Other Price Adjustments. 3.3.1 The Parties recognize that legislative, regulatory, administrative or other governmental bodies or the courts may impose new laws, rules or regulations, amend existing laws, rules or regulations, or reinterpret existing laws, rules or regulations, including, without limitation, procedural instruction letters issued by MSHA after June 2, 2014 (the “Initial Price Date”), or as applicable, after the date of determination of a Market Adjusted Base Price (such new laws, amendments or reinterpretations, a “Change in Law”), that may increase Seller’s cost of mining coal from the Mines. Without limiting the generality of the foregoing, the implementation after the Initial Price Date of MSHA rule 79 FR 24813 “Lowering Miners’ Exposure to Respirable Coal Mine Dust, Including Continuous Personal Dust Monitors” as adopted on May 1, 2014, shall be deemed to be a Change in Law for purposes of this Agreement, notwithstanding the adoption of such rules prior to the Initial Price Date. A Change in Law shall not in any event include any change in Governmental Impositions (as defined below).
Other Price Adjustments. (a) CUSTOMER acknowledges that the Prices set forth in Exhibit A are based on the forecasted volumes provided by CUSTOMER to SANMINA-SCI. In the event CUSTOMER fails to purchase Product in sufficient volumes consistent with the quoted prices, SANMINA-SCI reserves the right to billback CUSTOMER for the difference between the prices paid and the prices associated with such lower volumes.
Other Price Adjustments. (a) At the conclusion of each price review referenced above, the run rate on which to base pricing for the upcoming quarter shall be calculated as follows: An average run rate for each Finished Goods Assembly will be calculated by adding the past 2 most current quarter's numbers for actual units purchased by CUSTOMER, and the number of units on the Orders for the same assembly for the upcoming quarter, and dividing by 3. Both parties agree that by basing the pricing on this calculated run rate, there will be no xxxx backs or rebates based on the actual results for the upcoming quarter.
Other Price Adjustments. The Sellers' failure to sell, assign, transfer, and deliver the following Transferred Assets will not be a basis to terminate this Agreement, but will reduce the Aquis Shares portion of the Purchase Price by the following amounts:
Other Price Adjustments. (a) CUSTOMER acknowledges that the Prices set forth in Exhibit A are based on the forecasted volumes provided by CUSTOMER to SANMINA-SCI. In the event * * * Indicates that confidential treatment has been sought for this information. CUSTOMER fails to purchase Product in sufficient volumes consistent with the quoted prices, SANMINA-SCI reserves the right to billback CUSTOMER for the difference between the Prices paid and the prices associated with such lower volumes.
Other Price Adjustments. (a) In the event SANMINA-SCI experiences an increase or decrease in costs as a result of changes in the Specifications, the Prices shall be adjusted in accordance with Section 6.1.
Other Price Adjustments. (a) LIFESTREAM acknowledges that the Prices set forth in Exhibit A are based on the forecasted volumes provided by LIFESTREAM to SANMINA-SCI. In the event LIFESTREAM fails to purchase Product in sufficient volumes consistent with the quoted prices, SANMINA-SCI reserves the right to bill-back LIFESTREAM for xxx difference between the prices paid and the prices associated with such lower volumes.
Other Price Adjustments. MCDATA acknowledges that the Pricing matrix set forth in Exhibit E is based on the forecasted volumes provided by MCDATA to SANMINA-SCI. McDATA acknowledges that the prices are based on the Specifications and the assumptions set forth in Sanmina-SCI’s quote. In the event SANMINA-SCI experiences an increase in cost as a result of changes in the pricing assumptions or the Specifications and such increase is verified and agreed to by the parties (such cost to be verifiable and agreed to by the parties with such agreement not to be unreasonable withheld).
Other Price Adjustments. (a) On [*] starting on [*], and not more than [*], Lonza may increase the Price (including the Batch Price) for Services performed in the Visp Facility by the greater of: (a) [*]; and (b) (in respect of Services and Batch manufacture at the Visp Facility) the percentage increase of the [*] (or any successor index) as compared to the immediately preceding calendar year, or (in respect of Services and Batch manufacture at the Porrino Facility) the percentage increase of the [*] (or any successor index) as compared to the immediately preceding calendar year; provided that the Price may not increase by more than [*] over the Price for the immediately preceding calendar year. The new Price reflecting such adjustment shall be effective for any Batch [*] to Customer of the Price adjustment.
Other Price Adjustments. CUSTOMER acknowledges that the Prices set forth in Exhibit A are based on the forecasted volumes provided by CUSTOMER to SANMINA and the projected inventory turns as provided in Exhibit A. CUSTOMER acknowledges that the Prices are based on the Specifications and the assumptions set forth in SANMINA’s quotation and in Exhibit A. In the event SANMINA experiences an increase or decrease in cost as a result of changes in the pricing assumptions or the Specifications, the Parties shall be entitled to the Price adjustment set forth in Section 6.1. CUSTOMER and SANMINA agree to work together in good faith to identify potential [**] cost reduction goals, with a target of [**] per cent ([**]%) per [**].
