Common use of Pricing Adjustment Clause in Contracts

Pricing Adjustment. The Pricing shall be adjusted following advance written notice from PCI to Client and shall be effective on […***…] of each year of the Term as follows: (i) labor costs shall be subject to annual increase to reflect any increase in the Producer Price Index, commodity code 06-38 for Pharmaceutical Preparations, issued by the Bureau of Labor Statistics, United States Department of Labor over the prior calendar year (based on the publication by the U.S. Department of Labor of the PPI on or about October 15th of the prior calendar year); (ii) cost in Raw Materials shall be subject to annual increase to reflect any increase in PCI’s costs over the prior calendar year, including any increases imposed by a Supplier; and (iii) production costs shall be subject to annual increase to reflect any reduction in purchase volume level below anticipated purchase volume over the prior calendar year. In addition, the parties acknowledge and agree that the Pricing is based on PCI performing order runs of consistent size and frequency and that the Pricing shall be subject to review and adjustment promptly following the occurrence of any unanticipated fluctuation in order run sizes or frequency or fluctuations in forecasted quantities as described in Sections 4.1 and 4.2. For example, such adjustment may include an increase in the Pricing due to reduced order run sizes. In addition, the parties shall negotiate in good faith changes to the Pricing resulting from changes to Applicable Laws that are reasonably likely to materially increase the cost of providing the services.

Appears in 2 contracts

Samples: Commercial Packaging Agreement, Commercial Packaging Agreement (Neurocrine Biosciences Inc)

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Pricing Adjustment. The Pricing shall be adjusted following advance written notice from PCI to Client Zavante and shall be effective on […***…] January 1st of each year of the Term as follows: (i) labor costs shall be subject to annual increase to reflect any increase in the Producer Price Index, commodity code 06-38 for Pharmaceutical Preparations, issued by the Bureau of Labor Statistics, United States Department of Labor over the prior calendar year (based on the publication by the U.S. Department of Labor of the PPI on or about October 15th of the prior calendar year); (ii) cost in Raw Materials shall be subject to annual increase to reflect any increase in PCI’s costs over the prior calendar year, including any increases imposed by a Supplier; and (iii) production costs shall be subject to annual increase to reflect any reduction in purchase volume level below anticipated purchase volume over the prior calendar year. In addition, the parties acknowledge and agree that the Pricing is based on PCI performing order runs of consistent size and frequency and that the Pricing shall be subject to review and adjustment promptly following the occurrence of any unanticipated fluctuation in order run sizes or frequency or fluctuations in forecasted quantities as described in Sections 4.1 and 4.24.3. For example, such adjustment may include an increase in the Pricing due to reduced order run sizes. In addition, sizes or a decrease in the parties shall negotiate in good faith changes price due to the Pricing resulting from changes to Applicable Laws that are reasonably likely to materially increase the cost of providing the servicesincreased order run size.

Appears in 1 contract

Samples: Commercial Packaging Agreement (Nabriva Therapeutics PLC)

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Pricing Adjustment. The Pricing shall be adjusted following advance written notice from PCI to Client and shall be effective on […***…] the first day of each contract year of the Term as follows: (i) labor costs the Pricing shall be subject to annual increase to reflect any increase in the Producer Price Index, commodity code 06-38 for Pharmaceutical Preparations[***], issued by the Bureau of Labor Statistics, United States Department of Labor over the prior calendar year (based on the publication by the U.S. Department of Labor of the PPI on or about October 15th of the prior calendar year); (ii) cost in Raw Materials shall be subject to annual increase to reflect any increase in PCI’s costs over the prior calendar year, including any increases imposed by a Supplier; and (iii) production costs shall be subject to annual increase to reflect any reduction in purchase volume level below anticipated purchase volume over the prior calendar year. In addition, the parties acknowledge and agree that the Pricing is based on production volume and PCI performing order runs of consistent size and frequency and that the Pricing shall be subject to review and adjustment promptly following the occurrence of any unanticipated fluctuation in production volume, order run sizes or frequency or fluctuations in forecasted quantities as described in Sections 4.1 4.2 and 4.24.3. For example, such adjustment may include an increase in the Pricing due to reduced order run sizes. In addition, the parties shall negotiate in good faith changes to the Pricing resulting from changes to Applicable Laws that are reasonably likely to materially increase the cost of providing the services. For the sake of clarity and the avoidance of doubt, no price increases resulting from an adjustment provided for in this Section 7.2 shall be implemented for the first twelve (12) months following the effective date of this Agreement.

Appears in 1 contract

Samples: Commercial Packaging Agreement (Blue Water Acquisition Corp.)

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