Common use of Change in Fees Clause in Contracts

Change in Fees. Fees may be modified annually by CI Plus TA and CI Plus TA may make any such modification effective on April 15 of the following year, provided that (a) such modification shall be made in fair, reasonable and non-discriminatory way and (b) CI Plus TA shall notify Content Distributor of the detail of such modification by January 15 of then current year. In case of CI Plus TA’s failure to perform such notification, such modification shall be null and void ab initio. 4.2.1 Any increase in Fees shall not exceed an amount which is commensurate with any increase in CI Plus TA’s operational cost including but not limited to the cost of inflation. CI Plus TA shall use commercially reasonable efforts to reduce the Fees where costs decrease. 4.2.2 Without limiting other terms of Section 4.2, on December 31, 20120 and every third anniversary thereof, CI Plus TA may, at its option, adjust any or all of the Fees for inflation based on the change in the Harmonized Indices of Consumer Prices (HICP) of Euro Principal European Economic Indicators from January three years prior thereto to December of the then current year. CI Plus TA may make any such adjustment effective on April 15 of the following year. Adjustments under this Section 4.2.2 and modifications under Sections 4.2.1 shall be independent of one another, and not mutually exclusive.

Appears in 2 contracts

Samples: Content Distributor Agreement, Content Distributor Agreement

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Change in Fees. Fees may be modified annually by CI Plus TA and CI Plus TA may make any such modification effective on April 15 January 1st of the following year, provided that that (a) such modification shall be made in fair, reasonable and non-discriminatory way and and (b) CI Plus TA shall notify Content Distributor Licensee of the detail of such modification by January 15 December 1st of then the current year. In case of CI Plus TA’s failure to perform such notification, such modification shall be null and void ab initioineffective. 4.2.1 8.2.1 Any increase in Fees shall not exceed an amount which is commensurate with any increase in CI Plus TA’s operational cost including but not limited to the cost of inflation. CI Plus TA shall use commercially reasonable efforts to reduce the Fees where costs decrease. 4.2.2 8.2.2 Without limiting other terms of Section 4.28.2, on December 31, 20120 2015 and every third anniversary thereof, CI Plus TA may, at its option, adjust any or all of the Fees for inflation based on the change in the Harmonized Indices of Consumer Prices (HICP) of Euro Principal European Economic Indicators from January of three years prior thereto to December of the then current year. CI Plus TA may make any such adjustment effective on April 15 January 1st of the following year. Adjustments under this Section 4.2.2 8.2.2 and modifications under Sections 4.2.1 8.2.1 shall be independent of one another, and not mutually exclusive.

Appears in 1 contract

Samples: Ci Plus / Most Device Interim License Agreement

Change in Fees. Fees may be modified annually by CI Plus TA and CI Plus TA may make any such modification effective on April 15 of the following year, provided that (a) such modification shall be made in fair, reasonable and non-discriminatory way and (b) CI Plus TA shall notify Content Distributor of the detail of such modification by January 15 of then current year. In case of CI Plus TA’s failure to perform such notification, such modification shall be null and void ab initio. 4.2.1 Any increase in Fees shall not exceed an amount which is commensurate with any increase in CI Plus TA’s operational cost including but not limited to the cost of inflation. CI Plus TA shall use commercially reasonable efforts to reduce the Fees where costs decrease. 4.2.2 Without limiting other terms of Section 4.2, on December 31, 20120 2012 and every third anniversary thereof, CI Plus TA may, at its option, adjust any or all of the Fees for inflation based on the change in the Harmonized Indices of Consumer Prices (HICP) of Euro Principal European Economic Indicators from January three years prior thereto to December of the then current year. CI Plus TA may make any such adjustment effective on April 15 of the following year. Adjustments under this Section 4.2.2 and modifications under Sections 4.2.1 shall be independent of one another, and not mutually exclusive.

