Common use of Review of Fees Clause in Contracts

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. (a) Subject to the provisions of clause 11.1 above12.1, at the end of each annual period commencing as of January 1, 2006, Service Provider XL Services will review the charges, costs and expenses actually incurred by Service Provider XL Services 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 XL Services determines that the Actual Cost for any Service differs from that set forth in the AOP, Service Provider XL Services will deliver to the 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 above12, 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 12.112.2), 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. (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.