GROSS INEQUITY Sample Clauses

GROSS INEQUITY. Any gross proven inequity that may result in severe economic conditions not contemplated by the Parties at the time of the execution of this Agreement may be corrected by mutual consent; provided however that any gross proven inequity shall not in any way apply to, alter or affect the CLIENT's obligation to make Works Payments hereunder when due. Each Party shall in the case of a claim of gross inequity furnish the other with whatever documentary evidence may be necessary to assist in affecting a settlement.
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GROSS INEQUITY. 19.1 If during the term of this Agreement, either party believes an unusual condition has occurred resulting in a gross inequity, it may notify the other party furnishing it with documentary evidence in support thereof. For the purposes hereof, an unusual condition resulting in a gross inequity is a circumstance or set of circumstances, reasonably unforeseeable at the time of execution hereof, which tends to make performance of this Agreement unreasonably advantageous or burdensome to one of the parties. The parties agree to meet, and in good faith, determine whether a gross inequity exists, and if it is agreed a gross inequity does exist, the parties agree to renegotiate this Agreement in a manner that such gross inequity is removed.
GROSS INEQUITY. It is the intent of the parties hereto that each shall mutually benefit from the terms, conditions and provisions of the Contract. In the event that any party hereto shall suffer a gross inequity resulting from an unforeseen substantial change in circumstances or conditions, the parties shall negotiate in good faith to resolve or remove such gross inequity; provided, however, that nothing herein shall be construed to relieve any party of any of its obligations under this Contract. A "Gross Inequity" shall specifically include rulings from the ICC, or successor agency, which would have a significant adverse effect upon the profitability of the transportation service rendered by the Railroad.
GROSS INEQUITY. It is the intent of the parties hereto that each shall mutually benefit from the terms, conditions and provisions of this Contract. In the event that any party shall suffer a gross inequity resulting from a substantial change in circumstances or conditions, the parties shall negotiate in good faith to resolve or remove such gross inequity, provided, however, that nothing herein shall be construed to relieve any party of its obligations under this Contract.

Related to GROSS INEQUITY

  • Gross Sales Notwithstanding anything in the Lease to the contrary the definition of Gross Sales shall be as follows:

  • Gross Beta Flags A = Result acceptable, Bias <= +/- 50% with a statistically positive result at two standard deviations (Result/Uncertainty > 2, i.e., the range encompassing the result, plus or minus the total uncertainty at two standard deviations, does not include zero). N = Result not acceptable, Bias > +/- 50% or the reported result is not statistically positive at two standard deviations (Result/Uncertainty <= 2, i.e., the range encompassing the result, plus or minus the total uncertainty at two standard deviations, includes zero).

  • Gross Revenue The Gross Revenue shall be inclusive of installation charges, late fees, sale proceeds of handsets (or any other terminal equipment etc.), revenue on account of interest, dividend, value added services, supplementary services, access or interconnection charges, roaming charges, revenue from permissible sharing of infrastructure and any other miscellaneous revenue, without any set-off for related item of expense, etc.

  • Revenues 1. Earnings generated during the project implementation through the sales of products and merchandise, participation fees or any other provisions of services against payment must be deducted from the amount of costs incurred by the project in line with Art 61 of Regulation 1303/2013 and stipulations in the programme implementation manual. 2. The LP and each PP are responsible for keeping account and documenting all revenues generated, following project activities, for control purposes.

  • Gross Income Allocation If any Partner has a deficit Capital Account at the end of any Fiscal Year which is in excess of the sum of (i) the amount such Partner is obligated to restore, if any, pursuant to any provision of this Agreement, and (ii) the amount such Partner is deemed to be obligated to restore pursuant to the penultimate sentences of Treasury Regulations Section 1.704-2(g)(1) and 1.704-2(i)(5), each such Partner shall be specially allocated items of Partnership income and gain in the amount of such excess as quickly as possible; provided that an allocation pursuant to this Section 5.05(c) shall be made only if and to the extent that a Partner would have a deficit Capital Account in excess of such sum after all other allocations provided for in this Article V have been tentatively made as if Section 5.05(b) and this Section 5.05(c) were not in this Agreement.

  • Gross Asset Value The term "Gross Asset Value" means, with respect to any asset, the asset's adjusted basis for federal income tax purposes, except as follows:

  • Gross Income Allocations In the event any Partner has a deficit balance in its Capital Account at the end of any Partnership taxable period in excess of the sum of (A) the amount such Partner is required to restore pursuant to the provisions of this Agreement and (B) the amount such Partner is deemed obligated to restore pursuant to Treasury Regulation Sections 1.704-2(g) and 1.704-2(i)(5), such Partner shall be specially allocated items of Partnership gross income and gain in the amount of such excess as quickly as possible; provided, that an allocation pursuant to this Section 6.1(d)(v) shall be made only if and to the extent that such Partner would have a deficit balance in its Capital Account as adjusted after all other allocations provided for in this Section 6.1 have been tentatively made as if this Section 6.1(d)(v) were not in this Agreement.

  • Gross Revenues All revenues, receipts, and income of any kind derived directly or indirectly by Lessee from or in connection with the Hotel (including rentals or other payments from tenants, lessees, licensees or concessionaires but not including their gross receipts) whether on a cash basis or credit, paid or collected, determined in accordance with generally accepted accounting principles, excluding, however: (i) funds furnished by Lessor, (ii) federal, state and municipal excise, sales, and use taxes collected directly from patrons and guests or as a part of the sales price of any goods, services or displays, such as gross receipts, admissions, cabaret or similar or equivalent taxes and paid over to federal, state or municipal governments, (iii) the amount of all credits, rebates or refunds to customers, guests or patrons, and all service charges, finance charges, interest and discounts attributable to charge accounts and credit cards, to the extent the same are paid to Lessee by its customers, guests or patrons, or to the extent the same are paid for by Lessee to, or charged to Lessee by, credit card companies, (iv) gratuities or service charges actually paid to employees, (v) proceeds of insurance and condemnation, (vi) proceeds from sales other than sales in the ordinary course of business, (vii) all loan proceeds from financing or refinancings of the Hotel or interests therein or components thereof, (viii) judgments and awards, except any portion thereof arising from normal business operations of the Hotel, and (ix) items constituting “allowances” under the Uniform System.

  • Direct Sales The Manager will advise you promptly, on the Offering Date, as to the Securities purchased by you pursuant to the Underwriting Agreement that you will retain for direct sale. At any time prior to the termination of the applicable AAU, any such Securities that are held by the Manager for sale but not sold may, on your request and at the Manager’s discretion, be released to you for direct sale, and Securities so released to you will no longer be deemed held for sale by the Manager. You may allow, and Dealers may reallow, a discount on sales to Dealers in an amount not in excess of the Reallowance set forth in the applicable AAU. You may not purchase Securities from, or sell Securities to, any other Underwriter or Dealer at any discount or concession other than the Reallowance, except with the prior consent of the Manager.

  • Net Sales The term “

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