Escalation of Charges Sample Clauses

Escalation of Charges. ‌ The Fixed Charges [and other amounts] in this Schedule 2 will be adjusted for changes in the CPI with effect on and from the first day of each Quarter in accordance with the formula. An = An−1 ×  CPIn    where:  n−1  An = the applicable adjusted Fixed Charge; An-1 = the applicable Fixed Charge at [insert relevant base reference date]; CPIn = the CPI published for the Quarter ending immediately before the Quarter preceding the Quarter of the relevant adjustment date; and CPIn-1 = the CPI published for the Quarter commencing [insert base Quarter reference].

Escalation of Charges. 55The Charges in force in terms of this Contract in terms of 39.2 or 39.3 as the case may be, shall further automatically increase on [date] (“the charge escalation date”) and thereafter on 1 July of each subsequent year or such other date as may be agreed between the Parties and the Lenders on the basis set out in the charge escalation formula annexed hereto marked Annexure F2. Should the charge adjustment date not occur on 1 July of any year, the relevant provisions of Annexure F2 shall be adjusted to take cognisance of such variation in dates. By no later than a date 6 (six) months prior to the end of the 5th (fifth) anniversary of the charge adjustment date, the Concessionaire and the Council shall meet at a mutually convenient date, venue and time in order to renegotiate, in good faith- the base charge applicable as from the 5th (fifth) anniversary of the charge adjustment date for the next ensuing 5 (five) year period of the Contract with due regard to the required debt service level ratios contained in the Financial Base Case to the extent that any repayment obligations under any Financing Agreement have not been discharged; and the basis on which such base charge is to be escalated during such next ensuing 5 (five) year period. In reviewing and renegotiating the base Charges applicable from the 5th (fifth) anniversary of the charge adjustment date for the next ensuing 5 (five) year period of the Contract and thereafter in respect of each subsequent 5 (five) year period the Parties will carry out a review consisting of - an analysis based on prices and Charges in force; an analysis of the whole cost structure of the Concessionaire; an analysis of the revenues obtained by the Concessionaire compared with the projections made in the Financial Base Case; an analysis of the performance of the Concessionaire and the Operator as evidenced by the records pertaining to the performance of the Concessionaire in terms of this Contract submitted to the Council by the Concessionaire and/or retained by the Council; determination of any appropriate modification (which must be of uniform application) to prices and Charges in force, provided that if the Parties are unable to reach agreement, in writing, within 30 (thirty) days of first having met in terms of 41.3 a panel of 3 (three) independent experts consisting of a representative from an independent firm of chartered accountants, an independent consulting engineer and an independent actuary will be jointly appoi...

Escalation of Charges. The Origin Detention Charge, the Hold Charge, the Release Charge, the Coal Car Storage Charge, and other charges by the Railroad shall be adjusted annually on January 1 of each calendar year during the term of this Agreement by a portion of the percentage change in the Rail Cost Adjustment Fac- tor without the adjustment for productivity ("RCAFU"), as published by the Association of American Rail- roads, by comparing the RCAFU for the first quarter of the current calendar year to the RCAFU for the first quarter of the previous calendar year; provided, however, that no such charge shall be reduced to an amount that is less than the amount of such charge set forth in this Annex A. Unless Buyer notifies Seller in writing of a lower minimum tonnage requirement, the minimum tons loaded per Coal Car shall be 115 tons multiplied by the number of Coal Cars in the Unit Train ("Min- imum Tonnage Requirement"), provided that each Coal Car in the Unit Train has sufficient available ca- pacity at the time of loading to accommodate 115 tons. If Xxxxx notifies Seller in writing of a maximum gross weight limit lower than 286,000 pounds, as provided in the paragraph below entitled "Maximum Gross Load Limit," the minimum tons loaded per Coal Car shall be automatically lowered on a proportion- ate basis. The tons upon which transportation charges are paid are accrued to Buyer’s Minimum Ton- nage Requirement under the applicable transportation contract. Seller shall reimburse Buyer for any charges actually incurred by Xxxxx and paid to the Railroad as a result of Seller's failure to satisfy the Minimum Tonnage Requirement for any Unit Train.

Escalation of Charges. Effective as of January 1, 1996, and effective each January 1 thereafter during the Term, the Minimum Monthly Charge and the Excess Throughput Charge shall each be increased, but not reduced, to an amount equal to the product of such charge times a decimal fraction, the numerator of which shall be the Price Index as of the day prior to such January 1 and the denominator shall be the Price Index as of December 31, 1994. The escalation calculation shall be made by Terminal Company at such date subsequent to the applicable January 1 as the Price Index as of the day prior to such applicable January shall be available. Upon completion of the escalation calculation, Terminal Company shall invoice User for all amounts in excess of the Minimum Monthly Charge or Excess Throughput Charge previously paid for all such months, or portions thereof, since the immediately preceding January 1 for which the escalation calculation was made. User shall pay Terminal Company interest at the ********** for all amounts in excess of the Minimum Monthly Charge or Excess Throughput Charge previously paid for all such months, or portions thereof, until such amounts are paid.

