Price Renegotiation. Contractor may request adjustments to compensation rates sixty (60) days prior to an option term. Contractor shall provide information justifying reasons for any increase, and City shall not unreasonably withhold approval of any increase provided the renewal quote for ongoing services does not increase by more than the Producer Price Index (PPI) final demand - WPUFD4 (xxxxx://xxxx.xxx.xxx/cgi-bin/surveymost?wp) and does not exceed 3% over the previous year’s fees, unless the City’s Living and/or Prevailing Wage, if applicable, increases by more than 3% or unless otherwise negotiated.
Price Renegotiation. Beginning two years after the Effective Date, either Party may request renegotiation of the Commodity Charge payable under this Agreement if such Party believes in good faith that the current methodology does not reflect the fair market value of gas delivered to the Delivery Points under similar contractual terms. If either Party requests renegotiation pursuant to this Section 8.4., the Parties shall meet and attempt in good faith to reach agreement on a different formula for calculation of the Commodity Charge. In any such price renegotiation, and in any arbitration resulting from a price renegotiation, the following principles will be applied. The Parties agree, for purposes of any arbitration which may be requested, that the Commodity Charge is intended to fairly compensate Seller for the gas supplied under this Agreement and the related services being provided by Seller, to allow Seller a reasonable opportunity to fully recover its costs of providing such gas and services, and to provide Seller a reasonable profit for the efforts expended by it, taking into consideration the assets placed by Buyer at Seller's disposal and the opportunities those assets offer. In addition, the Parties acknowledge that (a) the Commodity Charge is designed primarily to allocate to Buyer the risk of daily and monthly changes in the commodity price of natural gas, and to compensate Seller for its services in obtaining, delivering and otherwise managing the gas supply for the Facility, and (b) Seller's liability for non- performance under this Agreement is limited to Buyer's cost of cover. Therefore, evidence of Seller's costs of providing the services called for under this Agreement will be given greater weight than evidence of charges or fees under other agreements in which the seller bears a greater portion of the risk of commodity price fluctuations or a greater potential liability for non- performance. If the Parties are unable to reach agreement within 60 days after delivery of the request for renegotiation, then upon 30 days prior written notice, either Party may require that the issue(s) be submitted to binding arbitration in accordance with Article 16. In any such arbitration, each Party shall submit a detailed proposal for calculation of the Commodity Charge and the arbitrators will be charged to select from the two proposals the one which best reflects the fair market value of gas delivered to the Facility under all of the terms and conditions of this Agreement, i...
Price Renegotiation. For Contract Years commencing 1 January 2009 and 1 January 2016, the then-current Unit Price, the Unit Price floor mentioned in Section 5.3, Toll Price and adjustment terms for Helium and Tolling under this Agreement, shall be subject to renegotiation upon Notice by either Party to the other. Such Notice shall be given not later than the 1 October 2007 and 1 October 2014, respectively. If the Parties have been unable to reach agreement prior to the 1 October 2008 or 1 October 2015, as the case may be, after having conducted good-faith negotiations with respect to the modification of the then-current Unit Price, the Unit Price floor mentioned in Section 5.3, Toll Price and escalation terms, then either Party shall have the right to terminate this Agreement as of December 31, 2008, and December 31, 2015, respectively.
Price Renegotiation. Any of the Parties may request a review of the prices set out herein, provided any of the following events takes place:
Price Renegotiation. Either Party may request a review of the price set forth in this clause whenever any of the following events occurs:
Price Renegotiation. Contractor may request compensation adjustments 60 days prior to an option term. Contractor shall provide information justifying reasons for any increase, and City shall not unreasonably withhold approval of any increase provided the renewal quote for ongoing services does not increase by more than the Consumer Price Index (CPI) for all items in San Francisco-Oakland- Hayward, CA, all urban consumers, not seasonally adjusted- CUURS49BSA0 (xxxxx://xxxx.xxx.xxx/timeseries/CUURS49BSA0) and does not exceed 3% over the previous year’s fees, unless the City’s Living and/or Prevailing Wage, if applicable, increases by more than 3% or unless otherwise negotiated.
Price Renegotiation. Costs for ongoing services shall not exceed the Price List as defined in Table B3 above. Contractor may request adjustments to compensation rates as defined in Section 4, Additional Services, sixty (60) days prior to an option term. Contractor shall provide information justifying reasons for any increase, and City shall not unreasonably withhold approval of any increase provided the renewal quote for ongoing services does not increase by more than the Producer Price Index (PPI) final demand - WPUFD4 (xxxxx://xxxx.xxx.xxx/cgi-bin/surveymost?wp) and does not exceed 3% over the previous year’s rates, or unless otherwise negotiated.
Price Renegotiation. Notwithstanding anything to the contrary in this Section 5.3, in the event that the local price for a Packaged Product sold into a specific country in the Novartis Territory is less than the total Fully Allocated Cost attributable to such Product in such country, the Parties shall in good faith renegotiate the price to be paid to Idenix for such Packaged Product.
Price Renegotiation. Any of the Parties may request the renegotiation of the Price established in Clause Second, provided that any of the events considered in the following section occurs:
Price Renegotiation. Not less than thirty (30) days prior to October 31, 1998, the parties will have negotiated in good faith to agree on the price to be paid for gas sold and purchased hereunder for the succeeding year, or for such other period as may be agreed upon by the parties. If, after good faith negotiations, Buyer and Seller fail to agree upon the price to be paid for gas for the succeeding term, either party may terminate this Agreement upon thirty (30) days written notice. Buyer and Seller expressly agree that the price to be paid for natural gas purchased through October 31, 1998, is non-negotiable and that fluctuations in the market will not serve as grounds for renegotiation.
