Charges – Adjustment Sample Clauses

Charges – Adjustment a) Adjustment of charges in relation to previous years The Vendor shall personally attend to the adjustment of charges for previous years. b) Adjustment of charges non-recoverable from Tenants for the current year Non-recoverable charges likely to arise, as the case may be, due to legal or regulatory provisions and contractual stipulations shall be divided pro rata temporis between the Parties, namely: - the non-recoverable charges for the period prior to the Sale shall be borne by the Vendor; - the non-rechargeable charges for the period after the Sale shall be borne by the Purchaser. Said allocation shall be made directly between the Parties concomitantly with the adjustment of rechargeable rental charges. The Parties shall come together at the end of the year to jointly determine the amount of non-rechargeable charges and payments to be made in order to comply with the aforementioned time apportionment allocation rule. c) Adjustment of charges recoverable from Tenants for the current year A table has been drawn up by the Vendor and relevant to the date hereof, presenting a calculation of interim payments for charges and work collected from the Tenant since 1 January of the current year less the recoverable expenditure paid or to be paid by the Vendor for the same period, as well as the associated supporting documents.
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Charges – Adjustment. In addition to its other rights under this section to increase the Charges in certain specified circumstances, Provider shall be entitled to increase the Recurring Charges for any Services following the expiry of the Initial Term or Renewal Term for the Services in question by serving not less than thirty (30) days written notice on the Customer. In the event that the Customer does not wish to pay the increased Recurring Charges then it shall within fifteen days of receipt of the relevant notice from Provider serve three months written notice to terminate the provision of the Services in question. During that notice period, the Recurring Charges for the Service in question shall not include the increase proposed by Provider which resulted in the Customer electing to terminate the provision of that Service. Where any Charges are stated to be based on the volume of the Customer’s use of a Service then Provider shall be entitled to vary such Charges at any time in accordance with the relevant SA, OF, SOW or Service Definition to reflect the actual use of that Service by the Customer from time to time. More generally, Customer acknowledges that the Charges agreed in the Agreement and/or relevant SA, OF, SOW are specific to the exact Services, volumes, locations and time frames and conditions quoted at the time of execution of the applicable SA, OF or SOW. Such Charges are also based on the assumption that there will be no increase in the costs to Provider generally of providing such Services (including without limitation increase as a result of changes in Legal Requirements, increase in rent, rates, taxes, electricity and any utility charges). Therefore if Customer significantly delays, changes, or expedites the Services, volumes, locations and time frames for installation, or in the event of any subsequent increase in the costs to Provider of providing such Services, Provider reserves the right to adjust the Non-Recurring Charges, and/or Recurring Charges associated with the Services at issue to reflect such increase. If any Service is to include any circuit installation or network connectivity to any Customer Equipment or Customer premises and such technology is found to be unavailable at that site or if the installation Charges may be higher than those specified in the relevant SA, OF or SOW due to circumstances or issues not originally contemplated by the parties at the date such Charges were agreed, the Customer shall pay all reasonable costs incurred by ...
Charges – Adjustment. Notwithstanding the foregoing, xxxx reserves the right to adjust the Charges during the Initial Term and/or the Term, and to communicate this to the Customer in writing with at least one month's notice. Charges’ changes may arise, including but not limited to price adjustments of the individual shipping service providers, an increase or changes in wage and labour agreements. In addition, xxxx reserves the right to apply an inflation adjustment to all non-shipping related costs once a quarter, based on the consumer price index (CPI) of the corresponding country. In the above cases, the Customer has a special right of termination, which he can make use of within 14 days after being informed about the Charges‘ increase. After this period, the Charges‘ increase is deemed to be agreed. It is agreed that changes to fuel surcharges and other dynamic surcharges, as well as storage charges as indicated in the Offer are excluded from this special right of termination, since they are agreed to be dynamic in nature and can change at any time without notice from xxxx to the Customer: - The agreed storage charges to be invoiced to the customer by xxxx in relation with the Services shall be revised on a monthly basis by xxxx, based on a ratio of inventory quantity held across warehouses divided by total forecasted weekly volume based on historical performance of the last three (3) months, as further detailed under the following link (hereinafter referred to as the “Ratio”). The calculation of the Ratio is done monthly by xxxx. - Based on the calculation of the Ratio under the following link, in case the Ratio: - is equal or higher than twenty-four (24) weeks in any given monthly calculation, xxxx shall be allowed to increase the storage charges of the current month up to one hundred percent (100%). - is equal or higher than twenty-four (24) weeks consecutively for 12 months, on top of the last invoiced amount, xxxx shall charge to the Customer 10 EUR / 10 GBP, as applicable per pallet per month and 5 EUR / 5 GBP, as applicable, per shelf per month. - Notwithstanding the foregoing, it is agreed between the Parties that xxxx shall not revise (by increasing or decreasing) the agreed Charges of the above-mentioned Services, including the charges for storage, during the first six (6) months of the Services. This means that the Ratio will only be used as of the beginning of the seventh month after the Delivery Date. Should the Customer wish to request a Charges‘ review by xxxx...

