Indexation. Where the Call Off Contract Charges or any component amounts or sums thereof are expressed in this Call Off Schedule 3 as “subject to increase by way of Indexation” the following provisions shall apply: the relevant adjustment shall: be applied on the effective date of the increase in the relevant Call Off Contract Charges by way of Indexation (“Indexation Adjustment Date”) which shall be subject to paragraph 69.1.2 of this Call Off Schedule 3; be determined by multiplying the relevant amount or sum by the percentage increase or changes in the Consumer Price Index published for the twelve (12) Months ended on the 31st of January immediately preceding the relevant Indexation Adjustment Date; where the published CPI figure at the relevant Indexation Adjustment Date is stated to be a provisional figure or is subsequently amended, that figure shall apply as ultimately confirmed or amended unless the Customer and the Supplier shall agree otherwise; if the CPI is no longer published, the Customer and the Supplier shall agree a fair and reasonable adjustment to that index or, if appropriate, shall agree a revised formula that in either event will have substantially the same effect as that specified in this Call Off Schedule 3. The earliest Indexation Adjustment Date will be the (1st) Working Day following the expiry of the period specified in paragraph 8.2 of this Call Off Schedule 3 during which the Contract Charges shall remain fixed (and no review under this paragraph 11 is permitted). Thereafter any subsequent increase by way of Indexation shall not occur before the anniversary of the previous Indexation Adjustment Date during the Call Off Contract Period; Except as set out in this paragraph 69 of this Call Off Schedule 3, neither the Call Off Contract Charges nor any other costs, expenses, fees or charges shall be adjusted to take account of any inflation, change to exchange rate, change to interest rate or any other factor or element which might otherwise increase the cost to the Supplier or Sub-Contractors of the performance of their obligations under this Call Off Contract.
Appears in 5 contracts
Samples: Call Off Contract, Call Off Contract, Call Off Order Form and Call Off Terms for Goods and/or Services (Non Ict)
Indexation. Where the Call Off Contract Charges or any component amounts or sums thereof are expressed in this Call Off Schedule 3 as “subject to increase by way of Indexation” the following provisions shall apply: the relevant adjustment shall: be applied on the effective date of the increase in the relevant Call Off Contract Charges by way of Indexation (“Indexation Adjustment Date”) which shall be subject to paragraph 69.1.2 of this Call Off Schedule 3; be determined by multiplying the relevant amount or sum by the percentage increase or changes in the Consumer Price Index published for the twelve (12) Months ended on the 31st of January immediately preceding the relevant Indexation Adjustment Date; where the published CPI figure at the relevant Indexation Adjustment Date is stated to be a provisional figure or is subsequently amended, that figure shall apply as ultimately confirmed or amended unless the Customer and the Supplier shall agree otherwise; if the CPI is no longer published, the Customer and the Supplier shall agree a fair and reasonable adjustment to that index or, if appropriate, shall agree a revised formula that in either event will have substantially the same effect as that specified in this Call Off Schedule 3. The earliest Indexation Adjustment Date will be the (1st) Working Day following the expiry of the period specified in paragraph 8.2 of this Call Off Schedule 3 during which the Contract Charges shall remain fixed (and no review under this paragraph 11 is permitted). Thereafter any subsequent increase by way of Indexation shall not occur before the anniversary of the previous Indexation Adjustment Date during the Call Off Contract Period; Except as set out in this paragraph 69 69. of this Call Off Schedule 3, neither the Call Off Contract Charges nor any other costs, expenses, fees or charges shall be adjusted to take account of any inflation, change to exchange rate, change to interest rate or any other factor or element which might otherwise increase the cost to the Supplier or Sub-Contractors of the performance of their obligations under this Call Off Contract.
Appears in 3 contracts
Samples: Call Off Terms for Services, Call Off Terms for Services, Occupational Health and Employee Assistance Programme Services Contract
Indexation. [Guidance Note: delete paragraph 8 ’Indexation’ and type “NOT USED” - if the Contract Price is not linked to Indexation]. Where the Call Off Contract Charges or any component amounts or sums thereof are expressed Price in this Call Off Schedule 3 as is “subject to increase by way of Indexation” the following provisions shall apply: the relevant adjustment shall: be applied on the effective date of the increase in the relevant Call Off Contract Charges Price by way of Indexation (“Indexation Adjustment Date”) which shall be subject to paragraph 69.1.2 8.1.2 of this Call Off Schedule 3Schedule; be determined by multiplying the relevant amount or sum by the percentage increase or changes in the Consumer Price Index published for the twelve (12) Months ended on the 31st of January immediately preceding the relevant Indexation Adjustment Date; where the published CPI figure at the relevant Indexation Adjustment Date is stated to be a provisional figure or is subsequently amended, that figure shall apply as ultimately confirmed or amended unless the Customer Council and the Supplier shall agree otherwise; if the CPI is no longer published, the Customer Council and the Supplier shall agree a fair and reasonable adjustment to that index or, if appropriate, shall agree a revised formula that in either event will have substantially the same effect as that specified in this Call Off Schedule 3Schedule. The earliest Indexation Adjustment Date will be the first (1st) Working Day following the expiry second (2nd) anniversary of the period specified in paragraph 8.2 of this Call Off Schedule 3 during which the Contract Charges shall remain fixed (and no review under this paragraph 11 is permitted)Commencement Date. Thereafter any subsequent increase by way of Indexation shall not occur before the anniversary of the previous Indexation Adjustment Date during the Call Off Contract Period; Except as set out in this paragraph 69 8 of this Call Off Schedule 3Schedule, neither the Call Off Contract Charges Price nor any other costs, expenses, fees or charges shall be adjusted to take account of any inflation, change to exchange rate, change to interest rate or any other factor or element which might otherwise increase the cost to the Supplier or Sub-Contractors contractors of the performance of their obligations under this Call Off Contract.
Appears in 2 contracts
Samples: Contract for the Provision of Goods and/or Services, Provision of Goods and/or Services
Indexation. Where the Call Off Contract Charges or any component amounts or sums thereof are expressed in this Call Off Contract Schedule 3 as “subject to increase by way of Indexation” the following provisions shall apply: the relevant adjustment shall: be applied on the effective date of the increase in the relevant Call Off Contract Charges by way of Indexation (“Indexation Adjustment Date”) which shall be subject to paragraph 69.1.2 of this Call Off Contract Schedule 3; be determined by multiplying the relevant amount or sum by the percentage increase or changes in the Consumer Price Index published for the twelve (12) Months ended on the 31st of January immediately preceding the relevant Indexation Adjustment Date; where the published CPI figure at the relevant Indexation Adjustment Date is stated to be a provisional figure or is subsequently amended, that figure shall apply as ultimately confirmed or amended unless the Customer and the Supplier shall agree otherwise; if the CPI is no longer published, the Customer and the Supplier shall agree a fair and reasonable adjustment to that index or, if appropriate, shall agree a revised formula that in either event will have substantially the same effect as that specified in this Call Off Contract Schedule 3. The earliest Indexation Adjustment Date will be the (1st) Working Day following the expiry of the period specified in paragraph 8.2 of this Call Off Contract Schedule 3 during which the Contract Charges shall remain fixed (and no review under this paragraph 11 is permitted). Thereafter any subsequent increase by way of Indexation shall not occur before the anniversary of the previous Indexation Adjustment Date during the Call Off Contract Period; Except as set out in this paragraph 69 of this Call Off Contract Schedule 3, neither the Call Off Contract Charges nor any other costs, expenses, fees or charges shall be adjusted to take account of any inflation, change to exchange rate, change to interest rate or any other factor or element which might otherwise increase the cost to the Supplier or Sub-Contractors of the performance of their obligations under this Call Off Contract.