Escalation of Charges. Escalation of charges shall be an annual increase that is market related and based as a minimum on the changes in the Consumer Price Index (CPI) at the end of each anniversary of the Effective Date on the Agreement. The escalation annual charges must be agreed by both Parties.

Escalation of Charges. Effective as of the first day of the ********** Contract Year and effective as of the first day of each Contract Year thereafter and any Additional Term, the Minimum Monthly Charge shall be increase, but not reduced, to an amount equal to the sum of **********, if the adjusted Minimum Monthly Charge resulting from any such calculation represents a year-to-year increase of greater than ********** or an increase of more than ********** over any ********** period commencing with the ********** Contract Year, User may, at its option terminate this Agreement in accordance with the procedure below. Terminal Company shall not be required to increase the Minimum Monthly Charge to the full extent permitted by this Section. Effective as of the first day of the ********** Contract Year and effective as of the first day of each Contract Year thereafter, all Additional Services Charges shall be increased, or further increased as the case may be, to amounts equal to the product of the such Additional Services Charges prior to adjustment times a fraction having a numerator equal to the adjusted Minimum Monthly Charge and denominator equal to the Minimum Monthly Charge prior to adjustment. On or before the May 1 immediately prior to the first day of the ********** Contract Year, and on or before each May 1 thereafter, Terminal Company shall provide User with the Minimum Monthly Charge and all Additional Services Charges for the immediately following Contract Year. If the Minimum Monthly Charge increases by more than ********** for the next Contract Year or more than ********** over any ********** period commencing with the ********** Contract Year, User shall notify Terminal Company of its election to terminate this Agreement on or before the immediately following **********, and if User so elects, User shall remove all Commodities from the Terminal on or before the immediately following **********, and this Agreement shall terminate at the end of the then current Contract Year. The Total Variable Costs shall be subject to audit at User's sole cost and expense by an auditor from a mutually acceptable internationally recognized audit firm which is not the auditor for Terminal Company, User, or an affiliate of Terminal Company or User. The auditor shall verify each line item of the Total Variable Costs, but shall not provide User with detailed information with regard to such Total Variable Costs.

