Price and Price Adjustments. 8.01 For all Coal delivered under this Agreement, Buyer shall pay Seller the base price as set forth in the Confirmation.
8.02 Seller shall be solely responsible for all assessments, fees, costs, expenses, and taxes relating to the mining, production, sale, use, loading and tender of Coal to Buyer or in any way accruing or levied prior to transfer of title to the Coal to Buyer and including, without limitation, severance taxes, royalties, ad valorem, black lung fees; reclamation fees and other costs, charges and liabilities. The base price Includes reimbursement to Seller of all environmental, land restoration and regulatory costs, including without limitation any reclamation costs required under applicable federal, state or local law as of the date of the Transaction. Buyer shall be responsible for any sales and/or use tax unless Buyer provides Seller an appropriate exemption certificate or similar document. The base price shall be subject to adjustments for changes in existing laws and regulations (including changes in levies and rates), or new laws or regulations, or changes in interpretations thereof enacted and in force during the term of sale set forth in the Confirmation that change Seller’s costs of producing Coal for delivery pursuant to any Confirmation. Notwithstanding the above, no price adjustment will occur under this Section until the cumulative effect of all such changes equals or exceeds $0.05 per ton for any calendar year under a Transaction. Seller shall use commercially reasonable best efforts to inform Buyer of any such change as soon as Seller becomes aware of such change and its effect on the base price of Coal hereunder.
8.03 The base price may also include an adjustment based upon the calorific value, sulfur content or other qualities of the Coal as the Parties may mutually agree upon and as set forth in the Confirmation.
8.04 In the event either the railroads or Buyer requires Seller to put additives in coal, including, without limitation, any dust control additives, treatments or processes, Seller may invoice Buyer at the reasonable costs of providing such services, which shall include but not be limited to, chemical costs, water costs, chemical application, application equipment maintenance and any royalties payable on the additive application. Any additives used shall be selected by Seller and will be industry qualified for use in the respective application.
Price and Price Adjustments. 10.1 The initial Supply Price for Products for the 2019 Calendar Year shall be set out in Exhibit 1 (Products) of this Agreement (calculated as Base Price plus applicable Margin as set out in Exhibit 16, Part C). The Supply Price of each Product for any subsequent Calendar Year shall equal the Base Price for such Calendar Year (as adjusted in accordance with clause 10.4, if applicable) plus the applicable Margin.
Price and Price Adjustments. Schedule B shall remain effective until December 31, 2021. Thereafter, Schedule C will apply effective on January 1, 2022.
Price and Price Adjustments. The price(s) / rates(s) agreed to between the District and the Supplier and stated on the PO shall not be adjusted unless a written amendment to the PO has been issued by the District.
Price and Price Adjustments. (a) The prices of Materials (including the cost of package and packing) are as set out on Exhibit B, subject to quarterly review. However, if Oplink at any time presents substantial documentary evidence that another producer of goods has lawfully offered Oplink goods of similar functionality and quality, and under similar terms and conditions (quantities, shipment terms, etc.), at a delivered cost at least 5% lower than the delivered cost hereunder, then Oplink will give Vendor written notice of such lower offer. If Vendor does not agree to reduce its price immediately to meet the lower offer within thirty (30) days of such notice, at the expiration of the thirty (30) day period, Oplink's only purchase obligation hereunder shall be to purchase Materials for which Releases have been issued by Oplink and confirmed by Vendor. Upon the purchase by Oplink of the Materials under those prior Releases, Oplink shall be deemed to have satisfied any and all purchase commitments and obligations hereunder, and shall not be subject to any penalty, price adjustment or other liability for failure to purchase any additional Materials from Vendor.
(b) In the event of any change in the Specifications pursuant to Clause 7 below, if Vendor can demonstrate that meeting the new specifications requires additional production costs on the part of Vendor, then Vendor may pass those additional costs (and only those costs) onto Oplink. Likewise, if the new specifications reduce Vendor's production costs, Vendor shall reduce the prices of the Materials accordingly.