Appears in 2 contracts
Samples: Contract Order Form and Contract Terms, Contract Order Form and Contract Terms
Indexation. 9.1 Where the Call Off Contract Charges Framework Prices or any component amounts or sums thereof are expressed in this Call Off Framework Schedule 3 as “subject to increase by way of Indexation” the following provisions shall apply: the :
9.1. 1the relevant adjustment shall: :
(a) be applied on the effective date of the increase in the relevant Call Off Contract Charges Framework Prices by way of Indexation (“Indexation Adjustment Date”) which shall be subject to paragraph 69.1.2 of this Call Off Schedule 3; 9.1.2;
(b) be determined by multiplying the relevant amount or sum by the percentage increase or changes in the Consumer Price Index published for the twelve (12) Months ended on the 31st of January immediately preceding the relevant Indexation Adjustment Date; ;
(c) where the published CPI Index figure at the relevant Indexation Adjustment Date is stated to be a provisional figure or is subsequently amended, that figure shall apply as ultimately confirmed or amended unless the Customer Authority and the Supplier shall agree otherwise; ;
(d) if the CPI Index is no longer published, the Customer Authority and the Supplier shall agree a fair and reasonable adjustment to that index or, if appropriate, shall agree a revised formula that in either event will have substantially the same effect as that specified in this Call Off Framework Schedule 3.
9.1. The 2The earliest Indexation Adjustment Date will be the (1st) Working Day following the expiry of the period specified in paragraph 8.2 6.2 of this Call Off Schedule 3 Framework Agreement during which the Contract Charges shall remain fixed (and no review under this paragraph 11 8 is permitted). Thereafter any subsequent increase by way of Indexation shall not occur before the anniversary of the previous Indexation Adjustment Date during the Call Off Contract Framework Period; Except ;
9.1. 3Except as set out in this paragraph 69 of this Call Off Schedule 3Paragraph 9, neither the Call Off Contract Charges Framework Prices nor any other costs, expenses, fees or charges shall be adjusted to take account of any inflation, change to exchange rate, change to interest rate or any other factor or element which might otherwise increase the cost to the Supplier or Sub-Contractors of the performance of their obligations under this Framework Agreement and any Call Off ContractAgreements and/or Lease Agreements.]
Appears in 1 contract
Samples: Framework Agreement
Indexation. 9.1 Where the Call Off Contract Charges Framework Prices or any component amounts or sums thereof are expressed in this Call Off Framework Schedule 3 as “subject to increase by way of Indexation” the following provisions shall apply: :
9.1.1 the relevant adjustment shall: :
(a) be applied on the effective date of the increase in the relevant Call Off Contract Charges Framework Prices by way of Indexation (“Indexation Adjustment Date”) which shall be subject to paragraph 69.1.2 of this Call Off Schedule 3; 9.1.2;
(b) be determined by multiplying the relevant amount or sum by the percentage increase or changes in the Consumer Retail Price Index published for the twelve (12) Months ended on the 31st of January immediately preceding the relevant Indexation Adjustment Date; ;
(c) where the published CPI RPI Index figure at the relevant Indexation Adjustment Date is stated to be a provisional figure or is subsequently amended, that figure shall apply as ultimately confirmed or amended unless the Customer Authority and the Supplier shall agree otherwise; ;
(d) if the CPI RPI Index is no longer published, the Customer Authority and the Supplier shall agree a fair and reasonable adjustment to that index or, if appropriate, shall agree a revised formula that in either event will have substantially the same effect as that specified in this Call Off Framework Schedule 3. .
9.1.2 The earliest Indexation Adjustment Date will be the (1st) Working Day following the expiry of the period specified in paragraph 8.2 6.2 of this Call Off Schedule 3 Framework Agreement during which the Contract Charges shall remain fixed (and no review under this paragraph 11 8 is permitted). Thereafter any subsequent increase by way of Indexation shall not occur before the anniversary of the previous Indexation Adjustment Date during the Call Off Contract Framework Period; ;
9.1.3 Except as set out in this paragraph 69 of this Call Off Schedule 3Paragraph 9, neither the Call Off Contract Charges Framework Prices nor any other costs, expenses, fees or charges shall be adjusted to take account of any inflation, change to exchange rate, change to interest rate or any other factor or element which might otherwise increase the cost to the Supplier or Sub-Contractors of the performance of their obligations under this Framework Agreement and any Call Off ContractContracts.
Appears in 1 contract
Samples: Framework Agreement
Indexation. 7.1 Where the Call Off Contract Charges Panel Prices or any component amounts or sums thereof are expressed in this Call Off Panel Agreement Schedule 3 as “subject to increase by way of Indexation” the following provisions shall apply: :
7.1.1 The Supplier may request a variation in the Panel Prices in accordance with the remaining provisions of this paragraph 7 subject always to:
(a) the Supplier's request being submitted to the Authority in writing at least three (3) Months before the Indexation Adjustment Date;
(b) the Authority’s discretion to conduct a benchmarking exercise in accordance with Schedule 12 to determine whether the Supplier’s request is reasonable;
(c) the Authority’s absolute right to reject any request; and
(d) where a variation is agreed, the Authority’s written agreement.
7.1.2 The relevant adjustment shall: :
(a) be applied on the effective date of the increase in the relevant Call Off Contract Charges Panel Prices by way of Indexation (“Indexation Adjustment Date”) which shall be subject to paragraph 69.1.2 of this Call Off Schedule 37.1.5; and
(b) be determined by multiplying applying the relevant amount or sum by following formula: NC = EC * Z where: NC is the percentage increase or changes New Charge; EC is the Existing Charge; and Z is 1 + (“Average Annual % Change in the Consumer Price Index published for the twelve (12SPPI”) Months ended on the 31st of January immediately preceding the relevant Indexation Adjustment Date; where 100
7.1.3 Where the published CPI figure SPPI figures at the relevant Indexation Adjustment Date is are stated to be a provisional figure figures or is are subsequently amended, that figure those figures shall apply as ultimately confirmed or amended unless the Customer Authority and the Supplier shall agree otherwise; if otherwise in writing;
7.1.4 In the CPI event that any changes occur to the basis of the SPPI, or it is no longer published, the Customer Authority and the Supplier shall agree a fair and reasonable adjustment to that index or, if appropriate, shall agree a revised formula that in either event will have substantially the same effect as that specified in this Call Off Panel Agreement Schedule 3. 2.
