Common use of Rates Review Clause in Contracts

Rates Review. (a) On and from the date of this Agreement, the Rates set out in Item 5 of Schedule 1 will be adjusted in accordance with the Rates Review Mechanism. (b) Subject to paragraphs (e), (f) and (g) below,, the Rates shall be adjusted by VicForests effective the first day of January and the first day of July in each Contract Year in accordance with the Rates Review Mechanism. (c) For Rates adjusted pursuant to Part 2(a) and 2(b) of Schedule 3, VicForests will notify the Contractor 30 days prior to the application of the adjusted Rates and provide supporting calculations. (d) For Rates adjusted pursuant to Part 2(d) of Schedule 3, VicForests will notify the Contractor as soon as practicable after the commencement of the month in which the adjusted Rates apply and provide supporting calculations. (e) VicForests agrees that it shall meet with the Contractor to review the Rates where the Contractor demonstrates that there has been an extraordinary increase in the overall costs borne by the Contractor that directly relates to the provision of the Services. The causes may include changes in the domestic or international economy, a substantial change in work practices or a change of law or the physical environment which substantially increases the Contractor’s costs in carrying out its obligations under the Agreement. Any increase in the Rates that are agreed in writing by VicForests and the Contractor arising from this review may decrease the amount by which Rates are adjusted at the time the Rates are reviewed in accordance with the Rates Review Mechanism. (f) The Contractor agrees that it shall meet with VicForests to review the Rates where VicForests demonstrates that there has been an extraordinary decrease in the overall costs borne by the Contractor that directly relates to the provision of the Services. The causes may include a change in the domestic or international economy, a substantial change in work practices, a change of law or the physical environment or efficiencies introduced by VicForests any or all of which substantially decreases the Contractor’s costs in carrying out its obligations under the Agreement. (g) If VicForests makes a variation to the Utilisation Procedures in accordance with clause 6 or otherwise makes a variation to the Specifications, the Contractor may request a review of the Rates to account for any direct increase in the cost to the Contractor in providing the relevant Services that results from the variation to the Utilisation Procedures or Specifications. Such review will be negotiated between VicForests and the Contractor in good faith, and provided that the Contractor is able to substantiate its increased costs to VicForests’ reasonable satisfaction, VicForests will not unreasonably withhold agreement to any change in the Rates following such review.

Rates Review. (a) On and from the date of this Agreement, the Rates and Other Rates set out in Items 6, 8(a), (b) and (e), and Item 5 10 of Schedule 1 will be adjusted in accordance with the Rates Review Mechanism. For the avoidance of doubt, the Harvest Rates and Other Rates shall be adjusted in accordance with indicators and weightings from Part 3a of Schedule 3. (b) Subject to paragraphs (e), (f) and (g) below,, the Rates and Other Rates shall be adjusted by VicForests effective the first day of January and the first day of July in each Contract Year in accordance with the Rates Review Mechanism. (c) For Rates and Other Rates adjusted pursuant to Part 2(a) and 2(b) of Schedule 3, VicForests will notify the Contractor 30 days prior to the application of the adjusted Rates and Other Rates and provide supporting calculations. (d) For Rates and Other Rates adjusted pursuant to Part 2(d) of Schedule 3, VicForests will notify the Contractor as soon as practicable after the commencement of the month in which the adjusted Rates and Other Rates apply and provide supporting calculations. (e) VicForests agrees that it shall meet with the Contractor to review the Rates where the Contractor demonstrates that there has been an extraordinary increase in the overall costs borne by the Contractor that directly relates to the provision of the Harvest Services. The causes may include changes in the domestic or international economy, a substantial change in work practices or a change of law or the physical environment which substantially increases the Contractor’s costs in carrying out its obligations under the Agreement. Any increase in the Harvest Rates that are agreed in writing by VicForests and the Contractor arising from this review may decrease the amount by which Harvest Rates are adjusted at the time the Harvest Rates are reviewed in accordance with the Rates Review Mechanism. (f) The Contractor agrees that it shall meet with VicForests to review the Harvest Rates where VicForests demonstrates that there has been an extraordinary decrease in the overall costs borne by the Contractor that directly relates to the provision of the Harvest Services. The causes may include a change in the domestic or international economy, a substantial change in work practices, a change of law or the physical environment or efficiencies introduced by VicForests any or all of which substantially decreases the Contractor’s costs in carrying out its obligations under the Agreement. (g) If VicForests makes a variation to the Utilisation Procedures in accordance with clause 6 or otherwise makes a variation to the Specifications, the Contractor may request a review of the Rates to account for any direct increase in the cost to the Contractor in providing the relevant Harvest Services that results from the variation to the Utilisation Procedures or Specifications. Such review will be negotiated between VicForests and the Contractor in good faith, and provided that the Contractor is able to substantiate its increased costs to VicForests’ reasonable satisfaction, VicForests will not unreasonably withhold agreement to any change in the Rates following such review.

