Common use of Positivity Adjustment Clause in Contracts

Positivity Adjustment. With respect to any Employment Assessment Services involving laboratory testing for drugs of abuse, if the average number of specimens submitted by you which test positive under initial screening tests is more than 12% in any three-month period, FormFox may notify you, and you and FormFox will discuss in good faith an appropriate surcharge or increase in fees to account for the increased cost from the higher-than-expected positivity rates.