Other Rate Adjustments. The County will strictly enforce all of the provisions of the Franchise Agreement including penalty clauses for any performance quality problems. The Contractor shall not be allowed rate increases on the basis that the Contractor proposed pricing is too low or agreed to do the work for a lower proposer’s price. Non-performance of Franchise Agreement or a request for a rate increase, either of which are attributed to the Contractor accepting the Franchise Agreement award at an insufficiently low price, shall result in cancellation of all Solid Waste and Recycling Collection service Franchise Agreements for all Service Areas entered into with the Contractor.
Other Rate Adjustments. 9.04.1 Notwithstanding the provisions of Sections 9.02 and 9.03, any rate for rentals, fees, or charges payable by the Signatory Airlines at an Airport may be adjusted by the Authority at any other time in the event of one or more of the following:
(i) Current year-to-date unaudited financial data and/or activity statistics indicate that total rentals, fees, and charges payable at an Airport pursuant to the then current rates are projected by the Authority to vary by more than five percent (5%) from the total rentals, fees, and charges that would be paid during the Rate Period at that Airport if rates were based upon more current financial and activity data then available.
(ii) The Indenture requires the adjustment; provided, however, that total rentals, fees, and charges payable to the Authority by Signatory Airlines shall be calculated in accordance with this Agreement.
(iii) Additional Projects are constructed in Airline Supported Areas, and Debt Service and/or Amortization Requirements for such Additional Projects become payable from Revenues on a date other than the first day of any Fiscal Year; provided, however, the Authority may include in any rate adjustments made pursuant to Section 9.02 and 9.03 the Capital Charges, O&M Expenses, and all other payments, Debt Service Coverage, and reserves required by this Agreement for any such Additional Project, the costs of which are anticipated by the Authority to become payable from Revenues (as opposed to capitalized interest) during the next ensuing Rate Period.
(iv) At any other time as provided for in this Agreement, including, but not limited to, adjustments made in accordance with Section 8.12 for Projects included in the Capital Construction Program. changes to estimated rates made in accordance with this Section 9.04, including the reasons necessitating any such adjustment, and such adjusted rates shall become effective on the date specified in the Authority's written notice to the Airline, subject to the provisions of Paragraph 9.01.4.
Other Rate Adjustments. Employees in job classification listed on attached Appendix B shall be paid as provided in said Appendix.
Other Rate Adjustments. The Authority will strictly enforce all of the provisions of the Franchise Agreement including liquidated damages clauses for any performance quality problems. The Contractor shall not be allowed rate increases on the basis that the Contractor bid too low or agreed to do the work for a lower bidder's price. Non-performance of Franchise Agreement or a request for a rate increase, either of which are attributed to the Contractor accepting the Franchise Agreement award at an insufficiently low rate, may, at the Authority’s sole discretion, result in cancellation of all Solid Waste and Recycling Collection Services Franchise Agreements for all Service Areas entered into with the Contractor. 42. EQUAL BUSINESS OPPORTUNITY PROGRAM 42.1 SMALL/MINORITY/WOMEN BUSINESS ENTERPRISE (S/M/WBE) PARTICIPATION:
Other Rate Adjustments. (a) If the Operator is prevented from performing any of its obligations under this Agreement because of District Fault or any delay on the part of the District in fulfilling its obligations hereunder, or any breach or default by the District of its obligations hereunder, or because of any delay or hindrance in respect of the installation of a connection due to the act or omission of the relevant registered owner or registered user, or because of any new development within the Service Area requiring a substantial number of additional connections or which disrupts the installation of any connections, or because any remedial action is needed to prevent influent not complying with the Influent Standards from entering the System, then the Operator shall institute the Rate Adjustment Procedure provided for in Section 6.2(g) to recover additional costs arising as a result of such actions or inactions (to the extent that these are not recovered under the Operating Period Insurance).