Appears in 1 contract

Samples: Content Distributor Agreement

Change in Fees. Fees may be modified annually by CI Plus TA and CI Plus TA may make any such modification effective on April 15 of the following year, provided that (a) such modification shall be made in fair, reasonable and non-discriminatory way and (b) CI Plus TA shall notify Content Distributor of the detail of such modification by January 15 of then current year. In case of CI Plus TA’s failure to perform such notification, such modification shall be null and void ab initio. 4.2.1 Any increase in Fees shall not exceed an amount which is commensurate with any increase in CI Plus TA’s operational cost including but not limited to the cost of inflation. CI Plus TA shall use commercially reasonable efforts to reduce the Fees where costs decrease. 4.2.2 Without limiting other terms of Section 4.2, on December 31, 20120 2010 and every third anniversary thereof, CI Plus TA may, at its option, adjust any or all of the Fees for inflation based on the change in the Harmonized Indices of Consumer Prices (HICP) of Euro Principal European Economic Indicators from January three years prior thereto to December of the then current year. CI Plus TA may make any such adjustment effective on April 15 of the following year. Adjustments under this Section 4.2.2 and modifications under Sections 4.2.1 shall be independent of one another, and not mutually exclusive.

Appears in 1 contract

Samples: Content Distributor Agreement

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Change in Fees. Fees may be modified annually by CI Plus TA LLP and CI Plus TA LLP may make any such modification effective on April 15 January 1st of the following year, provided that that (a) such modification shall be made in fair, reasonable and non-discriminatory way and and (b) CI Plus TA LLP shall notify Content Distributor Named Licensee of the detail of such modification by January 15 December 1st of then the current year. In case of CI Plus TALLP’s failure to perform such notification, such modification shall be null and void ab initioineffective. 4.2.1 8.2.1 Any increase in Fees shall not exceed an amount which is commensurate with any increase in CI Plus TALLP’s operational cost including but not limited to the cost of inflation. CI Plus TA LLP shall use commercially reasonable efforts to reduce the Fees where costs decrease. 4.2.2 8.2.2 Without limiting other terms of Section 4.28.2, on December 31, 20120 2012 and every third anniversary thereof, CI Plus TA LLP may, at its option, adjust any or all of the Fees for inflation based on the change in the Harmonized Indices of Consumer Prices (HICP) of Euro Principal European Economic Indicators from January of three years prior thereto to December of the then current year. CI Plus TA LLP may make any such adjustment effective on April 15 January 1st of the following year. Adjustments under this Section 4.2.2 8.2.2 and modifications under Sections 4.2.1 8.2.1 shall be independent of one another, and not mutually exclusive.

Appears in 1 contract

Samples: Ci Plus Device Interim License Agreement

Change in Fees. Fees may be modified annually by CI Plus TA and CI Plus TA may make any such modification effective on April 15 15January 1st of the following year, provided that (a) such modification shall be made in fair, reasonable and non-discriminatory way and (b) CI Plus TA shall notify Content Distributor of the detail of such modification by January 15 15December 1st of then current year. In case of CI Plus TA’s failure to perform such notification, such modification shall be null ineffective.]null and void ab initio. 4.2.1 Any increase in Fees shall not exceed an amount which is commensurate with any increase in CI Plus TA’s operational cost including but not limited to the cost of inflation. CI Plus TA shall use commercially reasonable efforts to reduce the Fees where costs decrease. 4.2.2 Without limiting other terms of Section 4.2, on December 31, 20120 2012 and every third anniversary thereof, CI Plus TA may, at its option, adjust any or all of the Fees for inflation based on the change in the Harmonized Indices of Consumer Prices (HICP) of Euro Principal European Economic Indicators from January three years prior thereto to December of the then current year. CI Plus TA may make any such adjustment effective on April 15 of the following year. Adjustments under this Section 4.2.2 and modifications under Sections 4.2.1 shall be independent of one another, and not mutually exclusive.

Appears in 1 contract

Samples: Content Distributor Agreement

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