Price and Adjustments. 2.3.1 For each calendar month during the Delivery Period, and except as otherwise provided in this Agreement, PGE shall pay Seller for the Generating Facility Output delivered to the Generating Facility Delivery Point in the sum of the following:
(a) hourly Generating Facility Output, each up to [105%] of the Specified Amount for such month, multiplied by the Energy Fixed Price; plus
(b) hourly Excess Energy multiplied by the lesser of (i) [93%] of the Market Index Price, or (ii) [75%] of the Energy Fixed Price; plus
(c) for each hour that the Market Index Price is negative, the hourly Delivered Energy Quantity multiplied by [107%] of the Market Index Price.
2.3.2 For each calendar month during the Delivery Period, and except as otherwise provided in this Agreement, the total amount due from PGE to Seller for Storage Capacity shall be calculated as follows:
(a) the Storage Facility Contract Price multiplied by the Contract Storage Capacity, less
(b) the Guaranteed Availability Adjustment for such year, if any, less
(c) the Guaranteed Round-Trip Efficiency Adjustment for such year, if any, less
(d) the Guaranteed Contract Storage Capacity Adjustment, if any, less
(e) Storage Facility Test Energy costs that Seller is responsible for pursuant to Section 3.4.8(a)(iii), if any. An indicative example illustrating the determination of payment due under this Section 2.3 is set forth in Exhibit I.
Price and Adjustments. 18 3.1 Price .......................................................... 18 3.2 Adjustments .................................................... 19
Price and Adjustments. (a) In each Contract Year the price paid for the Cliffs Pellets purchased and sold hereunder shall be determined as follows:
(i) First, taking each kind of Basic Cliffs Pellets separately, the price per iron unit shall be determined as provided in Section 6(b).
(ii) Second, the price per iron unit for any kind(s) of Other Cliffs Pellets shall be determined as provided in Section 6(c).
(i) Empire Pellets shall have the following base price per iron unit ("BASE PRICE PER IRON UNIT") for the [* * * *]: Base Price per
Price and Adjustments. (a) Initial Prices: The unit prices for the Components as of the -------------- effective date of this Agreement are stated in the Supply Schedule (Annex "A"). GM and DRA understand the current prices listed in Annex A are market competitive as of Fall 1993. In addition, the parties agree that GM's standard non-ferrous metals price adjustment policies will apply throughout the term of this Agreement.
Price and Adjustments. A. The Agreement Price(s) for Contractor Services is set forth in Scope of Services and Price.
B. Contractor will have no duty to handle Non-Conforming Materials unless Customer and Contractor mutually agree to terms including cost for the handling of such Non-Conforming Materials on a case-by-case basis. If Contractor discovers material is Non Conforming after it takes possession, then Customer shall reimburse all costs and expenses of Contractor in handling such Non-Conforming Material until Customer arranges for removal and transportation of such Non-Conforming Material for appropriate processing and disposal. plus 10% of such costs and expenses.
Price and Adjustments. (a) In each year the price paid for the Cliffs Pellets purchased and sold hereunder shall be determined as follows:
(i) First, taking each kind of Basic Cliffs Pellets separately, the Base Price per Iron Unit shall be determined, based on an annual purchase of [* * * *] tons, as provided in Section 6(b).
(ii) Second, taking each kind of Basic Cliffs Pellets separately, the Base Price per Iron Unit shall be adjusted based on the amount of Cliffs Pellets purchased and sold, either up or down, as provided in Section 6(c), to determine the Adjusted Expected Price per Iron Unit.
(iii) Third, the Adjusted Expected Price per Iron Unit for any kind(s) of Other Cliffs Pellets shall be determined as provided in Section 6(d).
(i) Basic Cliffs Pellets shall have the following "BASE PRICE PER IRON UNIT" for the year 2002:
Price and Adjustments. (i) The price for the Hibbing Pellets sold and purchased in each of the years 2000 and thereafter under Section 2 at the Port of Allouez, Wisconsin, shall be based on the 1999 base price of [* * * *] iron unit, based on actual natural iron content, f.o.b. vessel, Port of Alloxxx, Xxxxxxxxx ("0000 xxxusted Hibbing price per iron unit") (the 1999 adjusted Hibbing price [* * * *] based on natural iron content of 64.50%), which 1999 adjusted Hibbing price per iron unit shall then be adjusted, up or down, in the year 2000 and each year thereafter by an amount as determined in accordance with Section [* * * *] below.
(ii) The price of the Northshore pellets sold and purchased in each of the years 2000 and thereafter under Section 2 at the Port of Silver Bay, Minnesota, shall be based on the 1999 base price of [* * * *] iron unit, based on actual natural iron content, f.o.b. vessel, Port of Silvxx Xxx, Xxxxxxxxx ("0000 xxxusted Northshore price per iron unit") (the 1999 adjusted Northshore price [* * * *] based on natural iron content of 63.73%), which 1999 adjusted Northshore price per iron unit shall then be adjusted, up or down, in the year 2000 and each year thereafter by an amount as determined in accordance with Section [* * * *] below.