Related to Charges – Adjustment

  • Tax Adjustment Tenant shall pay, as Additional Charges, an amount (hereinafter referred to as the “Tax Adjustment Amount”) equal to Tenant’s Expense Share of the amount of Taxes incurred with respect to each Lease Year; except that Tenant shall be required to pay only a pro rata amount of the Tax Adjustment Amount for the Lease Years in which the first and last days of the Term occur pro rated on a per diem basis. Tenant shall not, however, have any right to audit Landlord’s books and records pertaining to Taxes. The Tax Adjustment Amount with respect to each Lease Year shall be paid in monthly installments in advance on the first day of each and every calendar month during such Lease Year, commencing on the Commencement Date, in an amount estimated from time to time by Landlord and communicated by written notice to Tenant. Following receipt of actual tax bills, Landlord shall deliver to Tenant a statement setting forth (i) the actual Tax Adjustment Amount for such Lease Year; (ii) the total of the estimated monthly installments of the Tax Adjustment Amount paid to Landlord for such Lease Year; and (iii) the amount of any excess or deficiency with respect to such Lease Year. Tenant shall pay any deficiency to Landlord as shown by such statement within 30 days after receipt of such statement. If the total of the estimated monthly installments paid by Tenant during any Lease Year exceeds the actual Tax Adjustment Amount due from Tenant for such Lease Year, at Landlord’s option such excess shall be either credited against payments next due hereunder or refunded by Landlord, provided Tenant is not then in default hereunder.

  • CPI Adjustment At the end of the first Lease year (as hereinafter defined) and every Lease year thereafter (including any renewal periods) the Base Rental provided for in Paragraph 3 above shall be adjusted by adding to Base Rental the "Add-on Factor". The one (1) year periods are each hereinafter referred to as an "Adjustment Period". As used herein, the "Add- on Factor" shall mean the "Add-on Sum" minus "Net Base Rental"; "Add-on Sum" shall mean a sum determined by multiplying the "Net Base Rental" by the "Adjustment Factor"; "Net Base Rental" shall mean the Base Rental described above minus Initial Basic Cost, and "Adjustment Factor" shall mean a fraction, the numerator of which is the "CPI" published immediately preceding the applicable anniversary date and the denominator of which is the "CPI" published immediately preceding the commencement date of the term of this Lease. "CPI" shall mean the United States Average (1982-84 '" 100), as published bi-monthly (or if the same shall no longer be published bi-monthly, on the most frequent basis available) by the Bureau of Labor Statistics, U.S. Department of Labor (but if such is subject to adjustment later, the later adjusted index shall be used). The Adjusted Rental shall be the new Base Rental of the Premises effective as of the first day of the applicable Adjustment Period. Notwithstanding the foregoing calculation, the yearly percentage rent adjustment pursuant to this Paragraph 9 shall in no event be less than FIVE percent (5%) per year. Tenant shall continue payment of the Base Rental in effect for the expiring Adjustment Period until notified by Landlord of any increase in such Base Rental. Such notification shall include a memorandum showing the calculations used by Landlord in determining the new Base Rental. On the first day of the calendar month immediately succeeding receipt of such notice, Tenant shall commence payment of the new Base Rental spedfied in the notice, and shall also pay to Landlord with respect to the month(s) already expired, the excess of the required monthly rentals spedfied in the notice over the monthly amounts actually paid by Tenant.

