Price Adjustment Clause. If any taxing authority that has jurisdiction makes or proposes to make any assessment or reassessment to one of the parties to the Agreement with respect to income tax or any other tax based on the fact that the intercompany service charge is greater or less than an arm’s length charge, then the intercompany service charge should be augmented retroactively, in respect of the period assessed. If the Services performed by Service Provider change significantly in the future, Service Provider and Service Recipient may agree to adjust the Services Fee.
Price Adjustment Clause. If any change orders occur during the modernization or the included maintenance of the project, the cost shall be based on the identified rates below. Base rates for the above contract price are: Labor Rate Including If work in accordance with the Maintenance Specifications is requested by the Owner to be completed on overtime, the Owner will pay only the difference between normal and overtime labor (premium portion) at the hourly rates indicated hereafter: Bonus Time Rate Team Mechanic Helper Double Time: Holiday If work is required outside the scope of this agreement, the Owner will pay for labor at the hourly rates indicated hereafter: Straight Time: Time and Seven / tenths (Add) Team Mechanic Helper Double Time: Holiday In addition, should parts or materials be needed for work outside the scope of this contract, these shall be billed by the Contractor at a maximum of cost plus 10 % under the AIA guidelines. Owner has the right to verify cost through proper documentation by Contractor. NOTICE:
Price Adjustment Clause. Vendor may propose a price increase, solely for the base cost of the equipment/product, with each new model year offered. It is the responsibility of Vendor to notify Owner, in writing, of any manufacturer price increases. Price increases will be a “pass-through,” Vendor must not receive a higher profit margin than established in the original contract pricing. Owner must receive a receipt of written notice of the manufacturer’s increase, along with supporting documentation from the manufacturer before the price increase may be effective. Vendor will have fourteen (14) business days to provide current price information, to be verified by Owner, prior to any price increase. If Vendor cannot meet the deadline, the current contract prices will govern and remain in effect until verification of pricing. If price decreases become effective for Vendor, Owner and Participating Entities will be given immediate benefit of the price decrease, beginning the date the price decrease was available to Vendor. Owner reserves the right to request supporting documentation from Vendor for price verification of equipment/products. The manufacturer must provide the requested documentation to Owner. This requirement helps to ensure that Participating Entities are receiving the most current pricing offered. Any contract pricing adjustments will be made and finalized via an amendment to the Contract.
Price Adjustment Clause. Renewal of this contract shall be for the original bid price; however, if the option to renew is exercised, TWC will permit a price adjustment upwardly or downwardly after the end of the first contractual period and each renewal period when correlated with the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), U.S. City Average, (All items) published by the Bureau Labor Statistics (BLS), Washington D.C. The initial contractual period rate may be adjusted by the latest announced change in the CPI-W for the prior 12-month period, limited to a maximum of 4% increase per contract period or any amount of decrease. At any time during the contract, in the event of government mandated increases in minimum wages and/or federal FICA or Social Security tax rates, TWC may allow a proportional rate increase.
Price Adjustment Clause. (i) The Parties agree that the compensation referred to aforesaid is subject to adjustment (a "primary service fee adjustment") by JHD or JHUSA based on the annual fair market value of the services attributable to JHUSA or JHD, as the case may be.. Both parties agree to notify each other in writing of any primary service fee adjustment. In the event the primary service fee adjustment results in payment of additional fee, JHUSA or JHD, as the case may be, shall pay to the other party the amount of such adjustment within thirty (30) days of receipt of a notice of service fee adjustment. In the event the primary service fee adjustment results in a reduction of the service fees already paid, JHUSA or JHD, as the case may be, shall pay to the other party the amount of such adjustment within thirty (30) days of receipt of a notice of primary service fee adjustment.
(ii) The Parties agree that the compensation is intended to be neither greater nor less than the fair market value of the relevant services in the context of the circumstances in which such services are provided. If any taxing authority having jurisdiction in accordance with the provisions of applicable law issues, or proposes to issue, assessments or reassessments of additional liability for taxes or any other subject by reason of asserting that the amounts of such compensation is less than or greater than the fair market value of the relevant services in the context of the circumstances in which such services are provided (a "secondary service fee adjustment") and the Parties agree with the adjustment issued or proposed by such taxing authority or if they do not agree, any dispute in that connection has been finally determined in accordance with applicable law including without limitation a proceeding between relevant taxing authorities acting as the Competent Authorities in accordance with the terms of an income tax convention, then the amount of such secondary service fee adjustment shall be paid by JHUSA or JHD, as the case may he, in accordance with the procedure contemplated above but if necessary to satisfy the requirement of applicable law in a period less than thirty (30) days.
