Price Escalator Clause Samples

Price Escalator. The Dispensing Fee, Handling Fee, professional profiling fee and PBM fee described under this Section 3.01 will be adjusted on each anniversary of the commencement date of the Term this Agreement in accordance with percentage change in the consumer price index (“CPI”) during the immediately preceding one-year period. As used herein CPI shall mean the Consumer Price index-All Urban Consumers (CPI-U) All Items (1982-1984 = 100) as published by the United States Department of Labor, or any comparable successor index, for the metropolitan area in which Maxor’s principal pharmacy supplying PHS is located.

Price Escalator. Prices are firm for Products quoted for delivery within one (1) year from date of Buyer’s order. Prices for Products quoted for delivery beyond one (1) year from date of Buyer’s order are subject to adjustment to Seller’s prices applying as of the dates of delivery. Prices and terms of payment shall not be subject to any offset or counterclaim of the Buyer unless agreed to in writing by Seller. In the event that Buyer delivers a check to Seller in payment for the Products in an amount less than the prices quoted on the face hereof and all other additional charges, Seller expressly reserves the right to demand the balance due and Seller’s negotiation of said check will not affect an accord and satisfaction notwithstanding the fact that the words 'Final Payment" or any similar words are inscribed thereon. Buyer agrees to hold Seller harmless from any damage, loss or expense as a result of its use of such restrictive endorsement on a negotiable instrument.

Price Escalator. Following the first twelve months of the Term, the fee per gallon shall be an amount calculated as follows. For each subsequent 12 month period, beginning on the anniversary month of the Effective Date, the fee per gallon shall be $ 0.12 (or current contracted price) multiplied by a factor that is the increase in the CPI- U, U.S. City Average for All Urban Consumers, as published by the U.S. Department of Labor, between December of the year preceding the

Price Escalator. Prices throughout the twelve months initial term of the contract shall remain firm/fixed. Written requests for price revisions after the first twelve months shall be submitted at least sixty (60) days in advance of the annual contract period. Requests must be based upon and include documentation of the actual change in the costs of the components involved in the contract and shall not include overhead and profit. Changes in the contract price shall be made in the amount of the actual change in cost or the percentage increase in the U.S. Average Consumer Price Index for the Midwest Urban ‐ per category “All Items,” or 3 percent whichever is less. Surcharges for fuel and/or other costs shall not be allowed. The County reserves the right to reject any price increase and to terminate the contract.