Lexington Baseline Adjustment Sample Clauses

Lexington Baseline Adjustment. 41 17.15 IBM Help Desk Baseline Adjustment.................................42 17.16 Field Services Baseline Adjustment................................42 17.17 Technology Improvements...........................................43 ARTICLE 18 AUDITS......................................................43 18.01
Sample 1
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Lexington Baseline Adjustment. (1) In the event that Eckerd in good faith believes from time to time that the actual amount of Resource Units for the Lexington Data Center mainframe Services (CPU Application Hours, DASD, and Tape Mounts) will vary from the Baseline(s), Eckerd may elect to adjust the Baseline(s) for the remainder of the Term to reflect such variance. The Parties shall meet at least once each Contract Year to determine whether Eckerd will make any such election. In the event that Eckerd shall make any such election, (a) Eckerd shall provide notice of such election (including the level to which the subject Baseline(s) are to be adjusted (each a "Lexington Adjusted Baseline")) to IBMGS-US, (b) IBMGS-US will calculate the adjustment to the Annual Services Charges, ARC Rate and RRC Rate affected by such adjustment to the Baseline(s), and notify Eckerd of such adjustments and (c) upon Eckerd's approval IBMGS-US shall amend the Supplement to reflect the Lexington Adjusted Baselines and adjustment to the applicable Fees. Lexington Data Center Baselines may not be adjusted to a level which is lower than 80 percent, in each case, of the Baselines in effect on the Commencement Date pursuant to this Section 17.14(1). Any adjustment to Baselines and the Fees pursuant to this Section 17.14 shall be effective on the anniversary of the Commencement Date and shall remain in effect for a minimum of twelve (12) months. (2) During the period between January 1, 1998 and June 30, 1999 and in respect of IBMGS-US's performance of Year 2000 work, if any, whether or not performed under this Agreement (a) IBMGS-US will track the Resource Units for the Lexington Data Center mainframe Services (CPU Application Hours, DASD, and Tape Mounts) utilized by IBMGS-US in the performance of Year 2000 work (the "Lexington Y2K Resources"); (b) in the event that Eckerd's average use of Lexington Y2K Resources (i) increased above the amount xxxxx xx xxxxxded in the applicable Lexington Y2K Resources set forth in the Supplement, Eckerx xxxxx xxx xx IBMGS-US, in addition to the Annual Services Charge, ARCs as set forth in the Supplement, or (ii) decreased below the amount which is included in the applicable Lexington Y2K Resources set forth in the Supplement, XXXXX-XX xxxll credit Eckerd RRCs in accordance with this Section 17.14(2), and (c) beginning July 1, 1998 and semi-annually thereafter until June 30, 1999 IBMGS-US will calculate the quantity of Lexington Y2K Resources expended and invoice Eckerd for thx xxx...
Sample 1

Related to Lexington Baseline Adjustment

  • Fee Adjustment Fees as provided in this Agreement to be charged to residents of Joplin and the City pursuant to this Agreement may be adjusted based upon the AARC's change in costs subsequent to the previous adjustment. Any individual fee increases will be adjusted only to the extent of an increase in the Consumer Price Index (St. Louis -All Urban Consumers), utilizing the December 12 month period index from the previous year. If a fee increase request is in excess of the Consumer Price Index the city may request to review data on actual costs of each service if needed to document cost increases. In the event an adjustment to documented cost is warranted, AARC shall provide written notice thereof with supporting documentation, by no later than May 1 of each year. All increases shall be subject to annual appropriation by the Joplin City Council. City shall have thirty (30) days to review and request additional supporting documentation. In the event the parties are unable to agree to the cost adjustment, either party shall be entitled to terminate this Agreement as provided herein.

  • Cost Adjustments Both parties agree that contracted prices shall be fixed for the first 12 months of this Contract. Contractor must submit to District any proposed cost adjustments at least 60 days before the proposed effective date of such increases with a detailed explanation for each adjustment. District alone reserves the right to reject any changes to this Contract it deems unacceptable.

  • Non pre-priced Adjustment Factor To be applied to Work determined not to be included in the CTC but within the general scope of the work: 1.1900.