7.1.5 The earliest Indexation Adjustment Date will be the (1st) Working Day following the expiry of the period specified in paragraph 8.2 6.2 of this Call Off Schedule 3 Panel Agreement during which the Contract Charges Panel Prices shall remain fixed (and no review under this paragraph 11 is permitted)fixed. Thereafter any subsequent increase by way of Indexation shall not occur before the anniversary of the previous Indexation Adjustment Date during the Call Off Contract Panel Period; .
7.1.6 Except as set out in this paragraph 69 of this Call Off Schedule 37, neither the Call Off Contract Charges Panel Prices nor any other costs, expenses, fees or charges shall be adjusted to take account of any inflation, change to exchange rate, change to interest rate or any other factor or element which might otherwise increase the cost to the Supplier or Sub-Sub- Contractors of the performance of their obligations under this Call Off ContractPanel Agreement and any Legal Services Contracts.
7.2 To make a request for a variation of the Panel Prices or any component or sums thereof in accordance with this paragraph 7, the Supplier shall provide the Authority with:
7.2.1 a list of the Panel Prices it wishes to review;
7.2.2 for each of the Panel Prices under review, written evidence of the justification for the requested increase including:
(a) a breakdown of the profit and cost components that comprise the relevant Panel Price;
(b) details of the movement in the different identified cost components of the relevant Panel Price;
(c) reasons for the movement in the different identified cost components of the relevant Panel Price; and
(d) evidence that the Supplier has attempted to mitigate against the increase in the relevant cost components.
Appears in 1 contract
Samples: Panel Agreement for the Provision of Rail Legal Services
Indexation. Where the Call Off Contract Charges or any component amounts or sums thereof are expressed in this Call Off Schedule 3 as “subject to increase by way of Indexation” the following provisions shall apply: the relevant adjustment shall: be applied on the effective date of the increase in the relevant Call Off Contract Charges by way of Indexation (“Indexation Adjustment Date”) which shall be subject to paragraph 69.1.2 70.10.2 of this Call Off Schedule 3; be determined by multiplying the relevant amount or sum by the percentage increase or changes in the Consumer Price Index published for the twelve (12) Months ended on the 31st of January immediately preceding the relevant Indexation Adjustment Date; where the published CPI figure at the relevant Indexation Adjustment Date is stated to be a provisional figure or is subsequently amended, that figure shall apply as ultimately confirmed or amended unless the Customer and the Supplier shall agree otherwise; if the CPI is no longer published, the Customer and the Supplier shall agree a fair and reasonable adjustment to that index or, if appropriate, shall agree a revised formula that in either event will have substantially the same effect as that specified in this Call Off Schedule 3. The earliest Indexation Adjustment Date will be the (1st) Working Day following the expiry of the period specified in paragraph 8.2 of this Call Off Schedule 3 during which the Contract Charges shall remain fixed (and no review under this paragraph 11 is permitted)permitted Call Off Commencement Date. Thereafter any subsequent increase by way of Indexation shall not occur before the anniversary of the previous Indexation Adjustment Date during the Call Off Contract Period; Except as set out in this paragraph 69 70.9.2(f) of this Call Off Schedule 3, neither the Call Off Contract Charges nor any other costs, expenses, fees or charges shall be adjusted to take account of any inflation, change to exchange rate, change to interest rate or any other factor or element which might otherwise increase the cost to the Supplier or Sub-Contractors of the performance of their obligations under this Call Off Contract.
Appears in 1 contract
Samples: Call Off Contract
Indexation. Where the Call Off Contract Charges or any component amounts or sums thereof are expressed in this Call Off Schedule 3 as “subject to increase by way of Indexation” the following provisions shall apply: the relevant adjustment shall: be applied on the effective date of the increase in the relevant Call Off Contract Charges by way of Indexation (“Indexation Adjustment Date”) which shall be subject to paragraph 69.1.2 72.10.2 of this Call Off Schedule 3; be determined by multiplying the relevant amount or sum by the percentage increase or changes in the Consumer Price Index published for the twelve (12) Months ended on the 31st of January immediately preceding the relevant Indexation Adjustment Date; where the published CPI figure at the relevant Indexation Adjustment Date is stated to be a provisional figure or is subsequently amended, that figure shall apply as ultimately confirmed or amended unless the Customer and the Supplier shall agree otherwise; if the CPI is no longer published, the Customer and the Supplier shall agree a fair and reasonable adjustment to that index or, if appropriate, shall agree a revised formula that in either event will have substantially the same effect as that specified in this Call Off Schedule 3. The earliest Indexation Adjustment Date will be the (1st) Working Day following the expiry of the period specified in paragraph 8.2 of this Call Off Schedule 3 during which the Contract Charges shall remain fixed (and no review under this paragraph 11 is permitted). Thereafter any subsequent increase by way of Indexation shall not occur before the anniversary of the previous Indexation Adjustment Date during the Call Off Contract Period; Except as set out in this paragraph 69 72.9.2(f) of this Call Off Schedule 3, neither the Call Off Contract Charges nor any other costs, expenses, fees or charges shall be adjusted to take account of any inflation, change to exchange rate, change to interest rate or any other factor or element which might otherwise increase the cost to the Supplier or Sub-Contractors of the performance of their obligations under this Call Off Contract.
Appears in 1 contract
Samples: Call Off Contract
Indexation. Where the Call Off Contract Charges or any component amounts or sums thereof are expressed in this Call Off Schedule 3 as “subject to increase by way of Indexation” the following provisions shall apply: the relevant adjustment shall: be applied on the effective date of the increase in the relevant Call Off Contract Charges by way of Indexation (“Indexation Adjustment Date”) which shall be subject to paragraph 69.1.2 74.1.2 of this Call Off Schedule 3; be determined by multiplying the relevant amount or sum by the percentage increase or changes in the Consumer Price Index published for the twelve (12) Months ended on the 31st of January immediately preceding the relevant Indexation Adjustment Date; where the published CPI figure at the relevant Indexation Adjustment Date is stated to be a provisional figure or is subsequently amended, that figure shall apply as ultimately confirmed or amended unless the Customer and the Supplier shall agree otherwise; if the CPI is no longer published, the Customer and the Supplier shall agree a fair and reasonable adjustment to that index or, if appropriate, shall agree a revised formula that in either event will have substantially the same effect as that specified in this Call Off Schedule 3. The earliest Indexation Adjustment Date will be the (1st) Working Day following the expiry of the period specified in paragraph 8.2 of this Call Off Schedule 3 during which the Contract Charges shall remain fixed (and no review under this paragraph 11 is permitted). Thereafter any subsequent increase by way of Indexation shall not occur before the anniversary of the previous Indexation Adjustment Date during the Call Off Contract Period; Except as set out in this paragraph 69 74. of this Call Off Schedule 3, neither the Call Off Contract Charges nor any other costs, expenses, fees or charges shall be adjusted to take account of any inflation, change to exchange rate, change to interest rate or any other factor or element which might otherwise increase the cost to the Supplier or Sub-Contractors of the performance of their obligations under this Call Off Contract.