Rates Review. (a) On and from the date of this Agreement, the Rates set out in Item 5 of Schedule 1 will be adjusted in accordance with the Rates Review Mechanism. (b) Subject to paragraphs (e)paragraphs€, (f) and (g) below,, the Rates shall be adjusted by VicForests effective the first day of January and the first day of July in each Contract Year in accordance with the Rates Review Mechanism. (c) For Rates adjusted pursuant to Part 2(a) and 2(b) of Schedule 3, VicForests will notify the Contractor 30 days prior to the application of the adjusted Rates and provide supporting calculations. (d) For Rates adjusted pursuant to Part 2(d) of Schedule 3, VicForests will notify the Contractor as soon as practicable after the commencement of the month in which the adjusted Rates apply and provide supporting calculations. (e) VicForests agrees that it shall meet with the Contractor to review the Rates where the Contractor demonstrates that there has been an extraordinary increase in the overall costs borne by the Contractor that directly relates to the provision of the Services. The causes may include changes in the domestic or international economy, a substantial change in work practices or a change of law or the physical environment which substantially increases the Contractor’s costs in carrying out its obligations under the Agreement. Any increase in the Rates that are agreed in writing by VicForests and the Contractor arising from this review may decrease the amount by which Rates are adjusted at the time the Rates are reviewed in accordance with the Rates Review Mechanism. (f) The Contractor agrees that it shall meet with VicForests to review the Rates where VicForests demonstrates that there has been an extraordinary decrease in the overall costs borne by the Contractor that directly relates to the provision of the Services. The causes may include a change in the domestic or international economy, a substantial change in work practices, a change of law or the physical environment or efficiencies introduced by VicForests any or all of which substantially decreases the Contractor’s costs in carrying out its obligations under the Agreement. (g) If VicForests makes a variation to the Utilisation Procedures in accordance with clause 6 or otherwise makes a variation to the Specifications, the Contractor may request a review of the Rates to account for any direct increase in the cost to the Contractor in providing the relevant Services that results from the variation to the Utilisation Procedures or Specifications. Such review will be negotiated between VicForests and the Contractor in good faith, and provided that the Contractor is able to substantiate its increased costs to VicForests’ reasonable satisfaction, VicForests will not unreasonably withhold agreement to any change in the Rates following such review.