(b) In order to determine the adjusted price to be paid each year for the [* * * *] Pellets and [* * * *] Pellets, as provided for under Sections [* * * *] and [* * * *]:
(1) [* * * *]
(A) [* * * *]
Price and Adjustments. (a) The prices and the price adjustments for all sales of Cliffs Pellets made to WCI during 2004 shall continue to be governed by the terms and conditions of Section 6 of the Original Contract notwithstanding the execution and effectiveness of this Agreement; provided, however, that the provisions of Section 9 of this Agreement shall apply to the sale of all Cliffs Pellets occurring on and after the effective date of this Agreement.
(b) The 2004 price per iron unit for Cliffs Pellets, to be delivered by Cliffs to vessels determined under Section 12 hereof at the Upper Lake Port (as defined in Section 12 below) (the "2004 Base Price per Iron Unit") shall be as follows: Northshore Pellets shall have a 2004 Base Price per Iron Unit of [*****] (which at the expected natural iron content of 63.57% for Northshore Pellets equals [*****] per ton); Hibbing Pellets shall have a 2004 Base Price per Iron Unit of [*****] (which at the expected natural iron content of 64.50% for Hibbing Pellets equals [*****] per ton); Xxxxxx Pellets shall have a 2004 Base Price per Iron Unit of [*****] (which at the expected natural iron content of 60.58% for Xxxxxx Pellets equals [*****] per ton); and UTAC Pellets shall have a 2004 Base Price per Iron Unit of [*****] (which at the expected natural iron content of 64.22% for UTAC Pellets equals [*****] per ton). The 2004 Base Price per Iron Unit for Cliffs Pellets shall be adjusted, up or down, in accordance with the provisions of Section 6(c) below.
(c) In order to determine escalator element adjustments to the final price for the years 2005 through 2014, and each year thereafter if the Agreement is extended beyond 2014, as provided for under Section 16(c) below, the 2004 Base Price per Iron Unit for Cliffs Pellets and each of the following respective year's then adjusted final price per iron unit for Cliffs Pellets shall be adjusted, up or down, each year for the year in determination, by an amount equal to the sum of items (1), (2), (3) and (4) as calculated below:
(1) [*****] of the amount obtained by multiplying the preceding year's final adjusted price per iron unit for Cliffs Pellets times the decimal determined by:
(x) dividing the numerator, which is the amount by which the arithmetical average of the Producer Price Index ("PPI") For [*****] - Series ID: [*****] and the PPI for [*****] - Series ID: [*****], both published by the United States Department of Labor (collectively, the "Average PPI [*****]"), for the year in determ...
Price and Adjustments. Any price decrease effectuated during the term of the Contract and/or any time specified for performance therein, either by reason of market change or on the part of the Contractor to other customers, shall be passed on to the Town.
Price and Adjustments. A. Products; Price and Price Adjustments -------------------------------------
(1) The initial prices for Products are listed on Exhibit "A" annexed hereto and made a part hereof (the "Base Prices") .
(2) The Base Prices shall remain in force and effect for all orders submitted by the Buyer during the Stated Term of this Agreement, unless changed by mutual agreement of the parties hereto, or as hereinafter provided. Where, however, Supplier purchases any raw materials or components directly, then in the event that there is a change in Supplier's actual costs per unit for components bought by Supplier directly and contained in Buyers Products then, upon Supplier's verification of such changes in its actual costs, the Base Prices shall be adjusted forthwith to reflect such increases or decreases as the case may be at that time. In such case, Supplier has supplied to Buyer current costs on such component items to be supplied by Supplier as Exhibit C attached hereto and made a part hereof. Additionally, Buyer shall supply and pay the number of direct factory workers working on Buyer's Products from an Independent Worker Contracting Company that leases employees in the Noida Special Economic Zone outside New Delhi, India. Supplier shall bear all fire, flood, storm, theft, vandalism, credit, and all other business risks until the Products are loaded in Buyer's container.
B. Favored Nations Pricing ----------------------- Notwithstanding anything to the contrary, express or implied, contained in Section 4A above, the parties hereto do hereby expressly covenant and agree that the Buyer shall be entitled to receive throughout the Stated Term of this Agreement the lowest Base Prices on similar terms and conditions to which any other party has or is receiving, or may, from time to time, receive, from Supplier for the Products. Additionally, Buyer shall seek quotes from other independent assembly operations or manufacturers of similar quality gloves using similar raw materials, and if such operations quote lower prices than Supplier shall match those lower quoted prices.