Review and Renegotiation. From time to time, the Parties shall review the Website Hosting and Notice Fee to determine whether it reasonably approximates the Company’s incurred and anticipated costs (both ‘soft’ internal costs and ‘hard’ external costs) of posting, maintaining, and managing the Fund Documents on the website hosted by the Company and mailing notice of the availability of the Fund’s Reports to Contract Owners, pursuant to paragraph (c) of Rule 30e-3. The Parties agree to negotiate in good faith any change to the Website Hosting and Notice Fee proposed by a Party.
Review and Renegotiation. From time to time, the Parties shall review the Notice Fee to determine whether it reasonably approximates the Company’s incurred and anticipated costs of preparing and mailing the notices of availability of the Fund’s Shareholder Reports to Contract Owners (pursuant to paragraph (c) of Rule 30e-3. The Parties agree to negotiate in good faith any change to the Notice Fee proposed by a Party.
Review and Renegotiation. From time to time, the Parties shall review the Website Hosting and Notice Fee to determine whether it reasonably approximates the Company’s incurred ‘hard’ external costs of posting, maintaining, and managing the Fund Documents on the website hosted by the Company and mailing notice of the availability of the Fund’s Reports to Contract Owners, pursuant to paragraph (c) of Rule 30e-3. The Parties agree to negotiate in good faith any change to the Website Hosting and Notice Fee proposed by a Party. In the event that Rule 30e-3 can no longer be relied upon by the Fund, the Distributor and/or the Fund shall cease bearing any costs related to the Website Hosting and Notice Fee and those costs will solely be borne by the Company under Rule 30e-3.
Review and Renegotiation. From time to time, the Parties shall review the Website Hosting Fee to determine whether it reasonably approximates the Company's incurred and anticipated costs (both 'soft' internal costs and 'hard' external costs) of posting, maintaining, and managing the Fund Documents on the website hosted by the
Review and Renegotiation. 6.1.1 Subject to section 10.01 and section 5 of Schedule E, the Parties shall commence a review of this Agreement on the third anniversary date of the execution of this Agreement and every three (3) years thereafter (“Review Date”), with a view to determining if there has been any material change in circumstance which would require a reconsideration of any terms of this Agreement. If either Party is of the view that amendments should be made, such Party shall send a notice to the other Party within three (3) months of the Review Date, identifying the material changes in circumstances and the sections to be amended. Upon receipt by a Party of such a notice, the Parties shall enter into good faith negotiations and use their Best Efforts to conclude an agreement on appropriate amendments to this Agreement within six (6) months of any Review Date.
6.1.2 This Agreement has been prepared based on the Whale Tail Project as described in the Whale Tail Project Description. Except as set out in section 5 of Schedule E (Financial Compensation), in the event that AEM wishes to vary the description or scope of the Whale Tail Project in any material respect, or the impacts anticipated from the Whale Tail Project are materially different from the impacts that were reasonably anticipated at the time of the preparation of the FEIS, either Party may immediately provide written notice to the other, and the Parties shall forthwith enter into good faith negotiations and use commercially reasonable efforts to conclude an agreement on appropriate amendments to this Agreement within six (6) months of the date of such notice.
6.1.3 AEM shall pay for the costs incurred by KIA in participating in each review undertaken pursuant to sections 6.1.1 and 6.1.2 under a pre-approved budget, with a cap of $250,000.00 for each review in constant 2015 dollars.
6.1.4 If renegotiation of all or part of this Agreement is agreed to by the Parties or required as a result of a Dispute Resolution process, then the Parties will reach agreement on a budget to cover KIA’s costs for the re-negotiation of this Agreement, to be paid by AEM.
6.1.5 If the Parties are unable to conclude an agreement on any amendment, the matter shall be considered a Dispute to be resolved in accordance with Schedule H (Arbitration).
Review and Renegotiation. All Changes in Scope shall trigger a review and the possible renegotiation of specific IIBA provisions as described in Article 22 of this Agreement.
Review and Renegotiation. The parties agree the Consultative Committee will review the Agreement every six months, or as necessary from time to time and shall commence negotiations no earlier than six months prior to the nominal date of expiry of this Agreement with a view to reaching agreement on the terms of a new Enterprise Agreement.
Review and Renegotiation. Prior to the first payment of the Notice Fee and as reasonably requested thereafter, Company agrees to provide appropriate documentation to the Fund, Distributor and/or the Adviser to quantify how the Company arrived at the Notice Fee (and such documentation will also include the number of other investment companies that are being utilized by Company for its Accounts and relying on Rule 30e-3). From time to time, the Parties shall review the Notice Fee to determine whether it reasonably approximates the Company’s incurred and anticipated costs (both ‘soft’ internal costs and ‘hard’ external costs) of mailing notices of the availability of the Fund’s Reports to Contract Owners (pursuant to paragraph (c) of Rule 30e-3). The Parties agree to negotiate in good faith any change to the Notice Fee proposed by a Party.
Review and Renegotiation. The terms of this Agreement, including but not limited to terms and methods for Funding, are subject to review and renegotiation every three
Review and Renegotiation. The terms of this Agreement, including but not limited to terms and methods for Funding, are subject to review and renegotiation every three (3) years. Either party may submit a written request for review and renegotiation to the other party at least twelve (12) months prior to the end of the applicable three (3)-year period. Upon the other party’s receipt of such request, the parties shall engage in good-faith negotiations regarding any modifications. If the parties cannot agree to the modified terms within six (6) months of the date on the written notice, either party may terminate the Agreement as provided in Section 14. Failure to provide timely notice under this paragraph shall be deemed consent to renew the Agreement according to its existing terms until the next review period.
