Review of Fees. (a) Subject to the provisions of clause 11.1 above, at the end of each annual period commencing as of January 1, 2006, Service Provider will review the charges, costs and expenses actually incurred by Service Provider in providing any Service, as well as the calculation of any related Fees (collectively, "Actual Cost") during the previous twelve (12) months. In the event that Service Provider determines that the Actual Cost for any Service differs from that set forth in the AOP, Service Provider will deliver to Company documentation for such Actual Cost, and will adjust the appropriate Fees retroactively and/or prospectively as necessary to reflect such differences; provided, however, that no such adjustment shall increase or decrease the Fees payable in respect of any Service by more than 15% of the initial related Fees currently set forth in the related Schedules for such Service.
(b) As a part of the AOP process referred to in clause 11 above, the Parties will set Fees or new budgets for each ensuing year, and may make other changes to the Fees with respect to each Service, based upon an increase or reduction in the scope of or requirements for such Service. Once an AOP has been finalized (whether by agreement or pursuant to the provisions of clause 12.1), the Fee for each Service set out in that AOP will apply for the ensuing year, subject to any subsequent written agreements between the Parties.
Review of Fees. It is the intent of the parties that the fees charged by EVERTEC to any Banking Affiliate shall be in compliance with applicable Legal Requirements. The fees to be charged by EVERTEC to a Banking Affiliate under this Master Agreement shall be subject to a periodic review by the parties in order to ensure that such fees represent and remain at levels consistent with the market terms that such Banking Affiliate would pay to an independent Third Party for providing similar services. When performing such review, the parties will pay particular attention to any available information on comparable market terms for similar services, and will evaluate and take into consideration the contracting terms and the performance of the Services by EVERTEC under this Master Agreement.
Review of Fees. 5.1. We shall be entitled to review the Fees annually on 1 April each year or at any other time if clause 5.3 applies. We shall be entitled to increase the Fees on 1 April each year in the following circumstances:
5.1.1. to reflect an increase in the Retail Prices Index (or any official index replacing it) since the Date of Admission or from the date of the previous annual fee review;
5.1.2. to reflect a change in relevant laws, codes of practice, registration and regulatory requirements; and
5.1.3. if, following a review of the Resident’s care needs (and/or Care Plan), we reasonably believe that the Resident’s care needs have changed from the Date of Admission or from the date of the previous annual fee review.
5.2. We shall give you at least 4 weeks’ notice of any increase in the Fees.
5.3. You may terminate the agreement by providing us with 4 weeks’ notice if the increased fees are unacceptable. Up to the date of termination, you will pay the Fees you paid prior to the review date. The provisions of clause 2.3 shall apply to Services paid for in advance.
5.4. If clause 5.3 applies to any increase, the increase shall be payable from the date when the provision of increased services shall commence but you shall still be entitled to terminate the agreement by notice with immediate effect.
Review of Fees. EROAD reserves the right to review the use of its Services by the Customer and EROAD can invoice the Customer, and the Customer will pay, for any use of the Services by the Customer not currently being paid for.
Review of Fees. Either party may request a review of the fees, provided that no fee will be reviewed more than once in any period of 12 consecutive months. The party seeking the review will propose to the other party a new fee level, with evidence to support that proposal. The second party may, within 2 months of receiving the proposal respond with an alternative proposal, with supporting evidence. If the parties do not agree on the proposed changes at the expiry of 4 months from the date of the initial request, then:
(a) if there is a specific process for determining the fee, that process will apply; or
(b) if there is no specific process for determining the fee, the party receiving the service will be entitled to terminate that service by giving 60 Working Days' notice to the other party. If the party receiving the service does not terminate the service within this timeframe, the price proposed by the party providing the service will be deemed to be accepted and will apply with immediate effect on expiry of the 60 Working Day period.
Review of Fees. We may review the Fees at the start of each Rollover Term.
