Cost-Plus Pricing Clause Samples

Cost-Plus Pricing. In the event and to the extent Contractor becomes aware during actual Site Construction that a Site requires additional work that was both unforseen and materially exceeds the Work contemplated in the price for Site Construction for such Site (as determined pursuant to Section 7.1 above), such additional work will be invoiced on the basis of Cost-Plus Pricing in accordance with Section 1.2 (d) above. Notwithstanding the foregoing, Contractor will not, without Owner's prior written approval, incur costs related to any additional work which would result in an aggregate increase exceeding $1,500.00 of the Site Construction price (as determined pursuant to Section 7.1 above) for any Site.

Cost-Plus Pricing. Man, in its sole discretion, may offer fixed price quotes for Molasses to be shipped pursuant to a Purchase Commitment during a specific time frame to specific Feed Facilities based upon Man’s direct and indirect costs of storing, maintaining, transporting, and delivering the subject Molasses to the applicable Feed Facility, plus [.*.*.*.] per short ton, if the subject Molasses was produced in Louisiana, or [.*.*.*.] per short ton, if the subject Molasses was produced outside Louisiana (the “Cost Plus Pricing Mechanism”). If Man’s fixed price quote with respect to a particular Purchase Commitment, time frame and Feed Facility using the Cost Plus Pricing Mechanism is accepted by Westway, the Purchase Price for such Purchase Commitment, time frame and Feed Facility will be the price so quoted and mutually agreed.

Cost-Plus Pricing. Not applicable. ***** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.

Cost-Plus Pricing. In the event and to the extent A & E Work for a Non-Standard Site exceeds the Work required for a Standard Site, the price for such additional A & E Work will be invoiced on a Cost-Plus Pricing basis in accordance with Section 1.2 (d) above, with the "Cost" portion of such additional A & E work to be determined as follows: (i) Contractor will solicit and provide Owner three (3) competitive firm fixed price bids detailing the scope, pricing and schedule for such additional A & E work and Contractor and Owner will mutually agree as to the bid to accept; or (ii) In the event the competitive bidding process described in paragraph (i) above is not practical, then upon Owner's request, an independent assessment of Contractor's price proposal for such additional A & E work will be conducted by a qualified third party that has been mutually selected by Contractor and Owner (hereinafter referred to as "A & E Consultant"). In the event and to the extent such A & E Consultant rejects Contractor's proposal (in whole or in part), Contractor will revise such proposal in accordance with the A & E Consultant's reasonable determination and resubmit its proposal. In such event, the scope of work, schedule and price for such additional A & E services shall be as reasonably determined by such A&E Consultant. The cost of such A & E Consultant shall be paid by Owner as a Permitted Reimbursable Expense pursuant to Section 1.2 (e) above. (iii) In addition, the provisions of Sections 1.2 (e) and 1.2 (f) above shall apply to any Permitted Reimbursable Expense or Pass-Through Expense, as applicable.

Cost-Plus Pricing. Cost is defined as the actual cost the Contractor pays the supplier for goods or services the State orders, minus any applicable taxes. Only costs specifically detailed in the billing statement, quote, or invoice from the supplier will be subject to the cost-plus percentage detailed on Contract. If a quote is issued, the invoice price cannot exceed the quoted price.

Cost-Plus Pricing. Unless otherwise agreed between the Parties in writing, for Orders meeting or exceeding a minimum quantity of 5,000 pieces, the Prices will equal the sum of (x) the Costs (defined below) of such Liquidmetal Products per Order, plus (y) [*****]% (such percentage, the “Manufacturing Fee”). For orders that do not meet or exceed such minimum quantity, the Parties shall negotiate a commercially reasonable price. The “Costs” shall only include, without duplication, the costs and expenses actually incurred by Yihao in connection with the manufacture and packaging of Liquidmetal Products for each Order, including costs and expenses in the following categories:

Cost-Plus Pricing. DPI will perform all drilling and completion services and furnish all drilling equipment and supplies for the Project W▇▇▇▇ in accordance with this Agreement at a cost to the Program (the “JOA Price”) equal to 130% of its proportionate share of their AFE, as determined by DPI on a field-wide basis, subject to proportionate reduction by the amount of Participating Interests.