(iii) The Parties specifically confirm their intention and agreement that neither the amount of any primary service fee adjustment nor the amount of any secondary service fee adjustment is or should be understood to be or treated as an amount in the nature of a dividend, deemed dividend or other distribution of income...
Price Adjustment Clause. In the event the Contractor does not request a price increase at the time of the Contract renewal, and the manufacturer(s) subsequently announces a general increase in the price of their products, the Contractor may request an increase at that time. The Contractor must provide detailed supporting documentation from the manufacturer to support the requested increase. The requested increase shall not exceed the percentage increase indicated in the “General Contract Terms and Provisions (GCTAP), Section 3.4 (Exhibit C). The requested increase will be evaluated by the City, and the City reserves the right to accept or reject such request. In the event that a requested increase exceeds the GCTAP, the City reserves the right to accept or reject such request.
Price Adjustment Clause. The Parties agree that it is their intention that the consideration for the NPI granted hereby be the fair market value thereof on the date hereof and the Parties agree on a bona fide basis that the fair market value shall equal $500,000,000. The Parties however further agree that should it be determined by:
(a) an agreement between the Parties;
(b) an agreement between the Parties and the Canada Revenue Agency or other competent taxing authority; or
(c) a final decision of a tribunal or court of competent jurisdiction in respect of which no further appeal may be taken or in respect of which the applicable appeal periods have elapsed; that fair market value of the NPI on the date hereof has been determined in error, the amount thereof will be increased or decreased as the case may require nunc pro tunc as of the date of such payment and if increased the NPI Holder shall pay such excess amount to the Grantor and if decreased the Grantor shall pay such amount to the NPI Holder. Adjustment pursuant to subclause (b) hereof shall preclude adjustment pursuant to subclause (a) hereof and adjustment pursuant to subclause (c) hereof shall be final and binding.
Price Adjustment Clause. The intention of the Parties is that the fair market value of the consideration for the HPT Shares is to be equal to the fair market value of the Consideration Shares on the Closing Date. If, at a subsequent time, the fair market value of the HPT Shares is determined for any reason, including without limitation:
2.4.1 by agreement by the Parties;
2.4.2 under a settlement approved by the Parties and either the CRA or IRS, as applicable; or
2.4.3 under a determination by the either the CRA or the IRS, or a court of competent jurisdiction (beyond the time for any right of further appeal, or by the expiry or waiver of the time for the right to appeal that determination), to be different from the fair market value of the consideration given by the Trustee to the HPT Shareholders pursuant to this Agreement for the HPT Shares, then:
2.4.4 the HPT Shareholders and the Trustee will make the appropriate adjustments so that the fair market value of the consideration given by them to the HPT Shareholders for the HPT Shares is equal to the fair market value of the HPT Shares as on the Closing Date (as re-determined and approved by the HPT Shareholders and the Trustee in accordance with this Section 2.4) by adjusting the amount of the consideration given by them under Section 0, or otherwise as the Parties see fit; and
2.4.5 any adjustment under this Section 2.4 will be made effective as of the Closing Date.
Price Adjustment Clause. (a) ACCC and the Partnership confirm that the Purchase Price is intended to be the aggregate fair market value ("FMV") of the Acquired Assets at the Effective Time. If any taxing authority having jurisdiction makes or proposes to make an assessment or reassessment of tax on the basis that the aggregate FMV of the Acquired Assets at the Effective Time differs from that set out in Schedule 2.02, then the Purchase Price will be adjusted to reflect the FMV of the Acquired Assets at the Effective Time that:
(i) is agreed upon by such taxing authority, ACCC and the Partnership in settlement of such proceeding;
(ii) serves as the basis for such proceeding against which no defence or appeal is taken; or
(iii) is established by a court or tribunal of competent jurisdiction on the defence of or appeal from such proceeding after all rights of appeal have been exhausted or after all times for appeal have expired without appeals having been taken by any of the parties hereto or such taxing authority.
(b) The Purchase Price, as so adjusted, will be deemed to be, and always to have been, the amount so determined and the parties will make all adjustments necessary to give effect to this Section 2.04, including the necessary amendments to the allocation of Purchase Price set out in Schedule 2.02.
(c) For greater certainty, the number of Class A Units issued pursuant to Section 2.03(1)(b) shall not be adjusted notwithstanding any adjustment contemplated in this Section 2.04.
Price Adjustment Clause. The Consultant hereby certifies, covenants, and warrants that wage rates and other factual unit costs supporting the compensation for this project’s agreement are accurate, complete and current at the time of contracting. The Consultant further agrees that the original agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the Department determines the agreement price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such agreement adjustments shall be made within one
(1) year following the end of the contract. For the purposes of this certificate, the end of the agreement shall be deemed to be the date of final billing or acceptance of the work by the Department, whichever is later.