Rates Review. (a) On and from the date of this Agreement, the Rates and Other Rates set out in Items 6(a), (b) and (c), and Item 5 9 of Schedule 1 will be adjusted in accordance with the Rates Review Mechanism. For the avoidance of doubt, the Harvest Rates and Other Rates shall be adjusted in accordance with indicators and weightings from Part 3a of Schedule 3. (b) Subject to paragraphs (e), (f) and (g) below,, the Rates and Other Rates shall be adjusted by VicForests effective the first day of January and the first day of July in each Contract Year in accordance with the Rates Review Mechanism. (c) For Rates and Other Rates adjusted pursuant to Part 2(a) and 2(b) of Schedule 3, VicForests will notify the Contractor 30 days prior to the application of the adjusted Rates and Other Rates and provide supporting calculations. (d) For Rates and Other Rates adjusted pursuant to Part 2(d) of Schedule 3, VicForests will notify the Contractor as soon as practicable after the commencement of the month in which the adjusted Rates and Other Rates apply and provide supporting calculations. (e) VicForests agrees that it shall meet with the Contractor to review the Rates where the Contractor demonstrates that there has been an extraordinary increase in the overall costs borne by the Contractor that directly relates to the provision of the Harvest Services. The causes may include changes in the domestic or international economy, a substantial change in work practices or a change of law or the physical environment which substantially increases the Contractor’s costs in carrying out its obligations under the Agreement. Any increase in the Harvest Rates that are agreed in writing by VicForests and the Contractor arising from this review may decrease the amount by which Harvest Rates are adjusted at the time the Harvest Rates are reviewed in accordance with the Rates Review Mechanism. (f) The Contractor agrees that it shall meet with VicForests to review the Harvest Rates where VicForests demonstrates that there has been an extraordinary decrease in the overall costs borne by the Contractor that directly relates to the provision of the Harvest Services. The causes may include a change in the domestic or international economy, a substantial change in work practices, a change of law or the physical environment or efficiencies introduced by VicForests any or all of which substantially decreases the Contractor’s costs in carrying out its obligations under the Agreement. (g) If VicForests makes a variation to the Utilisation Procedures in accordance with clause 6 6, or otherwise makes a variation to the Specifications, the Contractor may request a review of the Rates to account for any direct increase in the cost to the Contractor in providing the relevant Harvest Services that results from the variation to the Utilisation Procedures or Specifications. Such review will be negotiated between VicForests and the Contractor in good faith, and provided that the Contractor is able to substantiate its increased costs to VicForests’ reasonable satisfaction, VicForests will not unreasonably withhold agreement to any change in the Rates following such review.

Rates Review. (a) On and from the date of this Agreement, the Rates and Other Rates set out in Items 6, 8(a) and (e), and Item 5 10 of Schedule 1 will be adjusted in accordance with the Rates Review Mechanism. For the avoidance of doubt, the Harvest Rates and Other Rates shall be adjusted in accordance with indicators and weightings from Part 3a of Schedule 3 and the Haulage Rates shall be adjusted in accordance with indicators and weightings from Part 3b of Schedule 3. (b) Subject to paragraphs (e), (f) and (g) below,, the Rates and Other Rates shall be adjusted by VicForests effective the first day of January and the first day of July in each Contract Year in accordance with the Rates Review Mechanism. (c) For Rates and Other Rates adjusted pursuant to Part 2(a) and 2(b) of Schedule 3, VicForests will notify the Contractor 30 days prior to the application of the adjusted Rates and Other Rates and provide supporting calculations. (d) For Rates and Other Rates adjusted pursuant to Part 2(d) of Schedule 3, VicForests will notify the Contractor as soon as practicable after the commencement of the month in which the adjusted Rates and Other Rates apply and provide supporting calculations. (e) VicForests agrees that it shall meet with the Contractor to review the Rates where the Contractor demonstrates that there has been an extraordinary increase in the overall costs borne by the Contractor that directly relates to the provision of the Harvest Services and Haulage Services. The causes may include changes in the domestic or international economy, a substantial change in work practices or a change of law or the physical environment which substantially increases the Contractor’s costs in carrying out its obligations under the Agreement. Any increase in the Harvest Rates and Haulage Rates that are agreed in writing by VicForests and the Contractor arising from this review may decrease the amount by which Harvest Rates and Haulage Rates are adjusted at the time the Harvest Rates and Haulage Rates are reviewed in accordance with the Rates Review Mechanism. (f) The Contractor agrees that it shall meet with VicForests to review the Harvest Rates and Haulage Rates where VicForests demonstrates that there has been an extraordinary decrease in the overall costs borne by the Contractor that directly relates to the provision of the Harvest Services and/or Haulage Services. The causes may include a change in the domestic or international economy, a substantial change in work practices, a change of law or the physical environment or efficiencies introduced by VicForests any or all of which substantially decreases the Contractor’s costs in carrying out its obligations under the Agreement. (g) If VicForests makes a variation to the Utilisation Procedures in accordance with clause 6 or otherwise makes a variation to the Specifications, the Contractor may request a review of the Rates to account for any direct increase in the cost to the Contractor in providing the relevant Harvest Services and/or Haulage Services that results from the variation to the Utilisation Procedures or Specifications. Such review will be negotiated between VicForests and the Contractor in good faith, and provided that the Contractor is able to substantiate its increased costs to VicForests’ reasonable satisfaction, VicForests will not unreasonably withhold agreement to any change in the Rates following such review.