Common use of Rate and Fee Adjustments Clause in Contracts

Rate and Fee Adjustments. The Storage Rates and Excess Storage Fees are fixed from the Execution Date to, and including, December 31, 2014, and will be adjusted each January 1 thereafter (an “Indexing Date”) by a percentage equal to 90% of the change in the published Federal Consumer Price Index (i.e., the entry of “All items for Urban Wage Earners and Clerical Workers”) over the first twelve (12) of the fifteen (15) months preceding the Indexing Date. This adjustment procedure will continue during the Initial Term of this Agreement for each Terminal Facility and any and all Renewal Terms; provided, however, that in no event will the applicable rates (i) increase or decrease by more than 3% on any Indexing Date and (ii) be less than the rates established as of the Effective Date. All Ancillary and Additive Services Fees will be fixed from the Execution Date to and including December 31, 2014 and will be adjusted each January 1 thereafter by Terminal to reflect Terminal’s average annual percentage cost increase or decrease of such product(s) and services.

Appears in 4 contracts

Samples: Terminaling Services Agreement (World Point Terminals, LP), Terminaling Services Agreement (World Point Terminals, LP), Terminaling Services Agreement (World Point Terminals, LP)

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Rate and Fee Adjustments. The Storage Rates and Excess Storage Fees are fixed from the Execution Date to, and including, December 31, 2014, and will be adjusted each January 1 thereafter (an “Indexing Date”) by a percentage equal to 9080% of the change in the published Federal Consumer Price Index (i.e., the entry of “All items for Urban Wage Earners and Clerical Workers”) over the first twelve (12) of the fifteen (15) months preceding the Indexing Date. This adjustment procedure will continue during the Initial Term of this Agreement for each Terminal Facility and any and all Renewal Terms; provided, however, that in no event will the applicable rates (i) increase or decrease by more than 3% on any Indexing Date and or (ii) be less than the rates established as of the Effective Datedecrease. All Ancillary and Additive Services Fees will be fixed from the Execution Effective Date to and including December 31, 2014 and will be adjusted each January 1 thereafter by Terminal to reflect Terminal’s Terminals average annual percentage cost increase or decrease of such product(s) and services. In no event will Ancillary and Additive Services Fees be adjusted downward.

Appears in 1 contract

Samples: Terminaling Services Agreement (World Point Terminals, LP)

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Rate and Fee Adjustments. The Storage Rates and Excess Storage Fees are fixed from the Execution Date to, and including, December 31, 2014, and will be adjusted each January 1 thereafter (an “Indexing Date”) by a percentage equal to 9080% of the change in the published Federal Consumer Price Index (i.e., the entry of “All items for Urban Wage Earners and Clerical Workers”) over the first twelve (12) of the fifteen (15) months preceding the Indexing Date. This adjustment procedure will continue during the Initial Term of this Agreement for each Terminal Facility and any and all Renewal Terms; provided, however, that in no event will the applicable rates (i) increase or decrease by more than 3% on any Indexing Date and or (ii) be less than the rates established as of the Effective Datedecrease. All Ancillary and Additive Services Fees will be fixed from the Execution Effective Date to and including December 31, 2014 and will be adjusted each January 1 thereafter by Terminal to reflect Terminal’s average annual percentage cost increase or decrease of such product(s) and services. In no event will Ancillary and Additive Services Fees be adjusted downward.

Appears in 1 contract

Samples: Terminaling Services Agreement (World Point Terminals, LP)

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