PRICE AND PRICE ADJUSTMENT. 4.1 Price
PRICE AND PRICE ADJUSTMENT. A. Contract Parameters The MCPH Rate is predicated on the parameters set forth below:
1. A fleet of ten (10) new B747-400 aircraft, powered by new CF6-80C2B1F Engines, to be identified by serial number and estimated to be delivered as set forth in Appendix "B" attached hereto, operated by Buyer for the duration of this Agreement, provided that Buyer takes delivery of at least two (2) aircraft per year beginning in 1998 and takes delivery of at least ten (10) aircraft by the end of 2001. In addition these parameters will apply to up to ten (10) optional aircraft which may be acquired by Buyer.
4. Article II. (Continued)
5. A route structure which includes not more than *** of total takeoffs and landings by aircraft contemplated by this Agreement in Africa, the Middle East, India, and Mexico. Should Buyer exceed the *** threshold, Buyer shall pay ***, per aircraft in the covered fleet per year for each percentage point (rounded to the next whole percentage point) in excess of the threshold. Should Buyer exercise the option to include additional Engines under this Agreement, the threshold for those option Engines shall be ***. The parties shall evaluate route structure data quarterly and reconcile any payments due for Buyer operation in excess of the threshold during January of each year. The parameters set forth in Paragraphs 2. through 5. above will be evaluated by ESI and Buyer quarterly. Buyer shall provide information relative to Engines covered by this Agreement, at ESI's request, including (but not limited to information available through ACARS) in accordance with a mutually agreed upon format. In addition to the adjustment specified in Paragraph A.7., below, should Buyer deviate from the parameters specified above, the Base Price per Engine Flying Hour ("EFH") shall be adjusted as set forth in Attachment "A". Such adjustment shall apply to all future EFH until a subsequent adjustment occurs.
6. Line Maintenance performed by Buyer, as set forth in Section 2., Article III., Paragraph A.6.
7. Engine spares and Equipment quantity as set forth in Section 2 - Article II., below, for Buyer's Fleet of Ten (10) B747-400 Aircraft.
B. Base Pricing The Base Year for Prices specified in this Agreement is ***. All Base Prices(s) are stated in United States Dollars per EFH.
C. MCPH Rate
1. Base Price Base Prices are as follows: Basic Engine Price Per Basic Engine Price Per Engine Year EFH (10 Firm Aircraft) EFH (10 Option Aircraft) ----------- ----------------------...
PRICE AND PRICE ADJUSTMENT a. The prices referred are exclusive of BTW (Dutch VAT) and cover all costs related to compliance with the obligations of the supplier.
b. The prices are fixed, unless the agreement lists the circumstances which can result in price adjustments, and the manner in which the adjustment will take place.
PRICE AND PRICE ADJUSTMENT. 4.1 Price Break up as Follows: - Nett PMT
PRICE AND PRICE ADJUSTMENT. [REDACTED]
PRICE AND PRICE ADJUSTMENT. Section 7.01 - FOB Barge..............................................25 Section 7.02 - Price..................................................25 Section 7.02.1 - Contract Price.........................................25 Section 7.03 - Price Adjustments......................................26 7.03.1 - Contract Price Adjustment..............................26 7.03.2 - Quality Adjustment.....................................27 7.03.3 - Quality Administration.................................29 Section 7.04 - Price Escalation Caps..................................29 Section 7.05 - Payment................................................30 ARTICLE VIII FORCE MAJEURE Section 8.01 - Definition.............................................31 Section 8.02 - Effect.................................................31 ARTICLE IX NEW LEGISLATION Section 9.01 - General Rule...........................................32
PRICE AND PRICE ADJUSTMENT. 8.1 The price for the Products shall be as set out in and calculated in accordance with the relevant UPC (“Price”). Unless otherwise set out in the relevant UPC or Call-Off, the Price may not increase over the period specified in an relevant UPC or Call-Off and shall be exclusive of any applicable Value Added Tax or any equivalent tax ("VAT"), which shall be added by the Supplier to the Product invoice. Payment terms shall be set out in the relevant UPC or Call-Off.
