Common use of Price Change Clause in Contracts

Price Change. Seller may increase any price (except price based on a contractually agreed formula or reference publication) of the Contract at any time by giving advance verbal or written notice of the change and its effective date to Buyer. Buyer’s failure to deliver written objection to such change to Seller prior to its effective date will constitute Buyer’s acceptance of such change. Should Buyer so object, Seller may elect to continue to supply Buyer at the price, freight term and/or payment term in effect prior to the effective date of such change or at such new price, freight term and/or payment term to which the parties may agree, or to terminate the Contract as to any Product to which such change applies as of the effective date of such change or effective any date thereafter by giving Buyer five (5) days advance written notice of such termination. Seller at any time may reduce or remove a temporary voluntary allowance or other similar competitive allowance off Seller’s list price without advance notice to Buyer, and notwithstanding any provision herein or in the Specific Terms, such action will not be deemed a change of price requiring advance notice. If the reference publication used to determine price no longer publishes the price or the published price ceases to represent the market in the same manner as at the start of the Contract, then Seller will nominate, in writing, an adjustment thereto, a replacement index or another pricing mechanism (“Seller’s Nomination”). Buyer will have thirty (30) days from the date of Xxxxxx’s Nomination to accept or reject such Nomination. In the event Buyer does not accept Seller’s Nomination, the Contract will automatically terminate. To the extent the price paid hereunder is based on a reference publication, the prices for Products purchased hereunder or other information pertaining thereto may not be submitted or otherwise communicated to the reference publication for inclusion in a pricing survey. Xxxxx recognizes that inclusion of such prices in such a pricing survey would inappropriately affect Xxxxx’s prices hereunder.

Price Change. Seller may increase any price (except price based on a contractually agreed formula or reference publication) of the Contract at any time by giving advance verbal or written notice of the change and its effective date to Buyer. Buyer’s failure to deliver written objection to such change to Seller prior to its effective date will constitute Buyer’s acceptance of such change. Should Buyer so object, Seller may elect to continue to supply Buyer at the price, freight term and/or payment term in effect prior to the effective date of such change or at such new price, freight term and/or payment term to which the parties may agree, or to terminate the Contract as to any Product to which such change applies as of the effective date of such change or effective any date thereafter by giving Buyer five (5) days advance written notice of such termination. Seller at any time may reduce or remove a temporary voluntary allowance or other similar competitive allowance off Seller’s list price without advance notice to Buyer, and notwithstanding any provision herein or in the Specific Terms, such action will not be deemed a change of price requiring advance notice. If the reference publication used to determine price no longer publishes the price or the published price ceases to represent the market in the same manner as at the start of the Contract, then Seller will nominate, in writing, an adjustment thereto, a replacement index or another pricing mechanism (““ Seller’s Nomination”). Buyer will have thirty (30) days from the date of Xxxxxx’s Nomination to accept or reject such Nomination. In the event Buyer does not accept Seller’s Nomination, the Contract will automatically terminate. To the extent the price paid hereunder is based on a reference publication, the prices for Products purchased hereunder or other information pertaining thereto may not be submitted or otherwise communicated to the reference publication for inclusion in a pricing survey. Xxxxx Buyer recognizes that inclusion of such prices in such a pricing survey would inappropriately affect Xxxxx’s prices hereunder. 5.

Price Change. Seller may increase any price (except price based on a contractually agreed formula or reference publication) of the Contract at any time by giving advance verbal or written notice of the change and its effective date to Buyer. Buyer’s failure to deliver written objection to such change to Seller prior to its effective date will constitute Buyer’s acceptance of such change. Should Buyer so object, Seller may elect to continue to supply Buyer at the price, freight term and/or payment term in effect prior to the effective date of such change or at such new price, freight term and/or payment term to which the parties may agree, or to terminate the Contract as to any Product to which such change applies as of the effective date of such change or effective any date thereafter by giving Buyer five (5) days advance written notice of such termination. Seller at any time may reduce or remove a temporary voluntary allowance or other similar competitive allowance off Seller’s list price without advance notice to Buyer, and notwithstanding any provision herein or in the Specific Terms, such action will not be deemed a change of price requiring advance notice. If the reference publication used to determine price no longer publishes the price or the published price ceases to represent the market in the same manner as at the start of the Contract, then Seller will nominate, in writing, an adjustment thereto, a replacement index or another pricing mechanism (“Seller’s Nomination”). Buyer will have thirty (30) days from the date of Xxxxxx’s Nomination to accept or reject such Nomination. In the event Buyer does not accept Seller’s Nomination, the Contract will automatically terminate. To the extent the price paid hereunder is based on a reference publication, the prices for Products purchased hereunder or other information pertaining thereto may not be submitted or otherwise communicated to the reference publication for inclusion in a pricing survey. Xxxxx Buyer recognizes that inclusion of such prices in such a pricing survey would inappropriately affect Xxxxx’s prices hereunder. 5.

Price Change. Seller may increase any price (except price based on a contractually agreed formula or reference publication) of the Contract at any time by giving advance verbal or written notice of the change and its effective date to Buyer. Buyer’s failure to deliver written objection to such change to Seller prior to its effective date will constitute Buyer’s acceptance of such change. Should Buyer so object, Seller may elect to continue to supply Buyer at the price, freight term and/or payment term in effect prior to the effective date of such change or at such new price, freight term and/or payment term to which the parties may agree, or to terminate the Contract as to any Product to which such change applies as of the effective date of such change or effective any date thereafter by giving Buyer five (5) days advance written notice of such termination. Seller at any time may reduce or remove a temporary voluntary allowance or other similar competitive allowance off Seller’s list price without advance notice to Buyer, and notwithstanding any provision herein or in the Specific Terms, such action will not be deemed a change of price requiring advance notice. If the reference publication used to determine price no longer publishes the price or the published price ceases to represent the market in the same manner as at the start of the Contract, then Seller will nominate, in writing, an adjustment thereto, a replacement index or another pricing mechanism (“Seller’s Nomination”). Buyer will have thirty (30) days from the date of Xxxxxx’s Nomination to accept or reject such Nomination. In the event Buyer does not accept Seller’s Nomination, the Contract will automatically terminate. To the extent the price paid hereunder is based on a reference publication, the prices for Products purchased hereunder or other information pertaining thereto may not be submitted or otherwise communicated to the reference publication for inclusion in a pricing survey. Xxxxx Buyer recognizes that inclusion of such prices in such a pricing survey would inappropriately affect Xxxxx’s prices hereunder.