Related to Escalation of Charges

Calculation of Charges Contractor shall provide an invoice to the City on a monthly basis for goods delivered and/or Services completed in the immediate preceding month, unless a different schedule is set out in Appendix B, “Calculation of Charges.” Compensation shall be made for goods and/or Services identified in the invoice that the City, in his or her sole discretion, concludes has been satisfactorily performed. In no event shall the amount of this Agreement exceed [insert whole dollar amount in numbers and words -- no pennies and no “.00”]. The breakdown of charges associated with this Agreement appears in Appendix B, “Calculation of Charges.” A portion of payment may be withheld until conclusion of the Agreement if agreed to by both Parties as retainage, described in Appendix B. In no event shall City be liable for interest or late charges for any late payments. City will not honor minimum service order charges for any services covered by this Agreement.
Allocation of Charges There will not be any agreement or understanding between the Servicer and the Borrower (other than as expressly set forth herein or as consented to by the Administrative Agent), providing for the allocation or sharing of obligations to make payments or otherwise in respect of any Taxes, fees, assessments or other governmental charges; provided that it is understood and acknowledged that the Borrower will be consolidated with or treated as a disregarded entity of the Servicer for tax purposes.
COLLECTION OF CHARGES 16.1 A Sector Association may request the consent of the Administrator to collect charges due from Operators to the Administrator in respect of facilities under the charging scheme. 16.2 If a Sector Association wishes to collect charges due from an Operator to the Administrator under the charging scheme, the Sector Association may serve a notice in writing on the Administrator by the last working day in February in the calendar year in which the charges fall due. 16.3 A notice served under Rule 16.2 must specify the facilities in respect of which the Sector Association intends to collect charges, being not fewer than 50% of the facilities covered by an umbrella agreement. 16.4 Following receipt of the notice, the Administrator must: 16.4.1 consent to the Sector Association collecting charges; or 16.4.2 refuse consent to the Sector Association collecting charges, giving reasons for the decision. 16.5 If the Administrator consents to the Sector Association collecting charges the Sector Association must: 16.5.1 itemise charges separately in any invoices that it issues in respect of charges; 16.5.2 collect and remit all charges collected to the Administrator without deduction or set off by the last working day in September in each year; 16.5.3 prepare an annual report to the Administrator by the last working day in October in the year in which it has collected charges setting out which Operators it has collected charges from and which Operators have failed to pay charges due to the Sector Association. 16.6 A Sector Association must not actively pursue any outstanding charges after the last working day in September in any year in which they fall due. If a Sector Association receives charges after this date the Sector Association must accept the payment and remit this to the Environment Agency along with information identifying the Operator making the payment. 16.7 If a Sector Association fails to comply with any of its obligations under this Rule the Administrator may serve a notice on the Sector Association that consent to the Sector Association continuing to collect charges is withdrawn at the expiry of 20 working days from the date of the notice.
Payment of Charges (a) Subject to Section 5.2(b), each Credit Party shall pay and discharge or cause to be paid and discharged promptly all Charges payable by it, including (i) Charges imposed upon it, its income and profits, or any of its property (real, personal or mixed) and all Charges with respect to tax, social security and unemployment withholding with respect to its employees, (ii) lawful claims for labor, materials, supplies and services or otherwise, and (iii) all storage or rental charges payable to warehousemen and bailees, in each case, before any thereof shall become past due. (b) Each Credit Party may in good faith contest, by appropriate proceedings, the validity or amount of any Charges, Taxes or claims described in Section 5.2(a); provided, that (i) adequate reserves with respect to such contest are maintained on the books of such Credit Party, in accordance with GAAP; (ii) no Lien shall be imposed to secure payment of such Charges (other than payments to warehousemen and/or bailees) that is superior to any of the Liens securing payment of the Obligations and such contest is maintained and prosecuted continuously and with diligence and operates to suspend collection or enforcement of such Charges, (iii) none of the Collateral becomes subject to forfeiture or loss as a result of such contest, (iv) such Credit Party shall promptly pay or discharge such contested Charges, Taxes or claims and all additional charges, interest, penalties and expenses, if any, and shall deliver to Agent evidence reasonably acceptable to Agent of such compliance, payment or discharge, if such contest is terminated or discontinued adversely to such Credit Party or the conditions set forth in this Section 5.2(b) are no longer met, and (v) Agent has not advised Borrower in writing that Agent reasonably believes that nonpayment or nondischarge thereof could have or result in a Material Adverse Effect.
Maintenance, Etc The Company will maintain, preserve and keep, and will cause each Consolidated Subsidiary to maintain, preserve and keep, its properties which are used in the conduct of its business (whether owned in fee or a leasehold interest) in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements and renewals as the Company may determine to be appropriate to the conduct of its business.
BILLING AND PAYMENT OF CHARGES 8.1 Unless otherwise stated, each Party will render monthly bill(s) to the other for Interconnection, Resale Services, Lawful Unbundled Network Elements, Collocation, functions, facilities, products and services provided hereunder at the rates set forth in the applicable Appendix Pricing, as set forth in applicable tariffs or other documents specifically referenced herein and, as applicable, as agreed upon by the Parties or authorized by a Party. 8.1.1 Remittance in full of all bills rendered by SBC-10STATE and SBC CALIFORNIA is due within thirty (30) calendar days of each bill date (the “Bill Due Date”). Payment must be made in accordance with the terms set forth in Section 8.3 of this Agreement. 8.1.2 Remittance in full of all bills rendered by SBC NEVADA is due in accordance with the terms set forth in the Commission C2-A Tariff, with the date on which amounts are due referred to herein as the “Bill Due Date.” 8.1.3 Remittance in full of all bills rendered by SBC CONNECTICUT is due in accordance with the terms set forth in the Connecticut Access Service Tariff approved by the DPUC, with the date on which amounts are due referred to herein as the “Bill Due Date.” 8.1.4 Remittance in full of all bills rendered by CLEC is due within thirty (30) calendar days of each bill date (the “Bill Due Date”). 