Other Rate Changes Clause Samples

Other Rate Changes. Changes that result in a detrimental change in circumstances or a material hardship for the Contractor in performing this Contract may be the subject of a request by the Company for a rate adjustment, subject to review and approval by the City, at the City’s reasonable discretion. Such determination shall be a discretionary act of the City, but will be taken only following consultation with the Company. The Company understands that the City’s determination regarding service and rates may be influenced by public health, safety and welfare, law and police regulation, including policies to encourage waste reduction and recycling.

Other Rate Changes. Rates for rentals, fees and charges may be changed at any other time that unaudited monthly Airport financial data indicates that total rentals, fees and charges payable pursuant to the then current rate schedules are estimated and anticipated by AUTHORITY to vary by more than ten percent (10%) from the total rentals, fees and charges that would be payable based upon the use of the monthly financial and statistical data then available for said Fiscal Year or at any time when Revenues, less O&M Expenses, is projected to be less than one hundred twenty five percent (125%) of the amount of Debt Service. In the event such recalculated rates result in a reduction from the then-current rates payable by Signatory Airlines, AUTHORITY and Signatory Airlines constituting an MII may agree to maintain the then-current rates. Rates for rentals, fees and charges may also be changed whenever required by the terms and provisions of any Resolution(s) or other financing document(s) of the County or AUTHORITY; provided, however, that the Signatory Airlines’ total rental, fees and charges payable to AUTHORITY shall be allocated to AIRLINE in accordance with this Agreement.

Other Rate Changes. A. Rates for rentals, fees, and charges may be changed at any other time that unaudited monthly AUTHORITY financial data indicates that total rentals, fees, and charges payable pursuant to the then-current rate schedules are reasonably estimated and anticipated by AUTHORITY to vary by more than ten percent (10%) from the total rentals, fees, and charges that would be payable based upon the use of the monthly financial data then available for said Fiscal Year. In the event such recalculated rates result in a reduction from the then-current rates payable by Signatory Airlines, AUTHORITY and Signatory Airlines constituting an MII may agree to maintain the then-current rates. Rates for rentals, fees, and charges may also be changed whenever required by the terms and provisions of the Resolution; provided, however, that Signatory Airlines' total rentals, fees, and charges payable to AUTHORITY shall be allocated to AIRLINE in accordance with this Agreement. B. The AUTHORITY will conduct a formal review of rentals, fees, and charges payable by Signatory Airlines after approximately six months (Mid-Year Review) in the current Fiscal Year, based on unaudited financial information available at that time. Rates for rentals, fees, and charges to the Signatory Airlines will be changed pursuant to the provisions in Paragraph 8.02A. C. Rentals, fees, and charges payable by AIRLINE and determined in accordance with the provisions of this Agreement from the implementation of a capital improvement program shall commence upon the earlier of Substantial Completion or the date to which interest has been capitalized for the series of Bonds or Subordinated Indebtedness issued to finance such element of a capital improvement program; provided, however, in the event any Debt Service applicable to any Landing Area, Ramp Area, or Terminal project(s) included in a capital improvement program shall become payable from Revenues, rate(s) for rentals, fees and charges applicable to such project(s) or the Cost Center in which such project(s) are located shall be revised by AUTHORITY and payable by AIRLINE commencing on the date(s) of the period(s) for which Debt Service for such project(s) becomes payable from Revenues, to include Debt Service, Debt Service Coverage, and O&M Expenses attributable to said project(s).

Other Rate Changes. A. Rates for Rentals, Fees, and Charges may be changed at any other time that unaudited monthly Airport System financial statements indicate that the total Rentals, Fees, and Charges pursuant to the then current rate schedules are reasonably estimated and anticipated by AVIATION to increase or decrease by more than ten percent (10%) from the total Rentals, Fees and Charges that would be payable based upon the use of monthly financial data then available for said Fiscal Year. Rates for Rentals, Fees, and Charges shall also be changed whenever required by the terms and provisions of the Master Indenture; provided, however, that Signatory Airlines’ total Rentals, Fees, and Charges payable to AVIATION shall be allocated to AIRLINE in accordance with this Agreement.