License Fee Adjustment Sample Clauses

License Fee Adjustment. Due Date 3.1 The license fee for the Licensed Works to be paid per calendar year is stipulated in the Attachment. In addition, the relevant factors with regard to the license fee when this Agreement is concluded are also indicated in the Attachment. In the event that the license fee – as indicated in the Attachment – depends on the number of sites of the Licensee, the number of authorized persons, the total number of staff, or any other factor, the Licensee will notify the Publisher of any material change without delay. The term ‘material’ – in relation to the relevant Licensed Work – means any change in relation to the number of authorized persons or to the total number of staff with regard to the threshold value indicated in the Attachment, or any change in the number of sites, or any change with regard to other factors. In this case, the Publisher will be entitled to adjust the license fee at its own reasonable discretion. It will be obliged to do so if any changes arise in favor of the Licensee. Such adjustment will be made with effect from the calendar year following the year in which the adjustment has occurred. If the Licensee fails to notify the Publisher of any change that has occurred in its favor, the Licensee may only request an adjustment from the point in time when the change notice has been received. 3.2 In addition to the license fee according to section 3.1 – in connection with the Attachment specified therein –, any VAT or other sales tax amount that may have accrued under the relevant statutory requirements must be paid in the respective statutory amount. 3.3 The Publisher will charge the license fee for all Licensed Works on a yearly basis and in advance, i.e. on a prorata basis for the respective work – or as indicated in the Attachment –, in the year when the Agreement is concluded, including any VAT or sales tax accrued, and will be due for payment thirty (30) days after the invoice date without deduction. 3.4 The Licensee may only offset any claim against the Publisher if such claim is uncontested or has been adjudicated by means of a final (non-appealable) judgement of a court of law. The Licensee is not entitled to enforce any rights of retention. 3.5 The Publisher may adjust the license fee for the Licensed Works annually as indicated in the Attachment at its own reasonable discretion. The Publisher will notify the Licensee of any increase in the license fee no later than four (4) months prior to the effective date of such increa...
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License Fee Adjustment. The annual License Fee for an Approved Small Cell Facility installed pursuant to this Agreement shall be adjusted every five (5) years beginning as of January 1, 2024 (each an “Adjustment Year”). The Municipality and the Provider will negotiate in good faith during the third quarter of the calendar year immediately preceding each Adjustment Year in order to determine the new License Fee (“Adjusted License Fee”), only to the extent such fee is not dictated by law (applicable law, as of the execution of this Agreement, caps the License Fee, and no Adjusted License Fee would be permitted above the cap). If by September 1 of such preceding calendar year the parties are unable to agree upon an Adjusted License Fee, either party may terminate the Agreement in accordance with Section 9.2. Notwithstanding the foregoing, the License Fee shall be automatically adjusted to the maximum amount allowable under the law, at any time, to reflect a change in the law adjusting the amount that a government unit may charge for the construction, placement, or use of such Approved Small Cell Facilities on a Municipal Structure.
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License Fee Adjustment. The initial license fees for the HQM Report Service(s) utilized by You are set forth in Schedule A below. However, after the first year period, Company may increase such fee(s) annually by the lesser of 5% or the change in the Consumer Price Index.
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License Fee Adjustment. On the 2nd anniversary of the initial term of this Agreement and each year thereafter, the parties shall adjust the license fee amount to be determined by the percentage change in the Consumer Price Index All Urban Consumers, US City Average, All items as published by the Bureau of Labor Statistics, United States Department of Labor (the CPI-U). Thirty (30) days prior to the beginning of each one year period, the CPI-U shall be ascertained, and the license fee amount to be paid during the next year period shall be adjusted by increasing or decreasing the initial rate set forth above the percentage equal to the percentage of change in the CPI-U in the month of July as compared with the prior year’s July index. In the event the CPI-U or an equivalent or successor thereof, is not published at the time such adjustments are made, the amount of rent shall be determined by the then available CPI-U subject to an adjustment when the actual figure becomes available. Notwithstanding the foregoing, the CPI-U will adjust a minimum of two percent (2%) annually but never greater than four percent (4%) annually.
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License Fee Adjustment 
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Related to License Fee 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.

  • 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.

  • 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.

  • 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.

  • Minimum Adjustment The adjustments required by the preceding sections of this Article IV shall be made whenever and as often as any specified event requiring an adjustment shall occur, except that no adjustment of the Exercise Price or the number of shares of Common Stock issuable upon exercise of the Warrants that would otherwise be required shall be made unless and until such adjustment either by itself or with other adjustments not previously made increases or decreases by at least 1% the Exercise Price or the number of shares of Common Stock issuable upon exercise of the Warrants immediately prior to the making of such adjustment. Any adjustment representing a change of less than such minimum amount shall be carried forward and made as soon as such adjustment, together with other adjustments required by this Article IV and not previously made, would result in a minimum adjustment. For the purpose of any adjustment, any specified event shall be deemed to have occurred at the close of business on the date of its occurrence. In computing adjustments under this Article IV, fractional interests in Common Stock shall be taken into account to the nearest one-hundredth of a share.

  • PREMIUM ADJUSTMENT If THE COMPANY overpays a reinsurance premium and THE REINSURER accepts the overpayment, THE REINSURER’s acceptance will not constitute or create a reinsurance liability or increase in any existing reinsurance liability. Instead, THE REINSURER will be liable to THE COMPANY for a credit in the amount of the overpayment. If a reinsured policy terminates, THE REINSURER will refund the excess reinsurance premium. This refund will be on a prorated basis without interest from the date of termination of the policy to the date to which a reinsurance premium has been paid.

  • Performance Adjustment Rate Except as otherwise provided in sub-paragraph (e) of this paragraph 3, the Performance Adjustment Rate is 0.02% for each percentage point (the performance of the Portfolio and the Index each being calculated to the nearest .01%) that the Portfolio's investment performance for the performance period was better or worse than the record of the Index as then constituted. The maximum performance adjustment rate is 0.20%. For purposes of calculating the performance adjustment of the portfolio, the portfolio's investment performance will be based on the performance of the retail class. The performance period will commence with the first day of the first full month following the retail class's commencement of operations. During the first eleven months of the performance period for the retail class, there will be no performance adjustment. Starting with the twelfth month of the performance period, the performance adjustment will take effect. Following the twelfth month a new month will be added to the performance period until the performance period equals 36 months. Thereafter the performance period will consist of the current month plus the previous 35 months. The Portfolio's investment performance will be measured by comparing (i) the opening net asset value of one share of the retail class of the Portfolio on the first business day of the performance period with (ii) the closing net asset value of one share of the retail class of the Portfolio as of the last business day of such period. In computing the investment performance of the retail class of the Portfolio and the investment record of the Index, distributions of realized capital gains, the value of capital gains taxes per share paid or payable on undistributed realized long-term capital gains accumulated to the end of such period and dividends paid out of investment income on the part of the Portfolio, and all cash distributions of the securities included in the Index, will be treated as reinvested in accordance with Rule 205-1 or any other applicable rules under the Investment Advisers Act of 1940, as the same from time to time may be amended.

  • Equitable Adjustment Trading volume amounts, price/volume amounts and similar figures in the Transaction Documents shall be equitably adjusted (but without duplication) to offset the effect of stock splits, similar events and as otherwise described in this Agreement and Warrants.

  • 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.

  • Price Adjustment Civil works contracts of long duration (more than 18 months) shall contain an appropriate price adjustment clause.

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