Change in Costs. The tariff agreed in this Agreement is approved by the ECB, and has an agreed price path, with annual escalations as set out in Error: Reference source not found (Energy Payment). In the event of any Change in Law resulting in a Change in Costs that materially changes the economic position of the Seller, and more specifically has the effect of an increase in cost or decrease in revenue to the Seller of more than five million Namibian dollars in aggregate, projected over the life of the Power Plant in accordance with the Base Case Financial Model, NamPower and the Seller shall approach the ECB to adjust the tariff in terms of the then applicable tariff methodology to ensure that the Seller’s Regulated Equity Return as set out in the Base Case Financial Model is maintained. The Change in Costs as contemplated in Clause 16.1.2 must have the effect of (a) impacting one or more of the inputs in the Base Case Financial Model and / or (b) results in one or more changes to the Grid Code. In the event of a Change in Law (“Change in Costs”) which falls within the ambit of Clause 16.1.3, the Seller may only claim relief for a Change in Costs in the event: the principle effect of such Change in Costs is directly borne by: the Power Project and other power plants forming part of the REFIT Programme; the Seller and not other persons; and in respect of which the Seller is not entitled to any other relief pursuant to any other provisions of this Agreement; and which was not foreseen by the Seller on or before the Signature Date or if it was foreseen, the impact on the Power Project was not foreseen; and which could not reasonably have been foreseen by any person in the position of the Seller on or before the Signature Date or if it could have reasonably have been foreseen, the impact on the Power Project could not reasonably have been foreseen. An increase in taxes of general application which does not discriminate against the Seller or against the Seller and other parties undertaking projects similar to the Power Project under the REFIT Programme shall not be deemed a Change in Costs. A Change in Costs shall not include any Law that was enacted or made but not yet in force as at the Signature Date, or any xxxx that was promulgated for comment at any time before the Signature Date if and to the extent that such xxxx is materially unchanged when enacted and brought in effect.
Change in Costs. If prior to the first day of any Interest Period with respect to a LIBOR Rate Loan, any Lender shall have determined (which determination shall be conclusive and binding upon the Borrower absent manifest error) that: (i) by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the LIBOR Rate for such Interest Period, or (ii) the LIBOR Rate determined or to be determined for such Interest Period will not adequately and fairly reflect the cost to such Lender or its LIBOR Lending Office of maintaining its LIBOR Rate Loan during such Interest Period, then such Lender shall give facsimile or telephone notice thereof to the Borrower as soon as practicable thereafter. If such notice is given, the interest rate on each Term Loan for such Interest Period and for each subsequent Interest Period until such Lender gives notice to the Borrower otherwise shall equal the sum of the Base Rate plus the Initial Spread or the Continuing Spread, as the case may be.
Change in Costs. Effective January 1, 20172021, and thereafter through the term of this Agreement, the Hospitals will continue to pay the same percentage of the costs (based on premiums or premium equivalents) for coverage under the Health Plans (HCA PPO Plans) and of the costs (based on premiums or premium equivalents) of the HMO) (or equivalent) for regular full-time and regular part-time employees with less than three (3) years of service..
Change in Costs. If Seller has performed work that is not reusable in fulfilling its obligations under other Purchase Orders issued by Buyer, or that such non-reusable work cannot reasonably be restocked or otherwise used by Seller in fulfillment of its obligations to other customers without increased cost to Seller, then the purchase price to be charged by Seller shall be equitably adjusted. Seller shall inform Buyer of its intention to demand a price increase due to the variation within two (2) weeks after the receipt by the Seller of the modified or canceled Purchase Order. Buyer need not give notice to Seller of Buyer's intention to claim a *Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
Change in Costs. In the event of a change to any Pass Through Cost, the Owner shall provide the Buyer with written evidence of such change.
Change in Costs. If prior to the first day of any Interest Period with respect to a Eurodollar Rate Loan, any Lender shall have determined (which determination shall be conclusive and binding upon the Borrower and the Guarantors) that: (i) by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period, or (ii) the Eurodollar Rate determined or to be determined for such Interest Period will not adequately and fairly reflect the cost to such Lender or its Eurodollar Lending Office of maintaining its Eurodollar Rate Loan during such Interest Period, then such Lender shall give facsimile or telephone notice thereof to the Borrower as soon as practicable thereafter. If such notice is given, the interest rate on each Bridge Loan for such Interest Period and for each subsequent Interest Period until such Lender gives notice to the Borrower otherwise shall equal the sum of the Base Rate plus the Applicable Margin.
Change in Costs. Through the term of this Agreement, the Hospitals will continue to pay the same percentage of the costs (based on premiums or premium equivalents) for coverage under the Health Plans (HCA PPO Plans) and of the costs (based on premiums or premium equivalents) of the HMO (or equivalent) for Employees.
Change in Costs. 44.3.1 In relation to any Change in Costs arising from a Qualifying Change in Law other than QCIL Capex Costs, the Authority shall be responsible for the Authority's Share as provided under limb (c) of the definition of Authority's Share.
Change in Costs. 18.1 If at any time or times prior to the obligations of the Borrower under the Finance Documents having been fully and finally discharged -
Change in Costs. In the event of a change to any Pass Through Cost, the Owner shall provide the Buyer with written evidence of such change. INDEPENDENT ASSESSMENT TEAM 24 Final Version Sundance C Power Purchase Arrangement