Appears in 1 contract
Samples: Call Off Contract
Indexation. Where the Call Off Contract Charges or any component amounts or sums thereof are expressed in this Call Off Schedule 3 as “subject to increase by way of Indexation” the following provisions shall apply: the relevant adjustment shall: be applied on the effective date of the increase in the relevant Call Off Contract Charges by way of Indexation (“Indexation Adjustment Date”) which shall be subject to paragraph 69.1.2 74.1.2 of this Call Off Schedule 3; be determined by multiplying the relevant amount or sum by the percentage increase or changes in the Consumer Price Index published for the twelve (12) Months ended on the 31st of January immediately preceding the relevant Indexation Adjustment Date; where the published CPI figure at the relevant Indexation Adjustment Date is stated to be a provisional figure or is subsequently amended, that figure shall apply as ultimately confirmed or amended unless the Customer and the Supplier shall agree otherwise; if the CPI is no longer published, the Customer and the Supplier shall agree a fair and reasonable adjustment to that index or, if appropriate, shall agree a revised formula that in either event will have substantially the same effect as that specified in this Call Off Schedule 3. The earliest Indexation Adjustment Date will be the (1st) Working Day following the expiry of the period specified in paragraph 8.2 of this Call Off Schedule 3 during which the Contract Charges shall remain fixed (and no review under this paragraph 11 is permitted). Thereafter any subsequent increase by way of Indexation shall not occur before the anniversary of the previous Indexation Adjustment Date during the Call Off Contract Period; Except as set out in this paragraph 69 74 of this Call Off Schedule 3, neither the Call Off Contract Charges nor any other costs, expenses, fees or charges shall be adjusted to take account of any inflation, change to exchange rate, change to interest rate or any other factor or element which might otherwise increase the cost to the Supplier or Sub-Contractors of the performance of their obligations under this Call Off Contract.
Appears in 1 contract
Samples: Call Off Contract
Indexation. Where the Call Off Contract Charges or any component amounts or sums thereof are expressed in this Call Off Contract Schedule 3 as “subject to increase by way of Indexation” the following provisions shall apply: the relevant adjustment shall: be applied on the effective date of the increase in the relevant Call Off Contract Charges by way of Indexation (“Indexation Adjustment Date”) which shall be subject to paragraph 69.1.2 71.10.2 of this Call Off Contract Schedule 3; be determined by multiplying the relevant amount or sum by the percentage increase or changes in the Consumer Price Index published for the twelve (12) Months ended on the 31st of January immediately preceding the relevant Indexation Adjustment Date; where the published CPI figure at the relevant Indexation Adjustment Date is stated to be a provisional figure or is subsequently amended, that figure shall apply as ultimately confirmed or amended unless the Customer and the Supplier shall agree otherwise; if the CPI is no longer published, the Customer and the Supplier shall agree a fair and reasonable adjustment to that index or, if appropriate, shall agree a revised formula that in either event will have substantially the same effect as that specified in this Call Off Contract Schedule 3. The earliest Indexation Adjustment Date will be the (1st) Working Day following the expiry of the period specified in paragraph 8.2 of this Call Off Contract Schedule 3 during which the Contract Charges shall remain fixed (and no review under this paragraph 11 is permitted). Thereafter any subsequent increase by way of Indexation shall not occur before the anniversary of the previous Indexation Adjustment Date during the Call Off Contract Period; Except as set out in this paragraph 69 71.9.2(f) of this Call Off Contract Schedule 3, neither the Call Off Contract Charges nor any other costs, expenses, fees or charges shall be adjusted to take account of any inflation, change to exchange rate, change to interest rate or any other factor or element which might otherwise increase the cost to the Supplier or Sub-Contractors of the performance of their obligations under this Call Off Contract.
Appears in 1 contract
Samples: Contract Order Form
Indexation. Where the Call Off Contract Charges or any component amounts or sums thereof are expressed in this Call Off Schedule 3 as “subject to increase by way of Indexation” the following provisions shall apply: the relevant adjustment shall: be applied on the effective date of the increase in the relevant Call Off Contract Charges by way of Indexation (“Indexation Adjustment Date”) which shall be subject to paragraph 69.1.2 11.1.2 of this Call Off Schedule 3; be determined by multiplying the relevant amount or sum by the percentage increase or changes in the Consumer Price Index published for the twelve (12) Months ended on the 31st of January immediately preceding the relevant Indexation Adjustment Date; where the published CPI figure at the relevant Indexation Adjustment Date is stated to be a provisional figure or is subsequently amended, that figure shall apply as ultimately confirmed or amended unless the Customer and the Supplier shall agree otherwise; if the CPI is no longer published, the Customer and the Supplier shall agree a fair and reasonable adjustment to that index or, if appropriate, shall agree a revised formula that in either event will have substantially the same effect as that specified in this Call Off Schedule 3. The earliest Indexation Adjustment Date will be the (1st) Working Day following the expiry of the period specified in paragraph 8.2 of this Call Off Schedule 3 during which the Contract Charges shall remain fixed (and no review under this paragraph 11 is permitted). Thereafter any subsequent increase by way of Indexation shall not occur before the anniversary of the previous Indexation Adjustment Date during the Call Off Contract Period; Except as set out in this paragraph 69 11 of this Call Off Schedule 3, neither the Call Off Contract Charges nor any other costs, expenses, fees or charges shall be adjusted to take account of any inflation, change to exchange rate, change to interest rate or any other factor or element which might otherwise increase the cost to the Supplier or Sub-Contractors of the performance of their obligations under this Call Off Contract.
Appears in 1 contract
Samples: Call Off Order Form
Indexation. 7.1 Where the Call Off Contract Charges Panel Prices or any component amounts or sums thereof are expressed in this Call Off Panel Agreement Schedule 3 as “subject to increase by way of Indexation” the following provisions shall apply: :
7.1.1 The Supplier may request a variation in the Panel Prices in accordance with the remaining provisions of this paragraph 7 subject always to:
(a) the Supplier's request being submitted to the Authority in writing at least three (3) Months before the Indexation Adjustment Date;
(b) the Authority’s discretion to conduct a benchmarking exercise in accordance with Schedule 12 to determine whether the Supplier’s request is reasonable;
(c) the Authority’s absolute right to reject any request; and
(d) where a variation is agreed, the Authority’s written agreement.
7.1.2 The relevant adjustment shall: :
(a) be applied on the effective date of the increase in the relevant Call Off Contract Charges Panel Prices by way of Indexation (“Indexation Adjustment Date”) which shall be subject to paragraph 69.1.2 of this Call Off Schedule 37.1.5; and
(b) be determined by multiplying applying the relevant amount or sum by following formula: NC = EC * Z where: NC is the percentage increase or changes New Charge; EC is the Existing Charge; and Z is 1 + (“Average Annual % Change in the Consumer Price Index published for the twelve (12SPPI”) Months ended on the 31st of January immediately preceding the relevant Indexation Adjustment Date; where 100
7.1.3 Where the published CPI figure SPPI figures at the relevant Indexation Adjustment Date is are stated to be a provisional figure figures or is are subsequently amended, that figure those figures shall apply as ultimately confirmed or amended unless the Customer Authority and the Supplier shall agree otherwise; if otherwise in writing;
7.1.4 In the CPI event that any changes occur to the basis of the SPPI, or it is no longer published, the Customer Authority and the Supplier shall agree a fair and reasonable adjustment to that index or, if appropriate, shall agree a revised formula that in either event will have substantially the same effect as that specified in this Call Off Panel Agreement Schedule 3. 2.
