Increase in Cost. In the event unforeseen conditions require an increase in the cost of the Work for which the Utility is responsible, above the Exhibit B, Cost Estimate (including sales tax, engineering, and contingencies) by more than ( ) percent, the Parties agree to modify Exhibit B to include such cost increase.
Increase in Cost. If, due to either (i) the introduction of or any change (other than any change by way of imposition or increase of reserve requirements, in the case of Eurodollar Rate Advances, included in the Eurodollar Rate Reserve Percentage) in or in the interpretation of any law or regulation or (ii) the compliance with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law), there shall be any increase in the cost to any Lender or any participant under Section 8.07(e) of agreeing to make or making, funding or maintaining Eurodollar Rate Advances, then the Borrower shall from time to time pay to the Agent for the account of such Lender or participant additional amounts sufficient to compensate such Lender or participant for such increased cost. Such costs shall be payable only if demanded within six months after they were incurred and shall be due 30 days after demand. Demand shall be made by delivery to the Borrower and the Agent of a certificate of the Lender or participant making the demand, setting forth in reasonable detail the calculation of the costs for which demand is made. Such certificate shall, in the absence of manifest error, be conclusive and binding on the Borrower.
Increase in Cost. 3.1 The Parties agree that the actual expense incurred by WSDOT for the lease application review may exceed the above noted Estimated Review Amount by up to twenty–five (25) percent. In the event expenses exceed the Estimated Review Amount by more than twenty-five (25) percent, WSDOT shall notify the SERVICE PROVIDER of increased expenses as they become known.
Increase in Cost. 29.1.1 If as a result of Change in Law, the Lessee is obliged to incur additional capital expenditure and/or the additional operating costs or both, as the case may be, for operation, management and/ or implementation of the Project in excess of Rs. [insert amount] (Rupees [insert amount]) the Lessee may so notify the Lessor and upon notice by the Lessee, the Parties shall meet, as soon as reasonably practicable but no later than 30 (thirty) days from the date of notice and mutually agree on an arrangement that would restore the Lessee to the same economic position as if such Change in Law has not occurred. In case the Parties do not mutually agree on an arrangement, a committee of 3 (three) members will be found (1 (one) member from the Lessor, 1 (one) member from Lessee, and 1 (one) member to be mutually agreed by the Parties) and the decision of this committee on this matter shall be final and binding on both the Parties.
29.1.2 For the avoidance of doubt, it is agreed that this Clause 29.1.1 shall be restricted to Changes in Law directly affecting the Lessee’s costs of performing its obligations under this Agreement.
Increase in Cost. 3.1 The parties agree that the estimated cost of the work may be exceeded by up to 25%. In the event of such increased costs the parties agree to modify the estimated cost of work by written amendment, signed by both parties. WSDOT shall notify the AGENCY of increased costs as they become known.
Increase in Cost. If the result of any change in or introduction of or in the interpretation of any Law or any regulation or practice, including without limitation those relating to taxation, capital adequacy, liquidity, prudential limits, reserve assets, cash ratio deposits and special deposits has the effect of increasing the cost or expenses on the Lender in making available all or part of the Facility under this Agreement, the Borrower(s) shall on demand by the Lender, pay such additional cost or Expenses so incurred within 15 (Fifteen) Business Days of the date of such demand.
Increase in Cost. In the event unforeseen conditions require an increase in cost for WSDOT’s construction administration and Services by more than twenty-five (25) percent above the cost estimate in Exhibit A, the Parties must negotiate and execute a written amendment to this Agreement addressing said increase prior to WSDOT performing any construction administration or Services in excess of said amount.
Increase in Cost. If, due to either (i) the introduction of, any change in or in the interpretation of, any law or regulation after the Closing Date, or (ii) the compliance with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law) made after the Closing Date, there shall be any increase in the cost to the Lender of agreeing to make or making, funding or maintaining Eurodollar Rate Advances or Negotiated Rate Advances, then the applicable Borrower shall from time to time pay to the Lender additional amounts sufficient to compensate the Lender or participant for such increased cost. Such costs shall be payable only if demanded within six (6) months after they were incurred and shall be due within thirty (30) days after demand. Demand shall be made by delivery to such Borrower of a certificate of the Lender, setting forth in reasonable detail the calculation of the costs for which demand is made. Such certificate shall, in the absence of manifest error, be conclusive and binding on such Borrower.
Increase in Cost. 4.1 In the event of unforeseen increased costs, the Parties agree that the estimated cost of the Work may be exceeded by a contingency of up to 12 %. In the event such increased costs exceed the contingency, the Parties may modify the estimated cost of Work by written amendment signed by both Parties. WSDOT shall notify the Agency of increased costs as they become known.
Increase in Cost. If as a result of any Change in Law, the Concessionaire suffers from an increase in cost or other financial burden, the aggregate financial effect of which exceeds Rs 5 (five) Crore for a financial year, the Discoms shall, subject to the Concessionaire complying with the notification obligation in terms of Article 22.3 and the furnishing of documentary proofs of such increase in cost for establishing the impact of such Change in Law, compensate the Concessionaire, with an amount to be determined by the Delhi Electricity Regulatory Commission, in order to place the Concessionaire in the same economic position as it would have enjoyed had it not been for the occurrence of the Change in Law resulting in the increase in cost or financial burden to the Concessionaire. The compensation shall be payable from the date a Change in Law has become effective or is brought into force.
