASi in the negotiation and agreement of the projects. Pharmasset and BASi agree that the final pricing to be applied to these studies will be the Price List amount (prior to discount) less the larger of i) the discount applied in the original bid, or ii) the discount computed using the contract formula in this agreement.
Sample 1
Annual Pricing. Licensor, American, Covanta and AK shall agree on a procedure to establish the price, at the end of each November, for the following year, (i) of Systems manufactured pursuant to a Licensor Purchase Order, (ii) of the catalyst that is used with the Technology, (iii) of Parts and (iv) for AK or Licensor to provide services on Systems or other engineering services in order to (a) ensure that such prices are not increased inappropriately from year to year and (b) to provide price certainty to American for the upcoming year in connection with projects it has under development and its sales and marketing efforts. Licensor shall provide American, prior to the end of each November, with the updated pricing for the following year. Licensor further agrees (and AK, by its execution of this Agreement in the space provided below, agrees) that American and its customers will not be charged more under a Licensor Purchase Order during any year for a purchase of a System than the lowest price that is paid by any other licensee of Licensor or customer of AK for a comparable System in such year in the United States.”
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Annual Pricing. AlphaKat, the Marketing Company and any Sublicensees and Approved Suppliers which the Marketing Company requests be included shall agree on a procedure to establish the price, at the end of each November, for the following calendar year, (i) of Systems manufactured pursuant to a Marketing Company Purchase Order, (ii) of the catalyst that is used with the Technology, (iii) of Parts for Systems and (iv) for AlphaKat and/or the Marketing Company to provide services on Systems or other engineering services, all in order to (a) ensure that such prices are not increased inappropriately from year to year and (b) provide price certainty to the Marketing Company and such Sublicensees planning to purchase Systems using Marketing Company Purchase Orders for the upcoming year in connection with their marketing and development efforts. AlphaKat shall provide the Marketing Company, prior to the end of each November, with the updated pricing for the following year.
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Annual Pricing. The price payable by PCO for each Service shall be established annually by this procedure:
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Annual Pricing. The parties agree that they will meet annually to establish the fixed space price, the applicable hourly handling rate for each Facility and transportation rates for the following calendar year. Annual price change proposals for each Facility shall be submitted to the Alliance Committee no later than each 10 <Page> Solo Final September 15 before the commencement of the next calendar year. The Alliance Committee shall have thirty (30) days to agree on the annual repricing. In the event no agreement is reached regarding repricing by the Alliance Committee, the parties shall follow the Alternative Dispute Resolution, arbitration and other related provisions of this Agreement. Annual price adjustments shall be put into effect no later than January 1 of the applicable calendar year. In the event that the price adjustment is not determined by that date it shall be retroactive to January 1. Quarterly or interim price adjustments shall be effective when agreed upon or on such other dates as agreed to or determined pursuant to this Agreement. The first annual review of pricing, required by this PARAGRAPH, shall occur during calendar year 2002 for the year 2003. 4. BUDGET AND PRICING ADMINISTRATION Estimated or budgeted charges and expenses within any phase of pricing will be presented to SOLO for prior approval. Wherever possible those expenses will be approved by SOLO prior to commitment and will be tracked and reported on in a manner approved by the Alliance Committee. Matters or costs not foreseen by the parties at the time of the execution of this Agreement and which are not the subject of an FSA are to be administered by the Alliance Committee. 5.
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Related to Annual Pricing

  • Benchmarking 19.1 The Parties shall comply with the provisions of Framework Schedule 12 (Continuous Improvement and Benchmarking) in relation to the benchmarking of any or all of the Goods and/or Services.