7.1.5 The earliest Indexation Adjustment Date will be the (1st) Working Day following the expiry of the period specified in paragraph 8.2 6.2 of this Call Off Schedule 3 Panel Agreement during which the Contract Charges Panel Prices shall remain fixed (and no review under this paragraph 11 is permitted)fixed. Thereafter any subsequent increase by way of Indexation shall not occur before the anniversary of the previous Indexation Adjustment Date during the Call Off Contract Panel Period; .
7.1.6 Except as set out in this paragraph 69 of this Call Off Schedule 37, neither the Call Off Contract Charges Panel Prices nor any other costs, expenses, fees or charges shall be adjusted to take account of any inflation, change to exchange rate, change to interest rate or any other factor or element which might otherwise increase the cost to the Supplier or Sub-Contractors of the performance of their obligations under this Call Off ContractPanel Agreement and any Legal Services Contracts.
7.2 To make a request for a variation of the Panel Prices or any component or sums thereof in accordance with this paragraph 7, the Supplier shall provide the Authority with:
7.2.1 a list of the Panel Prices it wishes to review;
7.2.2 for each of the Panel Prices under review, written evidence of the justification for the requested increase including:
(a) a breakdown of the profit and cost components that comprise the relevant Panel Price;
(b) details of the movement in the different identified cost components of the relevant Panel Price;
(c) reasons for the movement in the different identified cost components of the relevant Panel Price; and
(d) evidence that the Supplier has attempted to mitigate against the increase in the relevant cost components.
Appears in 1 contract
Samples: Panel Agreement for the Provision of Finance and Complex Legal Services
Indexation. Where the Call Off Contract Charges or any component amounts or sums thereof are expressed in this Call Off Schedule 3 as “subject to increase by way of Indexation” the following provisions shall apply: the relevant adjustment shall: be applied on the effective date of the increase in the relevant Call Off Contract Charges by way of Indexation (“Indexation Adjustment Date”) which shall be subject to paragraph 69.1.2 2.25.2 of this Call Off Schedule 3; be determined by multiplying the relevant amount or sum by the percentage increase or changes in the Consumer Price Index published for the twelve (12) Months ended on the 31st of January immediately preceding the relevant Indexation Adjustment Date; where the published CPI figure at the relevant Indexation Adjustment Date is stated to be a provisional figure or is subsequently amended, that figure shall apply as ultimately confirmed or amended unless the Customer and the Supplier shall agree otherwise; if the CPI is no longer published, the Customer and the Supplier shall agree a fair and reasonable adjustment to that index or, if appropriate, shall agree a revised formula that in either event will have substantially the same effect as that specified in this Call Off Schedule 3. The earliest Indexation Adjustment Date will be the (1st) Working Day following the expiry of the period specified in paragraph 8.2 of this Call Off Schedule 3 during which the Contract Charges shall remain fixed (and no review under this paragraph 11 is permitted). Thereafter any subsequent increase by way of Indexation shall not occur before the anniversary of the previous Indexation Adjustment Date during the Call Off Contract Period; Except as set out in this paragraph 69 2.24.2(f) of this Call Off Schedule 3, neither the Call Off Contract Charges nor any other costs, expenses, fees or charges shall be adjusted to take account of any inflation, change to exchange rate, change to interest rate or any other factor or element which might otherwise increase the cost to the Supplier or Sub-Contractors of the performance of their obligations under this Call Off Contract.
Appears in 1 contract
Samples: Call Off Order Form
Indexation. Where the Call Off Contract Charges or any component amounts or sums thereof are expressed in this Call Off Contract Schedule 3 as “subject to increase by way of Indexation” the following provisions shall apply: the relevant adjustment shall: (a) be applied on the effective date of the increase in the relevant Call Off Contract Charges by way of Indexation (“Indexation Adjustment Date”) which shall be subject to paragraph 69.1.2 11.1.2 of this Call Off Contract Schedule 3; be determined by multiplying the relevant amount or sum by the percentage increase or changes in the Consumer Price Index published for the twelve (12) Months ended on the 31st of January immediately preceding the relevant Indexation Adjustment Date; where the published CPI figure at the relevant Indexation Adjustment Date is stated to be a provisional figure or is subsequently amended, that figure shall apply as ultimately confirmed or amended unless the Customer and the Supplier shall agree otherwise; if the CPI is no longer published, the Customer and the Supplier shall agree a fair and reasonable adjustment to that index or, if appropriate, shall agree a revised formula that in either event will have substantially the same effect as that specified in this Call Off Contract Schedule 3. The earliest Indexation Adjustment Date will be the (1st) Working Day following the expiry of the period specified in paragraph 8.2 of this Call Off Contract Schedule 3 during which the Contract Charges shall remain fixed (and no review under this paragraph 11 is permitted). Thereafter any subsequent increase by way of Indexation shall not occur before the anniversary of the previous Indexation Adjustment Date during the Call Off Contract Period; Except as set out in this paragraph 69 11 of this Call Off Contract Schedule 3, neither the Call Off Contract Charges nor any other costs, expenses, fees or charges shall be adjusted to take account of any inflation, change to exchange rate, change to interest rate or any other factor or element which might otherwise increase the cost to the Supplier or Sub-Sub- Contractors of the performance of their obligations under this Call Off Contract.
Appears in 1 contract
Samples: Contract Order Form and Contract Terms for Goods and/or Services (Non Ict)
Indexation. Where the Call Off Contract Charges or any component amounts or sums thereof are expressed in this Call Off Contract Schedule 3 as “subject to increase by way of Indexation” the following provisions shall apply: the relevant adjustment shall: be applied on the effective date of the increase in the relevant Call Off Contract Charges by way of Indexation (“Indexation Adjustment Date”) which shall be subject to paragraph 69.1.2 of this Call Off Contract Schedule 3; be determined by multiplying the relevant amount or sum by the percentage increase or changes in the Consumer Price Index published for the twelve (12) Months ended on the 31st of January immediately preceding the relevant Indexation Adjustment Date; where the published CPI figure at the relevant Indexation Adjustment Date is stated to be a provisional figure or is subsequently amended, that figure shall apply as ultimately confirmed or amended unless the Customer and the Supplier shall agree otherwise; if the CPI is no longer published, the Customer and the Supplier shall agree a fair and reasonable adjustment to that index or, if appropriate, shall agree a revised formula that in either event will have substantially the same effect as that specified in this Call Off Contract Schedule 3. The earliest Indexation Adjustment Date will be the (1st) Working Day following the expiry of the period specified in paragraph 8.2 of this Call Off Contract Schedule 3 during which the Contract Charges shall remain fixed (and no review under this paragraph 11 is permitted). Thereafter any subsequent increase by way of Indexation shall not occur before the anniversary of the previous Indexation Adjustment Date during the Call Off Contract Period; Except as set out in this paragraph 69 of this Call Off Contract Schedule 3, neither the Call Off Contract Charges nor any other costs, expenses, fees or charges shall be adjusted to take account of any inflation, change to exchange rate, change to interest rate or any other factor or element which might otherwise increase the cost to the Supplier or Sub-Contractors of the performance of their obligations under this Call Off ContractContract .
