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 ⎢ CPI ⎤ 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].
Sample 1See All (4)
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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. Minimum Tons per Coal Car 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.
Sample 1
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...
Sample 1
Escalation of Charges. NONE The staff rates are: No. Designation (or category) or name of staff member Rate per hour (excl. VAT)
Sample 1
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.
Sample 1
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.
Sample 1
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.
Sample 1
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Related to Escalation of Charges

  • Allocation of Charges There is not 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 the Servicer for tax purposes.

  • Payment of Charges All amounts chargeable to Borrower under Section 6 hereof shall be Obligations secured by all of the Collateral, shall be payable on demand and shall bear interest from the date such advance was made until paid in full at the rate applicable to Revolving Credit Loans from time to time.

  • TAX ESCALATION 32.01 Tenant shall pay to Landlord, as Additional Rent, tax escalation in accordance with this Article:

  • Escalation If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

  • Calculation of CP Costs On the third Business Day immediately preceding each Settlement Date, each Conduit shall calculate the aggregate amount of its Conduit Costs for the related Settlement Period and shall notify Seller of such aggregate amount.

  • OPERATION AND MAINTENANCE OF COMMON AREAS During the Term, Landlord shall operate all Common Areas within the Building and the Project. The term “Common Areas” shall mean all areas within the Building, Project and other buildings in the Project which are not held for exclusive use by persons entitled to occupy space.

  • Common Area Maintenance Subject to Articles Eleven and Twelve, Landlord shall maintain the Common Areas in good order, condition, and repair. Common Area Maintenance expenses (“CAM Expenses”) are all costs and expenses associated with the operation and maintenance of the Common Areas and the repair and maintenance of the heating, ventilation, air conditioning, plumbing, electrical, utility and safety systems (to the extent not performed by Tenant), including, but not limited to, the following: gardening and landscaping; snow removal; utility, water, sewage and property drainage services for the Common Area; maintenance of signs (other than tenants’ signs); worker’s compensation insurance; personal property taxes; rentals or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits routine maintenance and repair of roof membrane, flashings, gutters, downspouts, roof drains, skylights and waterproofing; maintenance of paving, (including sweeping, striping, repairing, resurfacing and repaving); general maintenance; painting; lighting; cleaning; refuse removal; security and similar items; reserves for roof replacement, exterior painting and other appropriate reserves; and a property management fee not to exceed five percent (5%) of building revenues. Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in CAM Expenses. With respect to any CAM Expenses which are included for the benefit of the Property and other property. Landlord shall make a reasonable allocation of such cost between the Property and such other property. CAM Expenses shall not include the cost of capital repairs and replacements; provided, however, that (a) the annual depreciation (based on the useful life of the item under generally accepted accounting principles) of any such capital repair or replacement to the Common Areas or the heating, ventilating, air-conditioning, plumbing, electrical, utility and safety systems serving the Property, shall be included in the CAM Expenses each year during the Lease Term; and (b) the cost of capital improvements undertaken to reduce CAM Expenses or made in order to comply with legal requirements shall be included in CAM Expenses each year during the term of this Lease.

  • Common Area Charges Tenant shall pay to Landlord, as additional rent, an amount equal to One Hundred percent (100.00%) of the total common area charges as defined below. Tenant’s percentage share of common area charges shall be paid as follows. Tenant’s estimated monthly payment of common area charges payable by Tenant during the calendar year in which the term commences is set forth in paragraph 4(b) of this lease. Prior to the commencement of each succeeding calendar year of the term (or as soon as practicable thereafter, Landlord shall deliver to Tenant a written estimate of Tenant’s monthly payment of common area charges. Tenant shall pay, as additional rent, on the first day of each month during the term in accordance with paragraph 4(b) of the lease, its monthly share of common area charges as estimated by Landlord. Within one hundred twenty (120) days of the end of each calendar year and of the termination of this lease (or as soon as practicable thereafter), Landlord shall deliver to Tenant a statement of actual common area charges incurred for the preceding year. If such statement shows that Tenant has paid for less than its actual percentage, then Tenant shall on demand pay to Landlord the amount of such deficiency. If Tenant fails to pay such deficiency due within ten (10) days after demand, Tenant shall pay an additional ten percent (10%) of the amount due as a penalty. If such statement shows that Tenant has paid more than its actual percentage share then Landlord shall, at its option, promptly refund such excess to Tenant or credit the amount thereof to the common area charge next becoming due from Tenant. Landlord reserves the right to revise any estimate of common area charges if actual or projected common area charges show an increase or decrease in excess of 10% from any earlier estimate for the same period. In such event, Landlord shall deliver the revised estimate to Tenant, together with an explanation of the reasons therefore, and Tenant shall revise its payments accordingly. Landlord’s and Tenant’s obligation with respect to adjustments at the end of the term or earlier expiration of this lease shall survive such termination or expiration. “Common area charges,” as used in this lease, shall include, but not be limited to, (i) all items identified in paragraphs 8, 9, 11, 12, 13 and 16 as being common area charges; (ii) amortization of such capital improvements having a useful life greater than one year as Landlord may have installed for the purpose of reducing operating costs and/or to comply with governmental rules and regulations promulgated after completion of the building (Tenant’s share of any such capital improvement shall equal Tenant’s proportionate share of the fraction of the cost of such capital improvement equal to the remaining term of the lease over the useful life of such capital improvement); (iii) salaries and employee benefits (including union benefits) of personnel engaged in the operation and maintenance of the Project (or the building in which the Premises are located) and payroll taxes applicable thereto; (iv) supplies, materials, equipment and tools used or required in connection with the operation and maintenance of the Project; (v) licenses, permits and inspection fees; (vi) a reasonable reserve for repairs and replacement of equipment used in the maintenance and operation of the Project; (vii) all other operating costs incurred by Landlord in maintaining and operating the Project; and (viii) an amount equal to five percent (5%) of the actual expenditures for the aggregate of all other common area charges as compensation for Landlord’s accounting and processing services.

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