Price and Price Adjustments. Article 9. Invoices, Payments, Netting, Set off, and Credit Ratings
Price and Price Adjustments. The price(s) agreed to by the City and the Supplier may not be adjusted unless accepted in writing by an authorized officer, employee or agent of the City.
Price and Price Adjustments. 7.1 Simplex shall sell the Airbrators to SDS at the price of two dollars U.S. (US $2.00) per Airbrator for Airbrators ordered prior to October 1, 1999. After October 1, 1999, Simplex has the right to increase the price for Airbrators by up to five percent (5%) once during each twelve (12) month period to reflect the increase in direct costs of assembly, raw materials, packaging or labeling of Airbrators. In addition, Simplex shall reduce the price for Arbitrators from time to time to reflect the decrease in direct costs of assembly, raw materials, packaging or labeling of Airbrators, including but not limited to any decrease calculated pursuant to Section 5.7.
7.2 Simplex will provide SDS with at least ninety (90) days written notice of any price increase. Price increases by Simplex will not apply to Airbrators ordered and not shipped prior to the effective date of any such price increase. Simplex will promptly notify SDS of any price decrease, which shall be effective upon receipt of such notice.
7.3 In the event that the exclusive distributorship appointment is converted to a non-exclusive distributorship appointment pursuant to Section 3.3 above, Simplex will sell the Airbrators to SDS at the most favorable price extended to any other party.
Price and Price Adjustments. 4.1 First Year Pricing. The Price for each particular Product will be listed in Schedule A of the applicable Product Agreement, and a Price may be adjusted under this Section 4.
4.2 Annual Price Adjustments. [***] Confidential Page 14 of 47
4.3 Price Adjustments at any Time. The Prices may be adjusted by Patheon at any time upon written notice to Client as follows:
Price and Price Adjustments. 9.01 For all Coal delivered under a Transaction, Buyer shall pay Seller the base price of Coal ("Base Price") set forth in the Applicable Confirmation, as adjusted where appropriate under Section 9.03.
9.02 Seller shall be solely responsible for all assessments, fees, costs, expenses, and taxes relating to the mining, production, sale, use, loading, and tender of Coal to Buyer or in any way accruing or levied prior to transfer of title to the Coal to Buyer under a Transaction (including, without limita- tion, severance taxes, royalties, ad valorem taxes, black lung fees, reclamation fees, and other costs, charges, and liabilities). The Base Price for each Transaction includes reimbursement to Seller of all environmental, land restoration, and regulatory costs (including, without limitation, any reclamation costs required under applicable federal, state, or local law) as of the date on which the Applicable Confirmation for that Transaction was issued ("Confirmation Date"). Buyer shall be responsible for any sales or use tax unless Buyer provides Seller an appropriate exemption certificate or similar document.
9.03 The Base Price for each Transaction shall be subject to adjustments for (i) changes in existing laws and regulations (including, without limitation, changes in levies and rates), (ii) new laws or regulations, or (iii) changes in interpretations of existing laws and regulations or new laws or regu- lations (collectively, "Governmental Impositions") if such changes in Governmental Impositions are enacted or occur after the Confirmation Date for that Transaction and change Seller's costs of producing Coal for delivery during the term of that Transaction. The Base Price set forth in the Applicable Confirmation includes Seller's costs of compliance, as of the Confirmation Date, with all applicable Governmental Impositions and all other taxes, fees, and obligations imposed by any fed- eral or state laws or regulations known or in effect as of the Confirmation Date. The following provi-
(a) No adjustment shall be made under Section 9.03 for costs associated with any applicable Gov- ernmental Imposition or other tax, fee, or other obligation imposed by any federal or state law or regulation that is in effect as of the Confirmation Date or is known as of the Confirmation Date (but not effective until thereafter), regardless of whether Seller's costs as of the Confirmation Date fully reflected such costs.
(b) To the extent not prohibited by or inconsistent ...