  • Service Levels Annex 1 to this Part A of this Call Off Schedule sets out the Service Levels the performance of which the Parties have agreed to measure. The Supplier shall monitor its performance of this Call Off Contract by reference to the relevant performance criteria for achieving the Service Levels shown in Annex 1 to this Part A of this Call Off Schedule (the Service Level Performance Criteria) and shall send the Customer a Performance Monitoring Report detailing the level of service which was achieved in accordance with the provisions of Part B (Performance Monitoring) of this Call Off Schedule. The Supplier shall, at all times, provide the Services in such a manner that the Service Levels Performance Measures are achieved. If the level of performance of the Supplier of any element of the provision by it of the Services during the Call Off Contract Period: is likely to or fails to meet any Service Level Performance Measure or is likely to cause or causes a Critical Service Failure to occur, the Supplier shall immediately notify the Customer in writing and the Customer, in its absolute discretion and without prejudice to any other of its rights howsoever arising including under Clause 12 of this Call Off Contract (Service Levels and Service Credits), may: require the Supplier to immediately take all remedial action that is reasonable to mitigate the impact on the Customer and to rectify or prevent a Service Level Failure or Critical Service Level Failure from taking place or recurring; and if the action taken under paragraph (a) above has not already prevented or remedied the Service Level Failure or Critical Service Level Failure, the Customer shall be entitled to instruct the Supplier to comply with the Rectification Plan Process; or if a Service Level Failure has occurred, deduct from the Call Off Contract Charges the applicable Service Level Credits payable by the Supplier to the Customer in accordance with the calculation formula set out in Annex 1 of this Part A of this Call Off Schedule; or if a Critical Service Level Failure has occurred, exercise its right to Compensation for Critical Service Level Failure in accordance with Clause 13 of this Call Off Contract (Critical Service Level Failure) (including subject, for the avoidance of doubt, the proviso in Clause 13.1.2 of this Call Off Contract in relation to Material Breach). Approval and implementation by the Customer of any Rectification Plan shall not relieve the Supplier of any continuing responsibility to achieve the Service Levels, or remedy any failure to do so, and no estoppels or waiver shall arise from any such Approval and/or implementation by the Customer. SERVICE CREDITS Annex 1 to this Part A of this Call Off Schedule sets out the formula used to calculate a Service Credit payable to the Customer as a result of a Service Level Failure in a given service period which, for the purpose of this Call Off Schedule, shall be a recurrent period of [one Month] during the Call Off Contract Period (the Service Period).

  • Payment Frequency As of the Cutoff Date and as shown on the books of CNHCA: (A) Receivables having an aggregate Statistical Contract Value equal to 76.88% of the Aggregate Statistical Contract Value had annual scheduled payments, (B) Receivables having an aggregate Statistical Contract Value equal to 2.70% of the Aggregate Statistical Contract Value had semi-annual scheduled payments, (C) Receivables having an aggregate Statistical Contract Value equal to 0.79% of the Aggregate Statistical Contract Value had quarterly scheduled payments, (D) Receivables having an aggregate Statistical Contract Value equal to 17.19% of the Aggregate Statistical Contract Value had monthly scheduled payments, and (E) Receivables having an aggregate Statistical Contract Value equal to 2.45% of the Aggregate Statistical Contract Value had irregularly scheduled payments.

  • Compliance Support Services Provide compliance policies and procedures related to services provided by BNY Mellon and, if mutually agreed, certain of the BNY Mellon Affiliates; summary procedures thereof; and periodic certification letters. · Such Compliance Support Services are administrative in nature and do not constitute, nor shall they be construed as constituting, legal advice or the provision of legal services for or on behalf of a Fund or any other person, and such services are subject to review and approval by the applicable Fund and by the Fund’s legal counsel. · Provide access to Fund records so as to permit the Fund or TRP to test the performance of BNY Mellon in providing the services under this Agreement. · Such Compliance Support Services performed by BNY Mellon under this Agreement shall be at the request and direction of the Fund and/or its chief compliance officer (the “Fund’s CCO”), as applicable. BNY Mellon disclaims liability to the Fund, and the Fund is solely responsible, for the selection, qualifications and performance of the Fund’s CCO and the adequacy and effectiveness of the Fund’s compliance program.

  • Service Level In the event that League InfoSight discovers or is notified by you of the existence of Non-Scheduled Downtime, we will use commercially reasonable efforts to determine the source of the problem and attempt to resolve it as quickly as possible.

  • Service Level Standards In addition to all other requirements in this Agreement, and in accordance with the Best Claims Practices & Estimating Guidelines, Vendor shall use reasonable and good faith efforts to meet the Service Level Standards set forth below.

  • Annual Percentage Rate Each Receivable has an APR of not more than 25.00%.

  • Report on Assessment of Compliance and Attestation (a) On or before March 1 of each calendar year, commencing in 2007, the Servicer shall:

  • Services Fee 5.1 The Transmission Services performed by TSO to Network User under this Standard Transmission Agreement are subject to the applicable Services fee calculated in accordance with attachment A of the Access Code for Transmission. In the event of any modification to the Regulated Tariffs, the Total Monthly Fee(s) and the Total Monthly Self-billing Fee(s) provided for in this Article 5.1 shall be adapted as from the calendar day of the entering into force of the modifications.

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