Appears in 1 contract
Samples: Contract Order Form and Contract Terms for Goods and/or Services (Non Ict)
Indexation. Where the Call Off Contract Charges or any component amounts or sums thereof are expressed in this Call Off Schedule 3 as “subject to increase by way of Indexation” the following provisions shall apply: the relevant adjustment shall: be applied on the effective date of the increase in the relevant Call Off Contract Charges by way of Indexation (“Indexation Adjustment Date”) which shall be subject to paragraph 69.1.2 11.1.2 of this Call Off Schedule 3; be determined by multiplying the relevant amount or sum by the percentage increase or changes in the Consumer Price Index published for the twelve (12) Months ended on the 31st of January immediately preceding the relevant Indexation Adjustment Date; where the published CPI figure at the relevant Indexation Adjustment Date is stated to be a provisional figure or is subsequently amended, that figure shall apply as ultimately confirmed or amended unless the Customer and the Supplier shall agree otherwise; if the CPI is no longer published, the Customer and the Supplier shall agree a fair and reasonable adjustment to that index or, if appropriate, shall agree a revised formula that in either event will have substantially the same effect as that specified in this Call Off Schedule 3. The earliest Indexation Adjustment Date will be the (1st) Working Day following the expiry of the period specified in paragraph 8.2 of this Call Off Schedule 3 during which the Contract Charges shall remain fixed (and no review under this paragraph 11 is permitted). Thereafter any subsequent increase by way of Indexation shall not occur before the anniversary of the previous Indexation Adjustment Date during the Call Off Contract Period; Except as set out in this paragraph 69 11 of this Call Off Schedule 3, neither the Call Off Contract Charges nor any other costs, expenses, fees or charges shall be adjusted to take account of any inflation, change to exchange rate, change to interest rate or any other factor or element which might otherwise increase the cost to the Supplier or Sub-Contractors of the performance of their obligations under this Call Off ContractContract Variations in accordance with the provisions of this Call Off Schedule 3 to all or part the Call Off Contract Charges (as the case may be) shall be made by the Customer to take effect: in accordance with Clause 22.2 of this Call Off Contract (Legislative Change) where an adjustment to the Call Off Contract Charges is made in accordance with paragraph 66.1.1 of this Call Off Schedule 3; in accordance with Clause 23.1.4 of this Call Off Contract (Call Off Contract Charges and Payment) where an adjustment to the Call Off Contract Charges is made in accordance with paragraph 66.1.2 of this Call Off Schedule 3; in accordance with Clause 18 of this Call Off Contract (Continuous Improvement) where an adjustment to the Call Off Contract Charges is made in accordance with paragraph 66.1.3 of this Call Off Schedule 3; in accordance with Clause 25 of this Call Off Contract (Benchmarking) where an adjustment to the Call Off Contract Charges is made in accordance with paragraph 66.1.4 of this Call Off Schedule 3; on the dates specified in the Call Off Order Form where an adjustment to the Call Off Contract Charges is made in accordance with paragraph 66.1.5 of this Call Off Schedule 3; on the Review Adjustment Date where an adjustment to the Call Off Contract Charges is made in accordance with paragraph 66.1.6 of this Call Off Schedule 3; on the Indexation Adjustment Date where an adjustment to the Call Off Contract Charges is made in accordance with paragraph 8.1.7 of this Call Off Schedule 3; and the Parties shall amend the Call Off Contract Charges shown in Annex 1 to this Call Off Schedule 3 to reflect such variations.
Appears in 1 contract
Samples: Call Off Contract
Indexation. Where the Call Off Contract Charges or any component amounts or sums thereof are expressed in this Call Off Schedule 3 as “subject to increase by way of Indexation” the following provisions shall apply: the relevant adjustment shall: be applied on the effective date of the increase in the relevant Call Off Contract Charges by way of Indexation (“Indexation Adjustment Date”) which shall be subject to paragraph 69.1.2 77.6.2 of this Call Off Schedule 3; be determined by multiplying the relevant amount or sum by the percentage increase or changes in the Consumer Price Index published for the twelve (12) Months ended on the 31st of January immediately preceding the relevant Indexation Adjustment Date; where the published CPI figure at the relevant Indexation Adjustment Date is stated to be a provisional figure or is subsequently amended, that figure shall apply as ultimately confirmed or amended unless the Customer and the Supplier shall agree otherwise; if the CPI is no longer published, the Customer and the Supplier shall agree a fair and reasonable adjustment to that index or, if appropriate, shall agree a revised formula that in either event will have substantially the same effect as that specified in this Call Off Schedule 3. The earliest Indexation Adjustment Date will be the (1st) Working Day following the expiry of the period specified in paragraph 8.2 of this Call Off Schedule 3 during which the Contract Charges shall remain fixed (and no review under this paragraph 11 is permitted). Thereafter any subsequent increase by way of Indexation shall not occur before the anniversary of the previous Indexation Adjustment Date during the Call Off Contract Period; Except as set out in this paragraph 69 77.5 of this Call Off Schedule 3, neither the Call Off Contract Charges nor any other costs, expenses, fees or charges shall be adjusted to take account of any inflation, change to exchange rate, change to interest rate or any other factor or element which might otherwise increase the cost to the Supplier or Sub-Contractors of the performance of their obligations under this Call Off Contract.