  • True-Up Adjustments From time to time, until the Retirement of the Recovery Bonds, the Servicer shall identify the need for True-Up Adjustments and shall take all reasonable action to obtain and implement such True-Up Adjustments, all in accordance with the following:

  • Fee Adjustment Fees as provided in this Agreement to be charged to residents of Joplin and the City pursuant to this Agreement may be adjusted based upon the AARC's change in costs subsequent to the previous adjustment. Any individual fee increases will be adjusted only to the extent of an increase in the Consumer Price Index (St. Louis -All Urban Consumers), utilizing the December 12 month period index from the previous year. If a fee increase request is in excess of the Consumer Price Index the city may request to review data on actual costs of each service if needed to document cost increases. In the event an adjustment to documented cost is warranted, AARC shall provide written notice thereof with supporting documentation, by no later than May 1 of each year. All increases shall be subject to annual appropriation by the Joplin City Council. City shall have thirty (30) days to review and request additional supporting documentation. In the event the parties are unable to agree to the cost adjustment, either party shall be entitled to terminate this Agreement as provided herein.

  • Year-End Adjustment If necessary, on or before the last day of the first month of each fiscal year, an adjustment payment shall be made by the appropriate party in order that the amount of the investment advisory fees waived or reduced and other payments remitted by the Adviser to the Fund or Funds with respect to the previous fiscal year shall equal the Excess Amount.

  • Tax Adjustments The Company may make such reductions in the Purchase Price, in addition to those required by Sections 3, 4, 5, 6, 7 and 8, as the Board of Directors considers to be advisable to avoid or diminish any income tax to holders of Common Stock or rights to purchase Common Stock resulting from any dividend or distribution of stock (or rights to acquire stock) or from any event treated as such for income tax purposes.

  • Cost Adjustments Both parties agree that contracted prices shall be fixed for the first 12 months of this Contract. Contractor must submit to District any proposed cost adjustments at least 60 days before the proposed effective date of such increases with a detailed explanation for each adjustment. District alone reserves the right to reject any changes to this Contract it deems unacceptable.

