Common use of Escalation/De-escalation Clause Clause in Contracts

Escalation/De-escalation Clause. All prices set forth in Attachment B shall be firm against any increase for the applicable performance period and any transition period for this Agreement. 14.1 Thirty days (30) days prior to end of the applicable performance period and before any vote by the elected School Board on the renewal of this Agreement, the District may entertain a request from the Contractor for the escalation (increase) in the price listed in Attachment B in any subsequent period. The basis for this price increase request will be a cost increase to the Contractor that exceeds ten percent (10%) of the price listed in Attachment “A” of this Agreement. 14.2 Contractor shall provide supporting documentation for price increase requests. Contractor may provide to the District a letter from the manufacturer or supplier on the manufacturer’s/supplier’s letterhead with an authorized signature and date, confirming the Contractor’s increased cost. The letter shall state the current manufacturer’s/supplier’s price along with the manufacturer’s/supplier’s increased price. Contractor may also include in their request evidence of price impacts on any component of contract delivery including but not limited to materials, transportation, labor, unforeseen statutory or regulatory mandates, or other impacts. Inclusion by Contractor does not guarantee an approved price adjustment. The District shall have the right to require additional documentation and evidence from the Contractor pertaining to the requested increase, and the Contractor must comply with any District request. 14.3 In response to a request for a price increase, the District may agree to the price increase requested by the Contractor, the District may agree to a price increase in some amount but less than the amount requested by the Contractor, the District may decline to approve any price increase, or the District may decide to no longer order the product from Contractor. Any changes to the goods ordered and the price set forth in Attachment B of this Agreement may only be accomplished though the execution of a new written agreement between the District and the Contractor or through a written modification to this Agreement, to the extent allowed by Georgia law. Any such written agreement or written modification to this Agreement must be recommended by the Director of the School Nutrition Program, and the Superintendent, or her designee, to the District’s governing body, the elected School Board, and subsequently approved by the elected School Board. Any price changes will go into effect as provided in any such written agreement or written modification to this Agreement approved by the School Board. 14.4 The District recognizes extreme market conditions may adversely impact other aspects of contract performance aside from pricing. The District will consider Contractor documentation relating to delivery times and schedules, labor shortages, and other non-price related terms and conditions. Contractor shall have the affirmative and proactive responsibility to address any non-price issue in advance of the performance issue or immediately upon discovery. Any contractor who does not raise and document these issues and receive written District approval for any changes to the Agreement performance expectations shall be held accountable to the original terms of the Agreement.

Escalation/De-escalation Clause. All prices set forth in Attachment B shall be firm against any increase for the applicable performance period and any transition period for this Agreement. 14.1 10.1 Thirty days (30) days prior to end of the applicable performance period and before any vote by the elected School Board on the renewal of this Agreement, the District may entertain a request from the Contractor for the escalation (increase) in the price listed in Attachment B in any subsequent period. The basis for this price increase request will be a cost increase to the Contractor that exceeds ten percent (10%) of the price listed in Attachment “A” of this Agreement. 14.2 10.2 Contractor shall provide supporting documentation for price increase requests. Contractor may provide to the District a letter from the manufacturer or supplier on the manufacturer’s/supplier’s letterhead with an authorized signature and date, confirming the Contractor’s increased cost. The letter shall state the current manufacturer’s/supplier’s price along with the manufacturer’s/supplier’s increased price. Contractor may also include in their request evidence of price impacts on any component of contract delivery including but not limited to materials, transportation, labor, unforeseen statutory or regulatory mandates, or other impacts. Inclusion by Contractor does not guarantee an approved price adjustment. The District shall have the right to require additional documentation and evidence from the Contractor pertaining to the requested increase, and the Contractor must comply with any District request. 14.3 10.3 In response to a request for a price increase, the District may agree to the price increase requested by the Contractor, the District may agree to a price increase in some amount but less than the amount requested by the Contractor, the District may decline to approve any price increase, or the District may decide to no longer order the product from Contractor. Any changes to the goods ordered and the price set forth in Attachment B of this Agreement may only be accomplished though the execution of a new written agreement between the District and the Contractor or through a written modification to this Agreement, to the extent allowed by Georgia law. Any such written agreement or written modification to this Agreement must be recommended by the Director of the School Nutrition Program, and the Superintendent, or her designee, to the District’s governing body, the elected School Board, and subsequently approved by the elected School Board. Any price changes will go into effect as provided in any such written agreement or written modification to this Agreement approved by the School Board. 14.4 10.4 The District recognizes extreme market conditions may adversely impact other aspects of contract performance aside from pricing. The District will consider Contractor documentation relating to delivery times and schedules, labor shortages, and other non-price related terms and conditions. Contractor shall have the affirmative and proactive responsibility to address any non-price issue in advance of the performance issue or immediately upon discovery. Any contractor who does not raise and document these issues and receive written District approval for any changes to the Agreement performance expectations shall be held accountable to the original terms of the Agreement.

Escalation/De-escalation Clause. All prices set forth in Attachment B shall be firm against any increase for the applicable performance period and any transition period for this Agreement. 14.1 13.1 Thirty days (30) days prior to end of the applicable performance period and before any vote by the elected School Board on the renewal of this Agreement, the District may entertain a request from the Contractor for the escalation (increase) in the price listed in Attachment B in any subsequent period. The basis for this price increase request will be a cost increase to the Contractor that exceeds ten percent (10%) of the price listed in Attachment “A” of this Agreement. 14.2 13.2 Contractor shall provide supporting documentation for price increase requests. Contractor may provide to the District a letter from the manufacturer or supplier on the manufacturer’s/supplier’s letterhead with an authorized signature and date, confirming the Contractor’s increased cost. The letter shall state the current manufacturer’s/supplier’s price along with the manufacturer’s/supplier’s increased price. Contractor may also include in their request evidence of price impacts on any component of contract delivery including but not limited to materials, transportation, labor, unforeseen statutory or regulatory mandates, or other impacts. Inclusion by Contractor does not guarantee an approved price adjustment. The District shall have the right to require additional documentation and evidence from the Contractor pertaining to the requested increase, and the Contractor must comply with any District request. 14.3 13.3 In response to a request for a price increase, the District may agree to the price increase requested by the Contractor, the District may agree to a price increase in some amount but less than the amount requested by the Contractor, the District may decline to approve any price increase, or the District may decide to no longer order the product from Contractor. Any changes to the goods ordered and the price set forth in Attachment B of this Agreement may only be accomplished though the execution of a new written agreement between the District and the Contractor or through a written modification to this Agreement, to the extent allowed by Georgia law. Any such written agreement or written modification to this Agreement must be recommended by the Director of the School Nutrition Program, and the Superintendent, or her designee, to the District’s governing body, the elected School Board, and subsequently approved by the elected School Board. Any price changes will go into effect as provided in any such written agreement or written modification to this Agreement approved by the School Board. 14.4 13.4 The District recognizes extreme market conditions may adversely impact other aspects of contract performance aside from pricing. The District will consider Contractor documentation relating to delivery times and schedules, labor shortages, and other non-price related terms and conditions. Contractor shall have the affirmative and proactive responsibility to address any non-price issue in advance of the performance issue or immediately upon discovery. Any contractor who does not raise and document these issues and receive written District approval for any changes to the Agreement performance expectations shall be held accountable to the original terms of the Agreement.