Change in Law Adjustments i. The Fee shall be increased (or decreased) by one hundred percent (100%) of the increase (or decrease) or incremental increase (or incremental decrease), as the case may be, in the demonstrable costs (i.e., on any direct or indirect cost, whether fixed or variable) associated with the change in the manner or nature of conducting Solid Waste Handling services necessitated by a Change in Law. A Change in Law Adjustment shall be effective on and after the actual date of the change in operations which resulted from the Change in Law, but, absent the consent of the Manager, not sooner than the effective date of the Change in Law. In no event shall any Change in Law Adjustment be effective prior to the City's approval of an amendment to the Franchise Agreement.
Change in Law Adjustments. Company may pass through the rates for Services as a result of increases in costs incurred by Company due to (a) changes in local, state, federal or international rules, ordinances or regulations; (b) changes in taxes, fees or other governmental charges (other than income or real property taxes); (c) uncontrollable prolonged operational changes (i.e., a major bridge closure).
Change in Law Adjustments. The rates set forth in Exhibit "A" shall be fixed for the initial first year term of this Contract, except that during the first year and during any subsequent year of the term, rates may be adjusted to compensate Company for any change in Governmental laws, ordinances, regulations, assessments, fees or taxes (“Changes In Law”) or Force Majeure events that require Company to incur additional costs in the performance of services pursuant to this Contract, including increases in disposal fees due to such Changes in Law. In the event that any of the above events occur, Company shall determine the amount of rate adjustment required to compensate Company for the additional, fully justifiable costs and shall petition the City for approval of the rate adjustment. However, such rate increase shall be discretionary by the City. Company agrees to continue solid waste collection and disposal services during any dispute, with the City, if any, until any dispute is resolved, and the City and Company agree to adjusted rates of compensation.
Change in Law Adjustments. 14 SECTION 7.04.
Change in Law Adjustments. (a) If any Change in Law shall result in an increase or decrease in the cost to PJP of operating and/or maintaining the Facilities (other than to the extent such increases or decreases are allocable to sales of electricity or electric capacity to third parties), then the Capacity Charge, the Fixed O&M Charge, the Variable O&M Charge and/or the Fuel Charge, as the case may be, shall be equitably adjusted to reflect such increase or decrease. PJP and PTFI shall make good faith efforts to agree on an equitable adjustment ("CIL Adjustment") to the components of the Capacity Charge, the Fixed O&M Charge, the Variable O&M Charge and/or the Fuel Charge, as the case may be, such that, after giving effect to such CIL Adjustment, PJP will be in the same financial position (except to the extent of any amounts borne by PJP pursuant to Section 7.03(d)) that it would have been had such Change in Law not occurred; provided that no such CIL Adjustment or Tax Adjustment (as defined in Section 7.03(b)) shall result in a reduction of the Debt Component of the Capacity Charge (other than with respect to any reduction in withholding taxes or similar amounts included in the Debt Component of the Capacity Charge). If PJP and PTFI, after making good faith efforts, are unable to agree on a CIL Adjustment within thirty (30) days after any adjustment is proposed by either party, the issue shall be submitted for resolution pursuant to Section 19.07.
Change in Law Adjustments. In addition to the adjustments set forth in Subsection (c)(1), Franchisee may request an adjustment to Franchisee’s Service Fees where a change in Applicable Law, other than a change to the gate fees charged at the Designated Disposal Facility, results in an increase in Franchisee’s Direct costs. Franchise may request Service Fee adjustments made under this subsection at any time during the course of a Contract Year; provided, however, that Franchisee may not request more than one adjustment due to changes in law per Operating Year. For the purposes of this subsection “Operating Year” will mean the 12-month period immediately preceding or following the requested adjustment. In its application for a Service Fee adjustment based on a Change in Law, Franchisee must include a statement of the amount of the requested adjustment, the basis therefore, and all financial and other records on which Franchisee relies for its claim that Franchisee’s Direct Costs have increased. The Director will review Franchisee’s Service Fee application and notify Franchisee if it is complete or whether the Director wishes to review and/or audit any additional documents or information reasonably related to the requested increase before submitting the matter to the County Board for their consideration. The Board will review and consider the requests within a reasonable period of time after the complete submittal by Franchisee and after County has had a reasonable period of time to request, review, and audit any applicable financial records of Franchisee and/or its Affiliates. The Board may grant Franchisee’s requested Service Fee adjustment or, based on the information presented, may increase or decrease Franchisee’s Service Fees in amounts different from Franchisee’s request. The adjusted Service Fees, if approved, will go into effect thirty (30) days after such approval or at such other time as established by the Board.