  • CPI Adjustment At the end of the first Lease year (as hereinafter defined) and every Lease year thereafter (including any renewal periods) the Base Rental provided for in Paragraph 3 above shall be adjusted by adding to Base Rental the "Add-on Factor". The one (1) year periods are each hereinafter referred to as an "Adjustment Period". As used herein, the "Add- on Factor" shall mean the "Add-on Sum" minus "Net Base Rental"; "Add-on Sum" shall mean a sum determined by multiplying the "Net Base Rental" by the "Adjustment Factor"; "Net Base Rental" shall mean the Base Rental described above minus Initial Basic Cost, and "Adjustment Factor" shall mean a fraction, the numerator of which is the "CPI" published immediately preceding the applicable anniversary date and the denominator of which is the "CPI" published immediately preceding the commencement date of the term of this Lease. "CPI" shall mean the United States Average (1982-84 '" 100), as published bi-monthly (or if the same shall no longer be published bi-monthly, on the most frequent basis available) by the Bureau of Labor Statistics, U.S. Department of Labor (but if such is subject to adjustment later, the later adjusted index shall be used). The Adjusted Rental shall be the new Base Rental of the Premises effective as of the first day of the applicable Adjustment Period. Notwithstanding the foregoing calculation, the yearly percentage rent adjustment pursuant to this Paragraph 9 shall in no event be less than FIVE percent (5%) per year. Tenant shall continue payment of the Base Rental in effect for the expiring Adjustment Period until notified by Landlord of any increase in such Base Rental. Such notification shall include a memorandum showing the calculations used by Landlord in determining the new Base Rental. On the first day of the calendar month immediately succeeding receipt of such notice, Tenant shall commence payment of the new Base Rental spedfied in the notice, and shall also pay to Landlord with respect to the month(s) already expired, the excess of the required monthly rentals spedfied in the notice over the monthly amounts actually paid by Tenant.

  • Fee Adjustments The fixed fees and other fees expressed as stated dollar amounts in this Schedule C and in this Agreement are subject to annual increases, commencing on the one-year anniversary date of the date of this Agreement, in an amount equal to the percentage increase in consumer prices for services as measured by the United States Consumer Price Index entitled “All Services Less Rent of Shelter,” or a similar index should such index no longer be published, since such one-year anniversary or since the date of the last fee increase, as applicable.

  • Market Adjustment The parties to this Agreement recognize the appropriateness of market pay adjustments in rare instances for compelling reasons. To effectuate judgments in such cases, the President and AAUP Chapter President, in consultation, shall each name three (3) individuals to a university Market Evaluation Committee. Deans may submit recommendations for market pay adjustments with supporting written reasons to the Committee. Said Committee shall consult with the President concerning proposed market pay adjustments reporting its advice not later than May 15 in each year. Upon the favorable recommendation of the President and the BOR President, market pay adjustments may be approved effective at the beginning of that pay period including September 1 of the following year. Not more than one (1) market pay adjustment per one hundred (100) full-time members, or fraction thereof, may be recommended in any contract year. A member’s salary may not be increased beyond the maximum for the rank. Funding for this program shall be governed by Article 12.10.2.

  • Year-End Adjustment If necessary, on or before the last day of the first month of each fiscal year, an adjustment payment shall be made by the appropriate party in order that the amount of the investment advisory fees waived or reduced and other payments remitted by the Adviser to the Fund or Funds with respect to the previous fiscal year shall equal the Excess Amount.

  • Performance Adjustment One-twelfth of the annual Performance Adjustment Rate will be applied to the average of the net assets of the Portfolio (computed in the manner set forth in the Fund's Declaration of Trust or other organizational document) determined as of the close of business on each business day throughout the month and the performance period.

  • Audit Adjustment If any audit of the records, books or accounts relating to the Properties discloses an overpayment or underpayment of Management Fees, Owner or Manager shall promptly pay to the other party the amount of such overpayment or underpayment, as the case may be. If such audit discloses an overpayment of Management Fees for any fiscal year of more than the correct Management Fees for such fiscal year, Manager shall bear the cost of such audit.

  • Market Value Adjustment Transfer of Current Value from the Funds or AG Account ............ 17 3.08 Notice to the Certificate Holder .................................. 18 3.09 Loans ............................................................. 18 3.10 Systematic Withdrawal Option (SWO) ................................ 18 3.11

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