Determining the Average and Changes to Indices Sample Clauses

Determining the Average and Changes to Indices. The indices utilised in the Indexation Formula set out in Clause 6 of Section 1 or elsewhere in this Agreement shall be determined in accordance with the following provisions of this Clause 8.02, unless otherwise agreed between the Parties. A Electricity, Fuel Oil, Private Sector Earnings and Retail Price Index (a) Each average referred to in the definitions of E2, HSFO2, RPI2 and PSE2 (as such terms are defined in Clause 6.2 of Section 1) shall be calculated by dividing the sum of quotations published or made available for the period in question by the number of such quotations published or made available for such period. (b) If any part of the Indexation Formula ceases to be published or made available, INEOS and the Shippers Operator shall consult to agree upon the substitution of a new index or indices matching as closely as possible the characteristics of such part of the Indexation Formula. (c) If INEOS and the Shippers Operator fail to agree on a substitute index or indices within four (4) months of the cessation of any part of the Indexation Formula either Party may refer the matter to Expert for resolution. (d) In the event that the base and/or weightings of any part of the Indexation Formula are changed then: (i) For as long as the index on the immediately preceding base and weightings is deemed by INEOS to be applicable, acting reasonably and in good faith in order to exclude the application of superseded datasets, such index or such immediately preceding base and weightings shall be used to escalate the tariff. (ii) From the time that the index on the immediately preceding base and weightings is deemed by INEOS to no longer be applicable, acting reasonably and in good faith in order to exclude the application of superseded datasets, the index on the new base and/or weightings shall be used, save that the value of RPI1 or PSE1 (as the case may be) in the Indexation Formula shall be revised at the same time by utilising the average of the new index values published or made available for the time period referred to in the definition of RPI1 or PSE1 (as the case may be). In the event that index values for the said time period are not published or made available for the new base and weightings on the date that index values on the immediately preceding base and weighting stop being published or made available, then the value of RPI1 or PSE1 (as the case may be) shall be revised by multiplying it by a conversion factor. The conversion factor shall be ...