Modification of Terms and Pricing. All charges for Services shall be subject to annual adjustment as set forth in the Fee Schedule.
Modification of Terms and Pricing. If Customer is in default and M&I elects to continue to perform the Services, or if the Customer's tangible capital or reserve requirements computed in accordance with applicable federal regulations for itself or any of its FDIC insured affiliates receiving Services hereunder are less than the required regulatory minimums, Customer agrees to pay M&I all unamortized conversion expenses in advance of M&I performing any additional Services. In addition, Customer agrees that, in such event, all charges for Services shall be computed using M&I's then-current standard published prices, paid in advance as determined by M&I. At M&I's option, such Services shall be provided on a month-to-month basis.
Modification of Terms and Pricing. The prices contained herein are subject to an annual cost of living adjustment beginning with the 2nd anniversary date of this agreement and annually thereafter, based on the revised national Consumer Price Index for Urban Wage Earners and Clerical Workers (1967-100) published by the Bureau of Labor Statistics of The US Department of Labor (or if not published, the index specified by such bureau or its successor or being most compatible). The CPI Index not to exceed 4% per annum. For any Renewal Term, Metavante may modify the Fees upon thirty (30) days’ prior written notice to Customer. Notwithstanding the foregoing, Metavante reserves the right to increase the fees for Services as necessary to cover Metavante’s costs in the event that Metavante must implement system enhancements to comply with changes in law, government regulation, or industry practices, provided that Metavante agrees to allocate such charges pro rata among all affected customers to the extent reasonably possible.
Modification of Terms and Pricing. If Customer is in default and M&I elects to continue to perform the Services, or if the Customer's tangible capital or reserve requirements computed in accordance with applicable federal regulations for itself or any of its affiliates receiving Services hereunder are less than the required regulatory minimums, Customer agrees to pay M&I all unamortized conversion expenses in advance of M&I performing any additional Services. In addition, Customer agrees that all charges for Services shall be computed using M&I's then-current standard published prices, without application of any credits, other than remote site credits (printline and transaction), paid in advance as determined by M&I. At M&I's option, such Services shall be provided on a month-to-month basis.
Modification of Terms and Pricing. A. Following any Event of Default by Customer and pending completion of the dispute resolution procedures set forth in Article 15, Customer agrees that all charges for Services shall be computed using M&I's then-current standard published prices, paid in advance. Upon Customer's cure of all such Event(s) of Default, the pricing terms shall revert to that which were in place prior to the Event(s)
Modification of Terms and Pricing. All charges for Services shall be subject to the annual adjustments set forth in the Fee Schedule.
9. PERFORMANCE WARRANTY/EXCLUSIVE REMEDY/DISCLAIMER OF ALL OTHER WARRANTIES
9.1 Performance Warranty. M&I warrants that it will provide the ADP Services covered by this Agreement in accordance with the Performance Standards and that it will provide reports to the Customer that are in substantial conformity with the User Manuals, as amended from time to time. THIS PERFORMANCE WARRANTY IS SUBJECT TO THE WARRANTY EXCLUSIONS SET FORTH BELOW IN ARTICLE 9.2 AND THE REMEDY LIMITATIONS SET FORTH BELOW IN ARTICLE 9.3.
Modification of Terms and Pricing. If Customer is in default and --------------------------------- M&I elects to continue to provide the Services, Customer agrees to pay M&I all unamortized conversion expenses in advance of M&I performing any additional Services. In addition, Customer agrees that all charges for Services shall be computed using one hundred ten percent (110%) of the prices established in Exhibit B, paid in advance as determined by M&L. Upon Customer's cure of the default, charges for Services shall revert to those prescribed in Section 2(a), above. At M&I's option, such Services shall be provided on a month-to-month basis.
Modification of Terms and Pricing. If Customer is in default and M&I elects to continue to perform the Services, Customer agrees to pay M&I all unamortized conversion expenses in advance of M&I performing any additional Services. In addition, Customer agrees that all charges for Services shall be computed using M&I's then-current standard published prices, paid in advance as determined by M&I. At M&I's option, such Services shall be provided on a month-to-month basis.
Modification of Terms and Pricing. Commencing following the second --------------------------------- anniversary of the Effective Date, all charges for Services shall be subject to the annual adjustments (including CPI adjustments) set forth in the Fee Schedule.
Modification of Terms and Pricing. Charges for all Services shall be subject to adjustments on each January 1, commencing January 1, 2007 which shall not exceed the change in the Consumer Price Index For All Urban Consumers – All Cities (All Items) 1982-1984 = 100 (“CPI”) published by the Bureau of Labor Statistics of the U.S. Department of Labor.