8.2 Where the day nominated or determined for payment in accordance with the applicable payment term is not a working day, then the day for payment shall be the first working day after the day so nominated or determined. For the purposes of this clause, a working day means a day on which banks are open for general business in the country in which the Buyer is located. If interest is payable on late payment of any sum, the interest payable shall never be more than 6% per annum.
8.3 If the Suppliers Parent or a Supplier is in breach of its obligations under this Agreement, the Buyer or other Unilever Group company which has suffered from the breach shall be able to claim against the relevant Supplier or Suppliers Parent.
PRICE AND PRICE ADJUSTMENT. (a) The price for Product delivered hereunder shall initially be [**] per ccf (the "BASE PRICe") FOB delivered to the Airgas location, or for co-located facilities, delivered into the Storage Trailer utilized as Airgas' helium storage vessel at the facility, subject to adjustment pursuant to Sub-Paragraph 6(b).
(b) Effective [**], the price for Product shall be adjusted (up or down) by [**] ("ADJUSTMENT Period").
(c) Notwithstanding the foregoing, in the event that BOC projects, in good faith, that BOC's US Cocktail Mix cost will change by [**] during any Adjustment Period, as compared to the previous Adjustment Period, BOC shall adjust the price for Product hereunder by [**] of the projected price adjustment for the next [**] effective the [**] prior to the next price adjustment date (referred to hereinafter as a "[**] PRICE ADJUSTMENT"). In such case, the price for Product effective the following [**] shall be calculated in the same manner as if the [**] Price Adjustment had not taken place. No further adjustments shall be made due to any inaccuracy of BOC's good faith projection of the change in BOC's US Cocktail Mix cost as long as BOC's projection was accurate to within +/- 1%. However, in the event that BOC's projection was inaccurate by more than 1%, the price for Product shall be adjusted retroactive to the [**] effective date of the [**] Price Adjustment. The adjusted price effective [**] shall be the price for Product effective prior to the [**] Price Adjustment, plus [**] of the change in the price for Product based on the actual change in BOC's US Cocktail Mix cost. A credit or additional billing will be issued by BOC within thirty (30) days after completion of the calculation of the value of BOC's US Cocktail Mix cost.
(d) Upon completion of the calculation of BOC's US Cocktail Mix cost, BOC will provide to Airgas
(i) the percentage of BOC's total supply included in the calculation from each source, and (ii) the percentage change in price for each of those sources from the previous Adjustment Period.
(e) Airgas shall have the right to audit BOC's calculation of BOC's US Xxxxxxil Mix cost after notifying BOC in writing of its intent to conduct an audit which shall be completed within ninety (90) days of Airgas' receipt of the result of BOC's calculation. Such audit will be conducted by a mutually acceptable third-party auditor. The auditor shall only disclose to Airgas whether BOC has completed the calculations in accordance with the provisions...
PRICE AND PRICE ADJUSTMENT. Value added tax is not included. The charges shall always be subject to alteration by AXI prior to the commencement of each support period. The Customer will be notified in writing of any such alteration not less than three months before the end of the current support period.
PRICE AND PRICE ADJUSTMENT. 9.1 Natural Gas delivered under this Agreement in each Contract Year (or to be paid for whether delivered or not) shall be paid for in the manner and at the prices following.
9.2 The Initial Base Price (IBP) shall be US. Dollars two decimal three zero (2.30) for each one million (1,000,000) BTUs.
9.3.1 In the Month immediately preceding the RIP established under Sub-clause 4.2.3 and in the Month of September every Year thereafter for the duration of this Agreement, the IBP shall be used to calculate the Current Price in the following manner and the Current Price so obtained shall become effective on the first (1st) Day of October immediately following and remain effective until the thirtieth (30th) Day of September the following Year unless previously changed under Sub-clause 9.
9.3.2 Four prices (Ay, By, Cy, Dy) shall be calculated according to the four formulae in Sub-clauses 9.3.2(i), 9.3.2(ii), 9.3.2(iii) and 9.3.2