Appears in 1 contract
Samples: Call Off Contract
Indexation. Where the Call Off Contract Charges or any component amounts or sums thereof are expressed in this Call Off Schedule 3 as “subject to increase by way of Indexation” the following provisions shall apply: the relevant adjustment shall: be applied on the effective date of the increase in the relevant Call Off Contract Charges Framework Prices by way of Indexation (“Indexation Adjustment Date”) which shall be subject to paragraph 69.1.2 of this Call Off Schedule 3paragraph9.1.2; be determined by multiplying the relevant amount or sum by the percentage increase or changes in the Consumer Price Index published for the twelve (12) Months ended on the 31st of January immediately preceding the relevant Indexation Adjustment Date; The CPI index used will be "table 6a CPI All Items" xxxx://xxx.xxx.xx/ons/rel/cpi/consumer-price-indices/may-2015/ref-table-cpi.xls where the published CPI Index figure at the relevant Indexation Adjustment Date is stated to be a provisional figure or is subsequently amended, that figure shall apply as ultimately confirmed or amended unless the Customer Authority and the Supplier shall agree otherwise; if the CPI Index is no longer published, the Customer Authority and the Supplier shall agree a fair and reasonable adjustment to that index or, if appropriate, shall agree a revised formula that in either event will have substantially the same effect as that specified in this Call Off Framework Schedule 3. The earliest Indexation Adjustment Date will be the (1st) Working Day following the expiry second (2nd)] anniversary of the period specified in paragraph 8.2 of this Call Off Schedule 3 during which the Contract Charges shall remain fixed (and no review under this paragraph 11 is permitted)Framework Commencement Date. Thereafter any subsequent increase by way of Indexation shall not occur before the anniversary of the previous Indexation Adjustment Date during the Call Off Contract Framework Period; Except as set out in this paragraph 69 of this Call Off Schedule 3Paragraph 9, neither the Call Off Contract Charges Framework Prices nor any other costs, expenses, fees or charges shall be adjusted to take account of any inflation, change to exchange rate, change to interest rate or any other factor or element which might otherwise increase the cost to the Supplier or Sub-Contractors of the performance of their obligations under this Framework Agreement and any Call Off Contract.Agreements. Example based on and indexation date of 1st January 2015 to utilise latest figures. Award Date 1st January 2013 Price per hour for service = £10 CPI January 2013 126.7 CPI December 2014 128.2 Calculation December 2014 – January 2013 (128.2 – 126.7 = 1.5) Price/hour = £10 Calculation £10 X 1.015 = £10.15 therefore new rate per hour is £10.15 For the following year the following formula will be used. Award Date 1st January 2013 Price per hour for service = £10 CPI January 2013 126.7 CPI December 2015 130.2 (Estimate) Calculation December 2015 – January 2013 (130.2 – 126.7 = 3.5) Price/hour = £10 Calculation £10 X 1.035 = £10.35 therefore new rate per hour is £10.35 Variations in accordance with the provisions of this Framework Schedule 3 to all or part the Framework Prices (as the case may be) shall be made by the Authority to take effect: in accordance with Clause 19.2 (Legislative Change) where an adjustment to the Framework Prices is made in accordance with paragraph 6.1.1 of this Framework Schedule; in accordance with paragraph 3.3.3 and 4.8 of Framework Schedule 12 (Continuous Improvement and Benchmarking) where an adjustment to the Framework Prices is made in accordance with paragraph 6.1.2 of this Framework Schedule 3; or
Appears in 1 contract
Indexation. 7.1 Where the Call Off Contract Charges Panel Prices or any component amounts or sums thereof are expressed in this Call Off Panel Schedule 3 as “subject to increase by way of Indexation” the following provisions shall apply: :
7.1.1 The Supplier may request a variation in the Panel Prices in accordance with the remaining provisions of this paragraph 7 subject always to:
(a) the Supplier's request being submitted to the Authority in writing at least three (3) Months before the Indexation Adjustment Date;
(b) the Authority’s discretion to conduct a benchmarking exercise in accordance with Schedule 12 to determine whether the Supplier’s request is reasonable;
(c) the Authority’s absolute right to reject any request; and
(d) where a variation is agreed, the Authority’s written agreement.
7.1.2 The relevant adjustment shall: :
(a) be applied on the effective date of the increase in the relevant Call Off Contract Charges Panel Prices by way of Indexation (“Indexation Adjustment Date”) which shall be subject to paragraph 69.1.2 of this Call Off Schedule 37.1.5; and
(b) be determined by multiplying applying the relevant amount or sum by following formula: NC = EC * Z where: NC is the percentage increase or changes New Charge; EC is the Existing Charge; and Z is 1 + (“Average Annual % Change in the Consumer Price Index published for the twelve (12SPPI”) Months ended on the 31st of January immediately preceding the relevant Indexation Adjustment Date; where 100
7.1.3 Where the published CPI figure SPPI figures at the relevant Indexation Adjustment Date is are stated to be a provisional figure figures or is are subsequently amended, that figure those figures shall apply as ultimately confirmed or amended unless the Customer Authority and the Supplier shall agree otherwise; if otherwise in writing;
7.1.4 In the CPI event that any changes occur to the basis of the SPPI, or it is no longer published, the Customer Authority and the Supplier shall agree a fair and reasonable adjustment to that index or, if appropriate, shall agree a revised formula that in either event will have substantially the same effect as that specified in this Call Off Panel Schedule 3. 2.
7.1.5 The earliest Indexation Adjustment Date will be the (1st) Working Day following the expiry of the period specified in paragraph 8.2 6.2 of this Call Off Schedule 3 Panel Agreement during which the Contract Charges Panel Prices shall remain fixed (and no review under this paragraph 11 is permitted)fixed. Thereafter any subsequent increase by way of Indexation shall not occur before the anniversary of the previous Indexation Adjustment Date during the Call Off Contract Panel Period; .
7.1.6 Except as set out in this paragraph 69 of this Call Off Schedule 37, neither the Call Off Contract Charges Panel Prices nor any other costs, expenses, fees or charges shall be adjusted to take account of any inflation, change to exchange rate, change to interest rate or any other factor or element which might otherwise increase the cost to the Supplier or Sub-Sub- Contractors of the performance of their obligations under this Call Off ContractPanel Agreement and any Legal Services Contracts.
7.2 To make a request for a variation of the Panel Prices or any component or sums thereof in accordance with this paragraph 7, the Supplier shall provide the Authority with:
7.2.1 a list of the Panel Prices it wishes to review;
7.2.2 for each of the Panel Prices under review, written evidence of the justification for the requested increase including:
(a) a breakdown of the profit and cost components that comprise the relevant Panel Price;
(b) details of the movement in the different identified cost components of the relevant Panel Price;
(c) reasons for the movement in the different identified cost components of the relevant Panel Price; and
(d) evidence that the Supplier has attempted to mitigate against the increase in the relevant cost components.
