PRICING 5 Sample Clauses

PRICING 5. 5.1 The transfer price for the Aspect BIS Sensor and BIS Monitor will be [**]. When determining prices for D-O Affiliates and/or distributors, [**] will be [**] for purposes of determining the applicable [**]. D-O has provided Aspect with a good faith forecast of its and the D-O Affiliate's and/or distributor's anticipated purchases of Aspect BIS Sensors and BIS Monitors for the first year of this Agreement (which shall be deemed to be the period beginning on the date of this Agreement and ending on December 31, 2001) and will provide updated good faith forecasts for each calendar year thereafter at least thirty (30) days prior to the first day of each calendar year, and the applicable [**] shall be calculated on the basis of such forecasted purchases. For the first year of this Agreement (which shall be deemed to be the period beginning on the date of this Agreement and ending on December 31, 2001), D-O's forecast of its and the [**] anticipated purchases of Aspect BIS Sensors shall entitle [**] to a per unit BIS Sensor price of $[**] (in accordance with Appendix 4 hereto) and shall entitle [**] to a per unit BIS Sensor price of $[**]. In the event that actual cumulative sales of all Aspect Products result in a different [**] or D-O pricing did not achieve the pricing set forth in Clause 5.5.4 with the quantities being sold, the Party that did not benefit from such incorrect [**] with respect to purchases from Aspect by D-O [**] shall be promptly compensated for any overpayment or underpayment. The Steering Committee shall meet promptly after June 30, 2001 to reevaluate the transfer prices being charged by Aspect for the Aspect BIS Sensor and the BIS Monitor for the period through December 31, 2001 and the anticipated transfer prices for subsequent years of this Agreement with a goal of [**] shown in Appendix 4 consistent with Section 5.5.4 of this Agreement. MASTER DISTRIBUTION AGREEMENT 6 7
AutoNDA by SimpleDocs

Related to PRICING 5

  • Pricing Schedule 7.1. The Pricing Schedule sets out details of the pricing of the Services. 7.2. The prices in the Pricing Schedule are not to be increased for the period of the Contract. 7.3. Accordingly, the Service Provider may not unilaterally increase the prices in the Pricing Schedule. But nothing in the Contract prevents the Service Provider from improving on the prices in the Pricing Schedule for the purposes of a particular Order.

  • Pricing Errors Any material errors in the calculation of net asset value, dividends or capital gain information shall be reported immediately upon discovery to the Company. An error shall be deemed "material" based on our interpretation of the SEC's position and policy with regard to materiality, as it may be modified from time to time. Neither the Trust, any Fund, the Distributor, nor any of their affiliates shall be liable for any information provided to the Company pursuant to this Agreement which information is based on incorrect information supplied by or on behalf of the Company or any other Participating Company to the Trust or the Distributor.

  • Pricing and Portfolio Valuation All expenses of computing the Fund 's net asset value per share, including any equipment or services obtained for the purpose of pricing shares or valuing the Fund 's investment portfolio.

  • Auction Schedule The Auction Agent shall conduct Auctions in accordance with the schedule set forth below. Such schedule may be changed by the Auction Agent with the consent of the Company, which consent shall not be withheld unreasonably. The Auction Agent shall give notice of any such change to each Broker-Dealer. Such notice shall be received prior to the first Auction Date on which any such change shall be effective. Time Event ---- ----- By 9:30 A.M. Auction Agent advises the Company and the Broker-Dealers of the Reference Rate and the Maximum Applicable Rate as set forth in Section 2.2(e)(i) hereof.

  • Best Pricing Offer During the Contract term, if substantially the same or a smaller quantity of a Product is sold by the Contractor outside of this Contract upon the same or similar terms and conditions as that of this Contract at a lower price to a federal, state or local governmental entity, the price under this Contract, at the discretion of the Commissioner, shall be immediately reduced to the lower price. Price decreases shall take effect automatically during the Contract term and apply to Purchase Orders submitted on or after:

  • Pricing Services Chase may use any pricing service referred to in an applicable MSLA and any other recognized pricing service (including itself and any of its affiliates) in order to perform its valuation responsibilities with respect to Securities, Collateral and Authorized Investments, and Lender shall hold Chase harmless from and against any loss or damage suffered or incurred as a result of errors or omissions of any such pricing service.

  • Pricing The Contractor will not exceed the pricing set forth in the Contract documents.

  • PRICING/AUDIT The Contractor shall establish and maintain a reasonable accounting system, which enables ready identification of Contractor’s cost of goods and use of funds. Such accounting system shall also include adequate records and documents to justify all prices for all items invoiced as well as all charges, expenses and costs incurred in providing the goods for at least five (5) years after completion of this contract. The County or its designee shall have access to such books, records, subcontract(s), financial operations, and documents of the Contractor or its subcontractors, as required to comply with this section for the purpose of inspection or audit anytime during normal business hours at the Contractor's place of business. This right to audit shall include the Contractor’s subcontractors used to procure goods under the contract with the County. Contractor shall ensure the County has these same rights with subcontractors and suppliers.

  • Pricing Policy Prices and price guarantees exclude taxes and fees, however designated, including but not limited to applicable regulatory, PEG and franchise fees, and regulatory recovery fees, cost recovery charges, Subscriber Line Charges, Network Line Fees, PRI charges, other carrier access fees and/or access fees, Carrier Service Fees, surcharges, the Broadcast TV Fee, Sports Surcharge, excises, program related fees (such as universal service, telecom relay services for the visually/hearing impaired, rights-of-way access, and programs supporting the 911/E911 system), additional equipment, installation, late fee, service call and repair charges, and measured, per call or other usage-based or separately billed charges (collectively, the “Separate Fees and Charges”). The Separate Fees and Charges will vary depending upon your service location and the services to which you subscribe. Not all of the Separate Fees and Charges apply to all services. Customers who participate in a promotional offer with a discount on monthly service fees will revert back to the standard monthly fee for the service at the end of the promotional period, unless the customer’s service is earlier terminated for any reason. Any promotional, discounted or guaranteed price for service applies only to the price of the particular service or services identified, and excludes the Separate Fees and Charges.

  • PRICING STRUCTURES Licenses and Support Services for the Licensed Programs to which this OST applies are granted according to the pricing structures mentioned in the related Transaction Document. Standard pricing structures are defined in the section “DEFINITIONS” of this OST, even though those pricing structures may not be applicable to the DS Offerings to which this OST applies. Other pricing structures may be made available on a case by case basis.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!