(b) If the Operator considers that it should be entitled to an extension of time or additional costs due to Force Majeure, District Fault or a Change in Law after the Effective Date, then it shall send a written notice to the District within 60 days following (i) the occurrence of the event giving rise to the claim and/or (ii) in the case of additional costs which are not recovered under the Operating Period Insurance, within 30 days of receiving notification from the insurer of this lack of recovery. This written notice shall set out the facts giving rise to the claim, shall make available to the District contemporaneous records relating to the claim and in addition shall include a detailed estimate of the claimed delay on the applicable performance deadline and/ or additional costs involved. The District shall, acting reasonably, determine within 30 days of receipt of such notice whether to approve or reject the Operator’s claim for extension of time/claim for additional costs and shall notify the Operator accordingly, providing reasons for its determination. In the event that the District determines that the Operator is entitled to additional costs, then such additional costs shall be recovered by the Operator through either an increase in rates by the District or direct payment of the claim if sufficient funds are available.
Other Rate Adjustments. 9.04.1 Notwithstanding the provisions of Sections 9.02 and 9.03, any rate for rentals, fees, or charges payable by the Signatory Airlines at an Airport may be adjusted by the Authority at any other time in the event of one or more of the following: (i) Current year-to-date unaudited financial data and/or activity statistics indicate that total rentals, fees, and charges payable at an Airport pursuant to the then current rates are projected by the Authority to vary by more than five percent (5%) from the total rentals, fees, and charges that would be paid during the Rate Period at that Airport if rates were based upon more current financial and activity data then available.
Other Rate Adjustments. Effective for dates of service on or after October 1, 2014, the transitional Medicaid reimbursement rate shall be increased by $1.85 of the rate in effect on September 30, 2014.
Other Rate Adjustments. The Service Rates assume a continuation of present laws and regulations and the administration thereof in substantially the same manner as on the effective date of this Agreement. Should any applicable law or regulation, or the administration or interpretation thereof by any governmental entity, change in any manner which requires Veolia to expend additional capital for labor, fuel, debt service, operating expenses (including the imposition of any new tax, fee or surcharge other than federal, state or local taxes based on net income) or any combination of these or similar factors, Veolia shall be entitled to calculate the annual impact thereof and increase its Service Rates to recover such added expense without profit, pro rata from Veolia customers. Veolia shall provide Customer information demonstrating the necessity for the expense and the rate increase.
Other Rate Adjustments a. The service charges as calculated in Section 16, above, are the only lawful amounts that can be charged to sanitary sewer customers in the Xxxx Creek Sewer District, except for (a) any applicable late-payment fees or returned check charges for customers who do not pay their bills in full by the due date; (b) any connection charges for new customer premises; and (c) any pretreatment charges that may be levied pursuant to the rules and regulations of DELCORA on any Non-Residential customers who are subject to the provisions of a pretreatment program required under the regulations of the Pa. Department of Environmental Protection, or such successor agency.
b. For the avoidance of any doubt, with the exception of any applicable late-payment fees, returned check fees, connection charges, or pretreatment charges, neither DELCORA nor any successor to DELCORA shall levy any charges, rates, fees, surcharges, capital costs, or other levies or assessments of any kind (which shall include any levy, assessment or charge by any person or entity other than DELCORA or any successor, including without limitation, Central Delaware County Authority (“CDCA”)), on customers in the Xxxx Creek Sewer District during the term of the Agreement, as it may be extended, other than as set forth in Section 16.
c. In the event that any levies or assessments related to the provision of wastewater service in the Xxxx Creek Sewer District are levied or assessed against the Township (or any Xxxx Creek Sewer District customers) over and above those permitted in Section 16 or Section 17(a), above, including without limitation, any such levies made against the Township by virtue of the Township’s membership in CDCA, the Township shall promptly notify DELCORA or any successor to DELCORA and DELCORA or any successor to DELCORA shall be responsible for the timely payment of such levies and assessments and shall not pass any such levies or assessments onto the Township or to customers in the Xxxx Creek Sewer District for payment.