  • Purchase Price Adjustment (a) Within 90 days following the Closing, the Buyer shall prepare and deliver, or cause to be prepared and delivered, to the Seller a statement (the “Closing Schedule”) setting forth: (i) the Buyer’s determination of the actual amounts of (A) the Adjustment Amount, including the Final Adjustment Amount Overage or the Final Adjustment Amount Underage (the “Final Adjustment Amount”), and (B) the Seller Indebtedness Amount, in each case as of 12:01 a.m. Eastern Time on the Closing Date without taking into account any of the transactions to be completed on the Closing Date in accordance with the terms of this Agreement; (ii) a calculation of any adjustments to the Closing Payment based on such calculations (the adjusted Closing Payment as a result of such calculation being the “Final Closing Payment”); and (iii) a calculation of the accounts receivable contained in the Preliminary Adjustment Amount that were not collected by Buyer within the thirty (30) days immediately following the Closing and the accounts receivable existing at the Closing but not taken into account in calculating the Adjustment Amount (the “Excluded AR”). (b) Within fifteen (15) days after delivery of the Closing Schedule, the Seller may deliver a notice to Buyer either: (i) concurring with the Closing Schedule (a “Notice of Concurrence”); or (ii) disagreeing therewith (a “Notice of Disagreement”). If the Seller delivers a Notice of Disagreement, then it shall be accompanied by the Seller’s proposed revisions to the Closing Schedule. If the Seller fails to deliver any notice within such 15-day period, the Seller shall be deemed to have delivered a Notice of Concurrence. (c) If a Notice of Concurrence is delivered or deemed delivered, and if the Final Closing Payment is less than the Closing Payment, the Buyer shall be entitled to payment out of the Royalty Consideration in the full amount of such shortfall. If a Notice of Concurrence is delivered or deemed delivered, and the Final Closing Payment is greater than the Closing Payment, Buyer shall pay to the Seller the full amount of such excess (with such payment being in shares of Buyer Common Stock priced at $1.50 per share) within thirty (30) days of the delivery of the Notice of Concurrence. (d) If a Notice of Disagreement is delivered, then the Seller and the Buyer shall, during the 15-day period following such delivery (the “Negotiation Period”), use commercially reasonable efforts to agree on the Final Adjustment Amount. If, during such period, the Seller and the Buyer are unable to reach agreement, they promptly shall engage a nationally recognized certified public accounting firm reasonably acceptable to each such party (the “Independent Auditor”) to resolve the disagreement, and any such resolution shall be final, conclusive and binding upon the parties hereto, absent fraud or manifest error. To the extent the Final Closing Payment as determined by the Independent Auditor is less than the Closing Payment, the Buyer shall be entitled to payment out of the Royalty Consideration in the full amount of such shortfall. To the extent the Final Closing Payment as determined by the Independent Auditor is more than the Closing Payment, the Buyer shall pay to the Seller the full amount of such excess (with such payment being in shares of Buyer Common Stock priced at $1.50 per share) within thirty (30) days of such resolution. (e) Each of the Seller and the Buyer shall pay fifty percent (50%) of the fees and expenses of the Independent Auditor.

  • Payment Adjustments The Monthly Capitation Payments shall be adjusted for a period not to exceed twenty-four (24) months prior to the Monthly Capitation Payment to reflect corrections to the Enrollee Listing Report. Payments will be adjusted to reflect the automatic enrollment of eligible newborn infants. At such time that Kentucky HEALTH is live, a delivery payment will be paid on the eighth (8th) day of the month for the previous month’s claims. Claims for payment adjustments shall be deemed to have been waived by the Contractor if a payment request is not submitted in writing within twelve (12) months following the month for which an adjustment is requested. Waiver of a claim for payment shall not release the Contractor of its obligations to provide Covered Services pursuant to the Contract. In the event that an Enrollee is eligible and enrolled, but does not appear on the Enrollee Listing Report, the Contractor may submit a payment adjustment request. The Contractor shall submit the request in accordance with Appendix D “Reporting Requirements and Reporting Deliverables” for automated reporting requirements. In the event that an Enrollee is eligible and enrolled and the Contractor believes the Capitation Payment was in error due to underpayment, overpayment, or duplicate payment, the Contractor may submit a payment adjustment request. The Contractor shall submit the request in accordance with Appendix D “Reporting Requirements and Reporting Deliverables” for automated reporting requirements. In the event that an Enrollee does not appear on the Enrollee Listing Report, but the Department has paid the Contractor for an Enrollee, the Department may request and obtain a refund of, or it may recoup from subsequent payments, any payment previously made to the Contractor. In the event an Enrollee appears on the Enrollee Listing Report but is determined to be ineligible, the Department may request and obtain a refund of, or it may recoup from subsequent payments, any payment previously made to the Contractor. In such instances, for each Enrollee that is determined to be ineligible, the Contractor may recover payment from any Provider who rendered services to Enrollee during the period of ineligibility. The entity to which the Enrollee is retroactively added shall assume responsibility for payment of any services provided to Enrollees during the period of adjusted eligibility. For cases involving Enrollee ineligibility due to Fraud, Waste, and Abuse, the Department shall only recoup the Capitation amount and the Contractor shall establish procedures pursuant to Section

  • Price Adjustment Civil works contracts of long duration (more than 18 months) shall contain an appropriate price adjustment clause.

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