8.1.5 If CLEC fails to remit payment for any charges by the Bill Due Date, or if payment for any portion of the charges is received from CLEC after the Bill Due Date, or if payment for any portion of the charges is received in funds which are not immediately available to SBC-12STATE as of the Bill Due Date (individually and collectively, “Past Due”), then a late payment charge will be assessed as provided in Sections 8.1.5.1 through 8.1.5.3, as applicable. 8.1.5.1 If any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than the SBC SOUTHWEST REGION 5-STATE Customer Records Information System (XXXX) is Past Due, the unpaid amounts will accrue interest from the day following the Bill Due Date until paid at the lesser of (i) the rate used to compute the Late Payment Charge in the applicable SBC-8STATE intrastate access services tariff for that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of any SBC-8STATE billing system other than SBC SOUTHWEST REGION 5-STATE's XXXX will comply with the process set forth in the applicable SBC-8STATE intrastate access services tariff for that state. 8.1.5.2 If any charge incurred under this Agreement that is billed out of SBC SOUTHWEST REGION 5-STATE's XXXX is Past Due, the unpaid amounts will accrue interest from the day following the Bill Due Date until paid. The interest rate applied to SBC SOUTHWEST REGION 5-STATE XXXX-billed Past Due unpaid amounts will be the lesser of (i) the rate used to compute the Late Payment Charge contained in the applicable SBC SOUTHWEST REGION 5-STATE intrastate retail tariff governing Late Payment Charges to SBC SOUTHWEST REGION 5-STATE's retail End Users that are business End Users in that state and (ii) the highest rate of interest that may be charged under Applicable Law. The method and timing for application of interest to any charge incurred under this Agreement that is billed out of SBC SOUTHWEST REGION 5- STATE's XXXX will be governed by the SBC SOUTHWEST REGION 5-STATE intrastate retail tariff governing Late Payment Charges to SBC SOUTHWEST REGION 5-STATE's retail End Users that are business End Users in that state. 8.1.5.3 If any charge incurred under this Agreement that is billed out of any SBC MIDWEST REGION 5-STATE billing system is Past Due, the unpaid amounts will accrue interest from the Bill Due Date at the lesser of (i) one and one-half percent (1 ½%) per month and (ii) the highest rate of interest that may be charged under Applicable Law, compounded daily from the day following the Bill Due Date to and including the date that the payment is actually made and available.
Common Area Maintenance Landlord will maintain or cause to be maintained the Common Areas and Tenant will reimburse Landlord for Tenant’s prorata share of the cost of such maintenance as hereinafter provided. (a) Common area maintenance costs and expenses shall be determined in accordance with generally accepted accounting principles consistently applied and allocated to any particular calendar year on the accrual method of accounting. Such costs and expenses shall include, but shall not be limited to upkeep, exterior painting, repairs, replacements and improvements in the Common Areas, snow removal, sweeping and cleanup, depreciation allowance on any machinery and equipment owned by Landlord and used in connection therewith, utility services including fire line water service charges, premiums for public liability, property damage and fire insurance including the Common Areas, any real estate tax and/or tax consultant expense incurred for the purpose of maintaining equitable tax assessments on the Development, all property taxes or assessments levied or assessed against all Common Areas, which, if not separately assessed, shall be determined, for land, by the ratio of land area designated for Common Area use to the total land area in the Development and, for improvements, on a fair and equitable allocation among the various improvements in the Development, giving weight to the factors which determine the amount of the real property tax or assessment in question. In addition, such costs shall include administrative costs equal to ten percent (10%) of the total cost paid or incurred by Landlord under this paragraph. (b) Tenant shall pay as additional rent to Landlord, Tenant’s prorata share of such Common Area expenses in the following manner: (1) From and after the date the minimum rental provided for herein has commenced, but subject to adjustment as hereinafter in this subparagraph (1) provided, Tenant shall pay Landlord in advance on the first day of each calendar month during the term of this Lease an estimated and adjustable amount covering Tenant’s proportionate share of common area services and expenses, which amount may be adjusted by Landlord by notice to Tenant at the end of any calendar month on the basis of Landlord’s experience and reasonably anticipated costs. (See Lease Rider “A” Building Expenses attached hereto and incorporated herein.) (2) Within thirty (30) days following the end of each calendar year, Landlord shall furnish Tenant a statement covering the calendar year just expired, showing the total operating costs, the amount of Tenant’s prorata share of such Common Area expenses for such calendar year and the payments made by Tenant with respect to such calendar year as set forth in subparagraph (b) I. If Tenant’s prorata share of such Common Area expenses exceeds Tenant’s payments so made, Tenant shall pay Landlord the deficiency within ten (10) days after receipt of such statement. If said payments exceed Tenant’s prorata share of such Common Area expenses, Tenant shall be entitled to offset the excess against payments next thereafter to become due Landlord as set forth in said subparagraph (b) I. Tenant’s pro-rata share of the total Common Area expenses for the previous calendar year shall be that portion of all such expenses which is equal to the proportion which the number of square feet of gross leasable area in the Demised Premises bears to the total number of square feet of gross leasable area of buildings in the entire Development which are from time to time completed and occupied as of the commencement of each calendar year.
Operation and Maintenance Manuals Receipts for transmittal of Operation and Maintenance Manuals, Brochures and Data to the Design Professional (or Commissioning Agent) as required by Section 6.1.1.5.
Calculation of Overtime If the overtime work has been carried out before as well as after the regular working hours during a certain day, the overtime periods shall be added together. Only full half hours are included in the calculation.
Utility Charges Tenant shall pay or cause to be paid all charges for electricity, power, gas, oil, water and other utilities used in connection with the Leased Property.

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