Revisions to the Base Case Sample Clauses

Revisions to the Base Case. In accordance with the provisions of Section 6.2(g), rate adjustments required shall be determined in accordance with the following process. a) The Operator shall identify actual or estimated changes in costs or actual or estimated changes in revenues arising as a direct consequence of the relevant Rate Adjustment Event set out in Section 6.2(f). Such costs may include, but not necessarily be limited to construction costs, associated costs of finance and operating costs. For the avoidance of doubt, the Base Rate Financial Model shall not be updated for those risks that are borne by the Operator under the terms of the Agreement. b) The Operator shall be entitled to consider changes in the prospective technical performance of the East Bank Regional System arising because of the Rate Adjustment Event, provided that the District shall not be required (and the Operator shall not be entitled) to consider the financial impact up to the date of the Rate Adjustment Event of those risks which the Operator bears under the terms of the Agreement. c) The Operator shall calculate the Adjustment Event Rate Adder to the Monthly Sewer Rate ($) and/or adjustment to the Parish Consolidation Annual Rate Growth (%) required to generate a financial close-base date After-Tax Internal Rate of Return of 7.3% as set out in the Base Rate Financial Model at cell E52 in the “Financial Summary” tab, or such alternative rate that is agreed by the District, having been evidenced as reasonable by the Operator in the context of published and calculated return metrics for US water utilities in accordance with Section 6.2(g) of the Agreement. d) In parallel, the Operator shall deliver to the District a separate version of the Base Rate Financial Model (“the Actual Operating Financial Model”) revised to reflect Operator’s actual costs (including capital, operating, financing and tax cash flows) and revenues for the period from the Transfer Date up to and including the date of the Rate Adjustment Event, which shall be consistent with financial reports of the Operator provided to the District in accordance with Section 4.13 and Section 6.2(g). The Actual Operating Financial Model shall take account of the consequences of the Rate Adjustment Event (including the Adjustment Event Rate Adder from the Base Rate Financial Model) and the Operator’s revised forecasts of costs and revenues over the balance of the Term. e) Should the After-Tax Internal Rate of Return in the Actual Operating Financial Mo...

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Revisions to the Base Case. Where the Parties agree that the financial consequences of any Relevant Event or the payment of or release from any sum are best dealt with without a revision to the Base Case, they shall agree to make such revision to the Monthly Payment as necessary on a one-off or recurrent basis. Such change shall, on the next occasion that there is a revision to the Base Case in accordance with this Schedule Part 19 be consolidated as an update to the Unitary Charge and Base Case. Prior to making any changes to the Base Case (subject to any express provision of this Contract to the contrary), the Parties shall agree the Base Case Change Date for the change and the basis of the revision to the Base Case. Except for revisions due to: a Qualifying Refinancing (in which case the provisions of Schedule Part 16 (Refinancing) shall apply); a Contractor Change which results in costs savings (and such costs saving are shared in accordance with paragraph 4 of Part 5 (Contractor Change) of Schedule Part 21 (Change Protocol), the Unitary Charge shall be revised so as to ensure that the Contractor is in no better and no worse position (as defined by paragraph 5.3) than it was prior to the Base Case Change Date and the event which gave rise to the need for the revision. In no circumstances shall any revision provide compensation to the Contractor for any deviation in performance from that predicted in the latest Base Case as agreed between the Parties or determined in accordance with the Dispute Resolution Procedure. In calculating the Estimated Change in Project Costs and in assessing other adjustments to be made to the Base Case arising from a Relevant Event, the Contractor shall be entitled to take into account, inter alia: any Change in Costs and Change in Revenue without double counting any financing costs relating to the additional capital expenditure122; reasonable economic assumptions prevailing at the time; and changes in the prospective technical performance of the Project arising as a result of the Relevant Event, provided that the Authority shall not be required (and the Contractor shall not be entitled) to take into account the financial impact up to the date of the Relevant Event of those risks which the Contractor bears under the terms of this Contract, including (to the extent so borne by the Contractor under this Contract) changes in VAT rates, taxation rates, RPIX and the impact of adjustments and/or deductions in accordance with Schedule Part 4 (Payment Mechanism...

Revisions to the Base Case. In accordance with the provisions of Section 6.2(g), rate adjustments required shall be determined in accordance with the following process. a) The Operator shall identify actual or estimated changes in costs or actual or estimated changes in revenues arising as a direct consequence of the relevant Rate Adjustment Event set out in Section 6.2(f). Such costs may include, but not necessarily be limited to construction costs, associated costs of finance and operating costs. For the avoidance of doubt, the Base Rate Financial Model shall not be updated for those risks that are borne by the Operator under the terms of the Agreement. b) The Operator shall be entitled to consider changes in the prospective technical performance of the East Bank Regional System arising because of the Rate Adjustment Event, provided that the District shall not be required (and the Operator shall not be entitled) to consider the financial impact up to the date of the Rate Adjustment Event of those risks which the Operator bears under the terms of the Agreement.

