Operating Cost Adjustments. At any time during the term of this Agreement, the Service Provider may also petition the City for additional rate and price adjustments at reasonable times on the basis of material or unusual changes in its costs of operations not otherwise the basis of any other rate adjustments herein. At the time of any such petition, the Service Provider shall provide the City with documents and records in reasonable form and sufficient detail to reasonably establish the necessity of any requested rate adjustment. The City shall not unreasonably withhold, condition or delay its consent to any requested rate increase. In the event the City fails or refuses to consent to any such requested rate increase, the Service Provider may, in its sole discretion, terminate this Agreement upon ninety (90) days’ written notice to the City.
Operating Cost Adjustments. At Closing, Buyer shall (a) reimburse Seller for actual operating costs incurred by CPBR between January 1, 2013 and the Closing Date in excess of actual amounts billed or to be billed to BP for such period. Seller and Buyer will reconcile any amounts received from BP post-Closing in respect of amounts billed to BP for the period prior to the Closing. As used in this subsection (c), “operating costs” include the proportionate share of CPBR’s fixed costs such as lease payments, rail debt service, water royalty payments and other costs and expenses paid to the Port of St. Helens and other parties pursuant to lease, easement, rail, dock and other agreements in effect as of the Effective Date, and excludes one-time expenses such as the termination payment due under the X.X. Xxxxxxxx contract, non-routine or not in the ordinary course bonuses and severance payments (other than severance payments made to employees terminated at the request of Buyer prior to Closing).
Operating Cost Adjustments. Certain economic situations may be substantial enough to cause U.S. Foodservice to adjust the terms of this agreement. These situations include, but are not limited to, national or regional economic changes such as fuel cost increases, utilities cost increases or shortages and other significant increases in U.S. Foodservice's operating expenses. In such event, U.S. Foodservice may raise the product category schedule(s) in Section 4.2 Product Categories and Schedules, add a surcharge amount to each delivery invoice or add a surcharge per case of product. U.S. Foodservice will advise you ten days prior to effecting any such changes and will review the circumstances with you.
Operating Cost Adjustments. The Parties agree that the Base Operating Dayrate is based on Contractor’s operating costs as of January 28, 2008, and that Total Operating Costs of $74,965/day of the Base Operating Dayrate shall be adjusted, up or down, or alternatively, Contractor or Operator as the case may be, shall be reimbursed, in accordance with this Section, to reflect any actual changes after such date (“OPEX-Adjusted Operating Dayrate”) in any of the below-listed categories; provided, following the initial adjustment effective upon the Term Commencement Date, there shall be rate adjustments, if applicable, calculated and noticed on a quarterly basis and effective upon Operator’s receipt of written notice of such adjustment from Contractor (which such notices shall not exceed one (1) per quarter or four (4) in the maximum aggregate per Contract year) and all such adjustments shall be as set forth in Article 3.2.b. The components of the Operating Costs are as follows:
Operating Cost Adjustments. Until Tenant is advised of an -------------------------- increase in the Additional Rent, Tenant shall continue to pay Additional Rent at the then current rate (including all prior adjustments). Addi tional Rent may be collected by Landlord in monthly installments of 1/12th of Tenant's Pro Rata Share of estimated annual excess Building Operating Costs. Tenant shall commence payment to Landlord of the monthly installments of Additional Rent reflecting Tenant's Pro Rata Share of increases in Building Operating Costs over the Base Year pur suant to paragraph 6(B)(2), on the basis of the adjustment determined by Landlord, on the first day of the month after Landlord advises Tenant of such increases in Building Operating Costs. However, on the date the first payment of Additional Rent, as increased, is due, Tenant shall also pay to Landlord the total of differences between monthly installments of Additional Rent, as increased, and the monthly installments of Additional Rent actually paid for each month of the then current calendar year. Failure of Landlord to require any increase in Additional Rent during any calendar year, or failure to require the full increase to which Landlord is entitled, shall not waive Landlord's right to any further or addi tional adjustment of the Additional Rent for that year or any subsequent year. Landlord shall further be entitled to adjust payments of Addi tional Rent to be paid by Tenant pursuant to this Article periodically during any calendar year if Landlord reasonably deems such adjustments necessary and appropriate.
