Renegotiation of Rates. The base rate set forth herein shall be subject to renegotiation during the Contract period only if DSHS, in its sole judgment, determines that it is necessary due to a change in federal or state law or other material changes, beyond the Contractor’s control, which would justify such a renegotiation.
Renegotiation of Rates. Each year during the month of December the Lessor and The Club will have an opportunity to renegotiate the lease rates and the maintenance reserve amount and such agreement will be included as amendments to this lease. The new rate will take effect on January 1st of the following year. In the event the parties have not agreed upon rates and reserve amounts prior to December 15 of each year, then this agreement shall automatically terminate on December 31 of that year and the aircraft shall be returned to Lessor as provided in Article 16-Return.
Renegotiation of Rates. The base rate set forth herein shall be subject to renegotiation during the Contract period only if HCA, in its sole judgment, determines that it is necessary due to a change in federal or state law or other material changes, beyond the Contractor's control, which would justify such a renegotiation.
Renegotiation of Rates. If during the term of this Agreement, any party to this Agreement believes that adjustments to Rates as calculated in accordance with the provisions of Appendix 13 are, or the level of Rates set forth in this Agreement is, causing that party to operate in any Traffic Corridor at a revenue/variable cost ratio of 1.05 or less, that party may request, in writing, renegotiation of the Rates contained herein; PROVIDED, HOWEVER, that once a party invokes its right to renegotiate the charges under this Appendix 17.B for a particular Traffic Corridor, that party may not invoke this right again for the same Traffic Corridor before another 12 months has passed. If at the end of the 120-day period following the party's invoking its right to renegotiate under this Subsection, the invoking party's revenue/variable cost ratio has gone back above 1.05, the renegotiation period will terminate and the Rates will be maintained at their existing level under this Agreement. If at the end of such 120-day period, the invoking party's revenue/ variable cost ratio remains at 1.05 or less and the parties have failed to reach agreement on what Rates to apply to the affected Traffic Corridor, the party requesting renegotiation may select an independent auditor, and, subject to the other party's concurrence as to the selection of the independent auditor, such auditor shall review the internal management revenue/variable cost information of the requesting party to verify that party's stated marginal profit level. Any terms and conditions of this Agreement as well as any confidential cost information which must be disclosed by any party for purposes of the auditor's review under this Subsection shall only be disclosed pursuant to the auditor's execution of a nondisclosure agreement acceptable to all parties. The independent auditor will provide its findings as to the revenue/variable cost ratio of the Traffic Corridor in question in writing to the parties within 30 days from its receipt of the requesting party's cost information. If, based on the independent auditor's findings, the parties are unable to reach agreement within 90 days of the independent auditor's report as to whether the existing Rates should be maintained or the Rates should be restated at a particular level, the requesting party may terminate this Agreement as to the Traffic Corridor in question by giving written notice to all other parties. If the parties reach agreement on new terms to govern the Traffic Corridor in...
Renegotiation of Rates. The Monthly Fees set forth in Exhibit 1 shall be subject to negotiation during the Agreement period if HCA determines that changes in federal or state law or regulations materially affect the risk to CONTRACTOR or its costs of doing business.
Renegotiation of Rates. AT THE END OF ONE YEAR. Either party may initiate renegotiation of rates under this Agreement on the twelve (12) month anniversary of the Commencement Date or, subsequently, at the expiration of the Initial Term, by providing the other party prior written notice of intent to renegotiate. Such notice of intent to renegotiate must be provided at least ninety (90) days prior to the end of the twelve (12) month anniversary of the Commencement Date or, for renegotiation at the end of the Initial Term, ninety (90) days prior to the expiration of the Initial Term. If proper notice is provided, the parties shall meet to discuss rates in good faith and shall diligently pursue a prompt resolution of the renegotiation. The rates under this Agreement shall remain in effect unless and until the parties each agree through a written amendment signed by both parties to revise the rates.
Renegotiation of Rates. The amounts provided for in paragraphs A, B, and D above are for District’s 2015-2016 fiscal year and shall be negotiated annually for subsequent years and agreed to in writing by the Parties pursuant to the provisions of Article 2, above. Such revised amounts shall become amendments to this Agreement. Negotiations for such revisions shall commence in March prior to the start of each fiscal year and the Parties shall reach agreement no later than May 1 prior to the start of the new fiscal year.
Renegotiation of Rates. Notwithstanding the foregoing, each party reserves the right to annually renegotiate all rates hereunder based on actual tonnage collected and the actual costs for the previous year.