Appears in 1 contract
Samples: Panel Agreement for the Provision of General Legal Services
Indexation. Where the Call Off Contract Charges or any component amounts or sums thereof are expressed in this Call Off Schedule 3 as “subject to increase by way of Indexation” the following provisions shall apply: the relevant adjustment shall: be applied on the effective date of the increase in the relevant Call Off Contract Charges Framework Prices by way of Indexation (“Indexation Adjustment Date”) which shall be subject to paragraph 69.1.2 of this Call Off Schedule 3paragraph9.1.2; be determined by multiplying the relevant amount or sum by the percentage increase or changes in the Consumer Price Index published for the twelve (12) Months ended on the 31st of January immediately preceding the relevant Indexation Adjustment Date; The CPI index used will be "table 6a CPI All Items" xxxx://xxx.xxx.xx/ons/rel/cpi/consumer-price-indices/may-2015/ref-table-cpi.xls where the published CPI Index figure at the relevant Indexation Adjustment Date is stated to be a provisional figure or is subsequently amended, that figure shall apply as ultimately confirmed or amended unless the Customer Authority and the Supplier shall agree otherwise; if the CPI Index is no longer published, the Customer Authority and the Supplier shall agree a fair and reasonable adjustment to that index or, if appropriate, shall agree a revised formula that in either event will have substantially the same effect as that specified in this Call Off Framework Schedule 3. The earliest Indexation Adjustment Date will be the (1st) Working Day following the expiry second (2nd)] anniversary of the period specified in paragraph 8.2 of this Call Off Schedule 3 during which the Contract Charges shall remain fixed (and no review under this paragraph 11 is permitted)Framework Commencement Date. Thereafter any subsequent increase by way of Indexation shall not occur before the anniversary of the previous Indexation Adjustment Date during the Call Off Contract Framework Period; Except as set out in this paragraph 69 of this Call Off Schedule 3Paragraph 9, neither the Call Off Contract Charges Framework Prices nor any other costs, expenses, fees or charges shall be adjusted to take account of any inflation, change to exchange rate, change to interest rate or any other factor or element which might otherwise increase the cost to the Supplier or Sub-Contractors of the performance of their obligations under this Framework Agreement and any Call Off Contract.Agreements. Example based on and indexation date of 1st January 2015 to utilise latest figures. Award Date 1st January 2013 Price per hour for service = £10 CPI January 2013 126.7 CPI December 2014 128.2 Calculation December 2014 – January 2013 (128.2 – 126.7 = 1.5) Price/hour = £10 Calculation £10 X 1.015 = £10.15 therefore new rate per hour is £10.15 For the following year the following formula will be used. Award Date 1st January 2013 Price per hour for service = £10 CPI January 2013 126.7 CPI December 2015 130.2 (Estimate) Calculation December 2015 – January 2013 (130.2 – 126.7 = 3.5) Price/hour = £10 Calculation £10 X 1.035 = £10.35 therefore new rate per hour is £10.35
Appears in 1 contract
Indexation. Where the Call Off Contract Charges or any component amounts or sums thereof are expressed in this Call Off Schedule 3 as “subject to increase by way of Indexation” the following provisions shall apply: the relevant adjustment shall: be applied on the effective date of the increase in the relevant Call Off Contract Charges by way of Indexation (“Indexation Adjustment Date”) which shall be subject to paragraph 69.1.2 74.10.2 of this Call Off Schedule 3; be determined by multiplying the relevant amount or sum by the percentage increase or changes in the Consumer Price Index published for the twelve (12) Months ended on the 31st of January immediately preceding the relevant Indexation Adjustment Date; where the published CPI figure at the relevant Indexation Adjustment Date is stated to be a provisional figure or is subsequently amended, that figure shall apply as ultimately confirmed or amended unless the Customer and the Supplier shall agree otherwise; if the CPI is no longer published, the Customer and the Supplier shall agree a fair and reasonable adjustment to that index or, if appropriate, shall agree a revised formula that in either event will have substantially the same effect as that specified in this Call Off Schedule 3. The earliest Indexation Adjustment Date will be the (1st) Working Day following the expiry of the period specified in paragraph 8.2 of this Call Off Schedule 3 during which the Contract Charges shall remain fixed (and no review under this paragraph 11 is permitted). Thereafter any subsequent increase by way of Indexation shall not occur before the anniversary of the previous Indexation Adjustment Date during the Call Off Contract Period; Except as set out in this paragraph 69 74.9.2(f) of this Call Off Schedule 3, neither the Call Off Contract Charges nor any other costs, expenses, fees or charges shall be adjusted to take account of any inflation, change to exchange rate, change to interest rate or any other factor or element which might otherwise increase the cost to the Supplier or Sub-Contractors of the performance of their obligations under this Call Off Contract.
Appears in 1 contract
Indexation. Where the Call Off Contract Lease Agreement Charges or any component amounts or sums thereof are expressed in this Call Off Lease Agreement Schedule 3 as “subject to increase by way of Indexation” the following provisions shall apply: the relevant adjustment shall: be applied on the effective date of the increase in the relevant Call Off Contract Lease Agreement Charges by way of Indexation (“Indexation Adjustment Date”) which shall be subject to paragraph 69.1.2 70.10.2 of this Call Off Lease Agreement Schedule 3; be determined by multiplying the relevant amount or sum by the percentage increase or changes in the Consumer Price Index published for the twelve (12) Months ended on the 31st of January immediately preceding the relevant Indexation Adjustment Date; where the published CPI figure at the relevant Indexation Adjustment Date is stated to be a provisional figure or is subsequently amended, that figure shall apply as ultimately confirmed or amended unless the Customer and the Supplier shall agree otherwise; if the CPI is no longer published, the Customer and the Supplier shall agree a fair and reasonable adjustment to that index or, if appropriate, shall agree a revised formula that in either event will have substantially the same effect as that specified in this Call Off Lease Agreement Schedule 3. The earliest Indexation Adjustment Date will be the (1st) Working Day following the expiry of the period specified in paragraph 8.2 of this Call Off Lease Agreement Schedule 3 during which the Contract Charges shall remain fixed (and no review under this paragraph 11 is permitted)permitted Lease Agreement Commencement Date. Thereafter any subsequent increase by way of Indexation shall not occur before the anniversary of the previous Indexation Adjustment Date during the Call Off Contract Lease Agreement Period; Except as set out in this paragraph 69 70.9.2(f) of this Call Off Lease Agreement Schedule 3, neither the Call Off Contract Lease Agreement Charges nor any other costs, expenses, fees or charges shall be adjusted to take account of any inflation, change to exchange rate, change to interest rate or any other factor or element which might otherwise increase the cost to the Supplier or Sub-Contractors of the performance of their obligations under this Call Off ContractLease Agreement.
Appears in 1 contract
Samples: Lease Agreement
Indexation. Where the Call Off Contract Charges Framework Prices or any component amounts or sums thereof are expressed in this Call Off Framework Schedule 3 as “subject to increase by way of Indexation” the following provisions shall apply: the relevant adjustment shall: be applied on the effective date of the increase in the relevant Call Off Contract Charges Framework Prices by way of Indexation (“Indexation Adjustment Date”) which shall be subject to paragraph 69.1.2 of this Call Off Schedule 361.1.2; be determined by multiplying the relevant amount or sum by the percentage increase or changes in the Consumer Price Index published for the twelve (12) Months ended on the 31st of January immediately preceding the relevant Indexation Adjustment Date; where the published CPI Index figure at the relevant Indexation Adjustment Date is stated to be a provisional figure or is subsequently amended, that figure shall apply as ultimately confirmed or amended unless the Customer Authority and the Supplier shall agree otherwise; if the CPI Index is no longer published, the Customer Authority and the Supplier shall agree a fair and reasonable adjustment to that index or, if appropriate, shall agree a revised formula that in either event will have substantially the same effect as that specified in this Call Off Framework Schedule 3. The earliest Indexation Adjustment Date will be the (1st) Working Day following the expiry of the period specified in paragraph 8.2 6.2 of this Call Off Schedule 3 Framework Agreement during which the Contract Charges shall remain fixed (and no review under this paragraph 11 8 is permitted). Thereafter any subsequent increase by way of Indexation shall not occur before the anniversary of the previous Indexation Adjustment Date during the Call Off Contract Framework Period; Except as set out in this paragraph 69 of this Call Off Schedule 3Paragraph 61, neither the Call Off Contract Charges Framework Prices nor any other costs, expenses, fees or charges shall be adjusted to take account of any inflation, change to exchange rate, change to interest rate or any other factor or element which might otherwise increase the cost to the Supplier or Sub-Contractors of the performance of their obligations under this Framework Agreement and any Call Off ContractContracts.
Appears in 1 contract
Samples: Framework Agreement