Common use of OPERATIONS FEE ADJUSTMENT PROVISION Clause in Contracts

OPERATIONS FEE ADJUSTMENT PROVISION. The Parties agree that the fees set forth on ATTACHMENT D are based in part upon certain estimates relating to costs of operation and projected burial rates, which are difficult to predict accurately over the term of the Contract. If any cost of operation materially changes (which must be objectively demonstrated), or actual burial rates exceed six hundred (600) in any rolling one- (1) year period, Provider may request a review and adjustment of the fees set forth on ATTACHMENT D. The Board shall review Provider’s request in good faith; however, notwithstanding the preceding sentence, the Board is not obligated to increase the Operations Fee set forth on ATTACHMENT D.

OPERATIONS FEE ADJUSTMENT PROVISION. The Parties agree that the fees set forth on ATTACHMENT Attachment D are based in part upon certain estimates relating to costs of operation and projected burial rates, which are difficult to predict accurately over the term of the Contract. If any cost of operation materially changes (which must be objectively demonstrated), or actual burial rates exceed six hundred (600) in any rolling one- (1) year period, Provider may request a review and adjustment of the fees set forth on ATTACHMENT Attachment D. The Board shall review Provider’s request in good faith; however, notwithstanding the preceding sentence, the Board is not obligated to increase the Operations Fee set forth on ATTACHMENT Attachment D.