Price Escalations to InfoSend Fees. InfoSend Fees can be adjusted once every twelve (12) months to account for increases in the cost of materials, labor, and other overhead costs. InfoSend reserves the right to increase InfoSend Fees on a yearly basis (starting with the first anniversary of the Agreement date), not to exceed the Consumer Price Index (CPI) for the State of Texas, plus 1.5%. The Client will be notified, in writing, at least thirty (30) days prior to such price increase. An amendment to the Agreement will not be required if the Fees are changed, unless the terms or conditions of the Agreement have otherwise changed. Postage fees can change at any time per USPS regulations and do not require an amendment to the Agreement. InfoSend pricing is predicated on Client representations of Client and Client User transactional usage. Should Client’s actual continuous volume and/or recurring frequency deviate by more than thirty percent (30%) from what Client has represented to InfoSend in Section 2 below, then InfoSend reserves the right to invalidate the Fees listed in this Agreement. Should this rare situation arise then InfoSend will notify Client immediately and negotiate with Client in good faith to pass on any increased costs to Client, in line with actual Client and Client User transactional usage. As defined in Section 5.2(iv) of the Agreement, should InfoSend and Client fail to agree upon updated Fees, InfoSend reserves the right to terminate this Agreement with one hundred eighty (180) days’ notice.
Price Escalations to InfoSend Fees. InfoSend can request for an increase in fees once every twenty-four (24) months to account for increases in the cost of materials, labor, and other overhead costs in accordance with the anniversary date the contract was executed. The CITY will be notified, in writing, at least ninety (90) days prior to such requested fee increase. Infosend will be amenable to discussing and providing support for the requested fee increases to the CITY. Additionally, InfoSend reserves the right to increase paper and envelope fees as needed, with thirty days’ notice to CITY, in the event of extraordinary increases to the cost of paper rolls. Extraordinary increases mean an increase of 10% or more over any 12-month period. This is necessary because paper xxxxx do not offer fixed contract pricing and can increase the price of their commodity products at any time, and these rolls are required for InfoSend to produce statements, letters, notices, and envelopes on behalf of CITY. InfoSend pricing is predicated on CITY representations of CITY and CITY User transactional usage. Should CITY’s actual continuous volume and/or recurring frequency deviate by more than thirty percent (30%) from what CITY has represented to InfoSend in Section 2 below, then InfoSend reserves the right to notify CITY immediately and negotiate with CITY in good faith to determine potential costs to CITY, in line with actual CITY and CITY User transactional usage.
