Common use of Inflation Adjustment Clause in Contracts

Inflation Adjustment. (a) The Fees (exclusive of Pass-Through Expenses) shall be subject to adjustment as set forth in paragraphs (a) and (b) of this Section 13.8. The Fees shall not be adjusted pursuant to this Section 13.8 with effect prior to January 1, 2006. If the Bureau of Labor Statistics Consumer Price Index-Urban (1967=100) as published by the Bureau of Labor Statistics of the Department of Labor (the "CPIU") for 2005 or thereafter (the "Current CPI Index") shall increase from the CPIU applicable for the twelve (12) months immediately prior to the notice of increase (the "Base CPI Index"), then FIS may, no more often than once in any calendar year, upon no less than thirty (30) days prior written notice (but with initial effect on the first of the month next succeeding the 30th day following such notice), increase the Fees on a prospective basis. Such increase shall not exceed, as a percentage, one half (1/2) of the percentage by which the Current CPI Index increased from the Base CPI Index. The Fees (exclusive of Pass-Through Expenses) for any succeeding year shall be equal to the Fee as so increased or as further adjusted in succeeding years in accordance with this Section 13.8. Upon such election, FIS will provide to FNT a recalculation of the Fees in writing. (b) If the Bureau of Labor Statistics stops publishing the CPIU or substantially changes the content of the CPIU, the parties shall substitute another comparable measure published by a mutually agreeable source. If such change is merely to redefine the base year for the CPIU from 1967 to another year, the parties shall continue to use the CPIU but shall, if necessary, convert either the Base CPI Index or the Current CPI Index to the same basis as the other by multiplying such index by the appropriate conversion factor.

Appears in 2 contracts

Samples: Master Information Technology Services Agreement (Fidelity National Title Group, Inc.), Master Information Technology Services Agreement (Fidelity National Title Group, Inc.)

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Inflation Adjustment. (a) The Fees (exclusive of Pass-Through Expenses) shall be subject to adjustment as set forth in paragraphs (a) and (b) of this Section 13.8. The Fees shall not be adjusted pursuant to this Section 13.8 with effect prior to January 1, 20062005. If the Bureau of Labor Statistics Consumer Price Index-Urban (1967=100) as published by the Bureau of Labor Statistics of the Department of Labor (the "CPIU") for 2005 2004 or thereafter (the "Current CPI Index") shall increase from the CPIU applicable for the twelve (12) months immediately prior to the notice of increase (the "Base CPI Index"), then FIS may, no more often than once in any calendar year, upon no less than thirty (30) days prior written notice (but with initial effect on the first of the month next succeeding the 30th day following such notice), increase the Fees on a prospective basis. Such increase shall not exceed, as a percentage, one half (1/2) of the percentage by which the Current CPI Index increased from the Base CPI Index. The Fees (exclusive of Pass-Through Expenses) for any succeeding year shall be equal to the Fee as so increased or as further adjusted in succeeding years in accordance with this Section 13.8. Upon such election, FIS will provide to FNT FNF a recalculation of the Fees in writing. (b) If the Bureau of Labor Statistics stops publishing the CPIU or substantially changes the content of the CPIU, the parties shall substitute another comparable measure published by a mutually agreeable source. If such change is merely to redefine the base year for the CPIU from 1967 to another year, the parties shall continue to use the CPIU but shall, if necessary, convert either the Base CPI Index or the Current CPI Index to the same basis as the other by multiplying such index by the appropriate conversion factor.

Appears in 1 contract

Samples: Master Services Agreement (Fidelity National Information Services, Inc.)

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Inflation Adjustment. (a) The Fees (exclusive of Pass-Through Expenses) shall be subject to adjustment as set forth in paragraphs (a) and (b) of this Section 13.8. The Fees shall not be adjusted pursuant to this Section 13.8 with effect prior to January 1, 2006. If the Bureau of Labor Statistics Consumer Price Index-Urban (1967=100) as published by the Bureau of Labor Statistics of the Department of Labor (the "CPIU") for 2005 or thereafter (the "Current CPI Index") shall increase from the CPIU applicable for the twelve (12) months immediately prior to the notice of increase (the "Base CPI Index"), then FIS may, no more often than once in any calendar year, upon no less than thirty (30) days prior written notice (but with initial effect on the first of the month next succeeding the 30th day following such notice), increase the Fees on a prospective basis. Such increase shall not exceed, as a percentage, one half (1/2) of the percentage by which the Current CPI Index increased from the Base CPI Index. The Fees (exclusive of Pass-Through Expenses) for any succeeding year shall be equal to the Fee as so increased or as further adjusted in succeeding years in accordance with this Section 13.8. Upon such election, FIS will provide to FNT a recalculation of the Fees in writing. (b) If the Bureau of Labor Statistics stops publishing the CPIU or substantially changes the content of the CPIU, the parties shall substitute another comparable measure published by a mutually agreeable source. If such change is merely to redefine the base year for the CPIU from 1967 to another year, the parties shall continue to use the CPIU but shall, if necessary, convert either the Base CPI Index or the Current CPI Index to the same basis as the other by multiplying such index by the appropriate conversion factor.

Appears in 1 contract

Samples: Master Information Technology Services Agreement (Fidelity National Information Services, Inc.)

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