Historical Costs Clause Samples
The Historical Costs clause defines how the original purchase price or value of an asset, rather than its current market value, is used for accounting or contractual purposes. In practice, this means that any calculations, reimbursements, or valuations referenced in the agreement are based on the documented amount paid at the time of acquisition, not on subsequent changes in value. This approach provides a clear, objective basis for financial assessments and helps prevent disputes over fluctuating market prices, ensuring consistency and transparency in financial reporting or settlements.
Historical Costs. In consideration for historical costs incurred by or on behalf of Precigen and its Affiliates associated with historical development efforts directed to Gorilla IL-12 Products, Ziopharm shall pay to Precigen a total of one million dollars ($1,000,000) to cover historical expenses including out of pocket expenses and internal FTE costs, payable in calendar quarterly installments, as follows: within fifteen (15) days following each of (i) December 31, 2018, (ii) ▇▇▇▇▇ ▇▇, ▇▇▇▇, (▇▇▇) June 30, 2019 and (iv) September 30, 2019, Precigen shall issue an invoice to Ziopharm for two hundred and fifty thousand dollars ($250,000), which Ziopharm shall pay the undisputed amounts set forth on each invoice within thirty (30) days following Ziopharm’s receipt thereof. Precigen shall provide Ziopharm with documented evidence of such historical expenses thirty (30) days prior to the first required payment hereunder.
Historical Costs. 6.5.1 Without prejudice to Clause 6.5.4 (Historical Costs), the Contractor shall determine whether any cost, claim or liability which relates to the period prior to the Commencement Date falls within the definition of a BNF Historical Cost, or a Contractor Historical Cost, in accordance with the provisions of the Overarching Costs Management Agreement.
Historical Costs. 6.5.1 Without prejudice to Clause 6.5.4, the Contractor shall determine whether any cost, claim or liability which relates to the period prior to 1 April 2005 falls within the definition of a BNF Historical Cost or a Contractor Historical Cost or a BNF Historical Trading Cost or a Contractor Historical Trading Cost, in accordance with the provisions of the Overarching Costs Management Agreement.
6.5.2 The Contractor shall mitigate, to the extent reasonably possible, all Contractor Historical Costs and meet such Contractor Historical Costs subject, where relevant, to the provisions of Clause 1.25 (Claims Handling).
6.5.3 Where the Contractor, in error, has paid a BNF Historical Cost or a BNF Historical Trading Cost, the Contractor shall reclaim such BNF Historical Cost or Group BNF Historical Trading Cost from the relevant BNF Company in accordance with the terms of the Overarching Costs Management Agreement. The Contractor shall pay any amounts reclaimed pursuant to this Clause 6.5.3 to the Authority as Category I Revenue.
6.5.4 The treatment of pension deficit contributions in relation to the Applicable Schemes shall not be dealt with under this Clause 6.5 (Historical Costs). Such deficit contributions shall be made in accordance with the Schedule of Contributions for the relevant Applicable Scheme prepared under section 58 Pensions ▇▇▇ ▇▇▇▇ or section 227 Pensions Act 2004 together with any other obligations as to funding imposed by the documents governing the Applicable Schemes.
Historical Costs. (i) For purposes of determining the percentages contained in Section 2.7(a) the parties have assumed that the Historical Costs (as defined in clause (iii) below) on account of Project P consist of an amount equal to Fifty-Two Million Five Hundred Ten Thousand and 00/100 Dollars ($52,510,000) and that the Historical Costs on account of Project S consist of an amount equal to Fifty-Seven Million Three Hundred Thirty-Two Thousand and 00/100 Dollars ($57,332,000) (each such amount, an “Historical Costs Assumption”).
(ii) In the event DOE determines in its sole discretion that the Historical Costs Assumption with respect to either Project does not accurately reflect the actual Historical Costs incurred by the Borrower with respect to such Project, (A) the percentages set forth in Section 2.7(a), shall be modified in DOE’s sole discretion to reflect the percentages which would have been applied had such Historical Costs Assumption accurately reflected the actual Historical Costs with respect to such Project, (B) the next Advance(s) shall be reduced by an amount equal to (x) the aggregate amount of Advances theretofore made (as determined in accordance with the incorrect Historical Costs Assumption) minus (y) the aggregate amount of such Advances that would have been made had they been determined in accordance with the actual Historical Costs, and (C) the Borrower shall certify that the Cash Equity Condition is being satisfied notwithstanding the effects of the foregoing clauses (A) and (B).
Historical Costs. Landlord represents and warrants that the average costs of the items described in subparagraphs A, B and C above during calendar years 1997, 1998 and 1999 have not exceeded $2.43 per square foot per year.
Historical Costs. C-4 ---------------- 3.03 Agreed Price . . . . . . . . . . . . . . . . . . . . . . C-5 ------------ 3.04 Mediation and Arbitration . . . .
Historical Costs. A good indicator of the expected competitive value added by Contractor is a comparison of Contractor's total cost of Services compared to Company's historical cost to have similar work provided (the two Services compared shall be chosen from those conducted within similar locations and within 180 days prior to the request for a price review hereunder). For instance, if Contractor's unit rates are determined to be 10% below market average, but the total cost of Services inclusive of all the time required to perform and successfully complete Company's planned work to its standards and technical specifications
Historical Costs. NYLCare Mid-Atlantic represents and warrants that the historical pharmacy, institutional, ancillary and capitated carveout costs set forth on Schedule 4.3 are accurate in all material respects.
Historical Costs comply with Clause 2.2 (Standard of Performance);