Revisions to the Base Case. 4.1. Where the Parties agree that the financial consequences of any Relevant Event or the payment of or release from any sum are best dealt with without a revision to the Base Case, they shall agree to make such revision to the Unitary Charge as necessary on a one-off or recurrent basis. Such change shall, on the next occasion that there is a revision to the Base Case in accordance with this Schedule 19 be consolidated as an update to the Unitary Charge and Base Case. 4.2. Prior to making any changes to the Base Case (subject to any express provision of this Contract to the contrary), the Parties shall agree the Base Case Change Date for the change and the basis of the revision to the Base Case. 4.3. Except for revisions due to a Contractor Change which results in costs savings (and such costs saving are shared in accordance with paragraph 4 of Part 5 (Contractor Change) of Schedule 21 (Change Protocol), the Unitary Charge shall be revised so as to ensure that the Contractor is in no better and no worse position (as defined by paragraph 5.3) than it was prior to the Base Case Change Date and the event which gave rise to the need for the revision. In no circumstances shall any revision provide compensation to the Contractor for any deviation in performance from that predicted in the latest Base Case as agreed between the Parties or determined in accordance with the Dispute Resolution Procedure. 4.4. In calculating the Estimated Change in Project Costs and in assessing other adjustments to be made to the Base Case arising from a Relevant Event, the Contractor shall be entitled to take into account, inter alia: 4.4.1. any Change in Costs and Change in Revenue without double counting any financing costs relating to the additional capital expenditure;

Related to Revisions to the Base Case

Emergency Schedule Changes The Employer may adjust an overtime-eligible employee’s workweek and work schedule without prior notice in emergencies or unforeseen operational needs.
Annual Operating Budget and Financial Projections Within sixty (60) days after the end of each fiscal year of Borrower Representative (and promptly and within five (5) days of any material modification thereto), an annual operating budgets, on a consolidating basis (including income statements, balance sheets and cash flow statements, by month) for the upcoming fiscal year of Borrower Representative, as approved by Borrower Representative’s Board, together with any related business forecasts used in the preparation of such annual financial projections.
CEO Changes The HSP will immediately notify the Funder if it becomes aware that the HSP’s CEO will depart the organization.
Eligibility Changes Employees who become eligible for a full Employer Contribution must make their benefit elections within thirty (30) calendar days of becoming eligible. If employees do not choose a health plan administrator and a primary care clinic and do not waive coverage within this thirty (30) day timeframe, they will be enrolled in a Benefit Level Two clinic (or Level One, if available) that meets established access standards in the health plan with the largest number of Benefit Level One and Two clinics in the county of the employee’s residence at the beginning of the insurance year. If employees who become eligible for a partial Employer Contribution choose to enroll in insurance, they must do so within thirty (30) days of becoming eligible or during open enrollment. An employee may change their health or dental plan if the employee changes to a new permanent work or residence location and the employee's current plan is no longer available. If the employee has family coverage and if the new residence location is outside of the current plan’s service area, the employee shall be permitted to switch to a new plan administrator and new Benefit Level within thirty (30) days of the residence location change. The election change must be due to and correspond with the change in status. An employee who receives notification of a work location change between the end of an open enrollment period and the beginning of the next insurance year, may change their health or dental plan within thirty (30) days of the date of the relocation under the same provisions accorded during the last open enrollment period. An employee or retiree may also change health or dental plans in any other situation in which the Employer is required by the applicable federal or state law to allow a plan change.
Program Changes Contractor agrees to inform the County of any alteration in program or service delivery at least thirty (30) days prior to the implementation of the change, or as soon as reasonably feasible.
Amendments - Changes/Extra Work The Subrecipient shall make no changes to this Contract without the County’s written consent. In the event that there are new or unforeseen requirements, the County has the discretion with the Subrecipient’s concurrence, to make changes at any time without changing the scope or price of the Contract.‌ If County-initiated changes or changes in laws or government regulations affect price, the Subrecipient’s ability to deliver services, or the project schedule, the Subrecipient will give County written notice no later ten (10) days from the date the law or regulation went into effect or the date the change was proposed and Subrecipient was notified of the change. Such changes shall be agreed to in writing and incorporated into a Contract amendment. Said amendment shall be issued by the County-assigned Contract Administrator, shall require the mutual consent of all Parties, and may be subject to approval by the County Board of Supervisors. Nothing herein shall prohibit the Subrecipient from proceeding with the work as originally set forth or as previously amended in this Contract.
Project Changes Project changes prior to bid opening shall be made by addendum to plans and specifications. Changes after bid opening shall be made by change order. The Local Government shall submit all addenda and all change orders to the Department for an eligibility determination. After execution of all construction, equipment and materials contracts, the Project contingency may be reduced.
Program Budget A) Contractor will expend funds received for operation of its program and services according to Contractor’s annual operating budget. The portions of said budget, which reflect services performed or money paid to Contractor pursuant to this Agreement shall be subject to the approval of the Human Services Agency. B) In the event Contractor determines a reasonable business necessity to transfer funding between personnel and operating expenses specified in the budget submitted to the Human Services Agency the following will apply: 1. Contractor will notify the Human Services Agency of transfers that in the aggregate are between ten percent (10%) and twenty percent (20%) of the maximum contract amount.
Election Changes The Executive may modify the amount of Deferrals annually by filing a new Deferral Election Form with the Employer. The modified deferral shall not be effective until the calendar year following the year in which the subsequent Deferral Election Form is received by the Employer.
Interim Changes Since the date of its balance sheets, except as set forth in Exhibit C, there have been no (1) changes in financial condition, assets, liabilities or business of Amalgamated which, in the aggregate, have been materially adverse; (2) damages, destruction or losses of or to property of Amalgamated, payments of any dividend or other distribution in respect of any class of stock of Amalgamated, or any direct or indirect redemption, purchase or other acquisition of any class of any such stock; or (3) increases paid or agreed to in the compensation, retirement benefits or other commitments to its employees.