Review of Fees. (a) At the end of each year during the term of the Agreement, commencing as of the date of the Agreement, NewMarket Services will review the charges and costs actually incurred by NewMarket Services in providing any Service, as well as the calculation of any related Fee and Expense (collectively, “Actual Cost”) during the previous year. In the event that NewMarket Services determines that the Actual Cost for any Service differs from the aggregate Fees and Expenses for that Service for that period by more than two percent (2%), NewMarket Services will deliver to NewMarket Corporation documentation for such Actual Cost and the Parties will renegotiate in good faith to adjust the appropriate Fees and/or Expenses accordingly, retroactively or prospectively.
(b) As a part of the AOP process referred to in Section 5.1, the Parties will set Fees or new budgets for each ensuing year, and may make other changes to the Fees with respect to each Service, based upon an increase or reduction to such Service. Once an AOP has been finalized (whether by agreement or pursuant to the provisions of Section 5.1), the Fee for each Service set out in that AOP will apply for the ensuing year, subject to any subsequent written agreements between Parties.
Review of Fees. (a) As part of the changes to these terms that may be specified by Velrada under clause 2.4(b), Velrada may:
(a) Velrada may at any time, and without giving notice to the Customer, monitor the Customer’s usage of PowerRoster in order to verify compliance with this agreement.
(b) Velrada has the right to audit and inspect any premises, systems, documents, records, practices, data and matters as Velrada reasonably requests in order to verify compliance with the terms of this agreement.
(c) The Customer must permit the audits and inspections referred to in clause 7(b).
(d) Audits conducted by Velrada pursuant to this clause 7 must only be carried out during usual business hours and following reasonable written notice to the Customer of not less than 14 days.
(e) The Customer must provide all reasonable assistance required by Velrada, including by answering any questions relating to the audit or inspection in writing, and by generating reports through PowerRoster as requested by Velrada.
(f) If an audit or inspection reveals any breach of this agreement by the Customer, then the Customer must take remedial action including complying with any reasonable directions or instructions from Velrada and paying any invoices issued in accordance with clause 5.3(a)(1).
Review of Fees. (a) At the end of each six month period during the term of this Agreement, each Party will review the charges, costs and expenses actually incurred by such Party in providing any Services, as well as the calculation of any related Fee (collectively, “Actual Cost”), during the previous six month period. In the event that either Party determines that the Actual Cost for any Service provided by such Party differs from the aggregate Fee for such Service for such period by more than 2%, such Party will deliver to the other Party documentation for such Actual Cost. The Parties agree to renegotiate in good faith any Service, the Actual Cost of which differs from the aggregate Fee for that Service for the period by more than 2%, and to adjust the related Fee accordingly, retroactively or prospectively.
(b) As a part of the AOP process referred to in Section 5.1 of this Agreement, the Parties will set Fees and new budgets for each ensuing year, and may make other changes to the Fees with respect to each Service, based upon an increase or reduction in the provision of, and related costs associated with, such Service. Once an AOP has been finalized (whether by agreement or pursuant to the provisions of Section 5.1 of this Agreement), the Fee for each Service set out in such AOP will apply for the ensuing year, subject to any subsequent written agreements between the Parties.
Review of Fees. (a) At the end of each six months during the term of the Agreement, commencing as of the date of the Agreement, PMMC will review the charges, costs and expenses actually incurred by PMMC in providing any Service, as well as the calculation of any related Fee (collectively, "Actual Cost") during the previous six months. In the event that PMMC determines that the Actual Cost for any Service differs from the aggregate Fees for that Service for that period by more than 2%, PMMC will deliver to Kraft documentation for such Actual Cost and the Parties will renegotiate in good faith to adjust the appropriate Fees accordingly, retroactively or prospectively.
(b) As a part of the AOP process referred to in Section 5.1, the ----------- Parties will set Fees or new budgets for each ensuing year, and may make other changes to the Fees with respect to each Service, based upon an increase or reduction to such Service. Once an AOP has been finalized (whether by agreement or pursuant to the provisions of Section 5.1), the Fee for each Service set out ----------- in that AOP will apply for the ensuing year, subject to any subsequent written agreements between Parties.
