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...
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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;
Sample 1
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.
Sample 1

Related to Revisions to the Base Case

  • Modifications to the Agreement This Agreement constitutes the entire understanding of the parties on the subjects covered. The Employee expressly warrants that he or she is not executing this Agreement in reliance on any promises, representations, or inducements other than those contained herein. Modifications to this Agreement or the Plan can be made only in an express written contract executed by a duly authorized officer of the Company.

  • 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.

  • Modifications to the General Conditions The modifications to the General Conditions are as follows: 1. Paragraph (a) of Section 2.07 is modified to read as follows:

  • 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.

  • Early Construction of Base Case Facilities Developer may request Connecting Transmission Owner to construct, and Connecting Transmission Owner shall construct, subject to a binding cost allocation agreement reached in accordance with Attachment S to the ISO OATT, including Section 25.8.7 thereof, using Reasonable Efforts to accommodate Developer’s In-Service Date, all or any portion of any System Upgrade Facilities or System Deliverability Upgrades required for Developer to be interconnected to the New York State Transmission System which are included in the Base Case of the Class Year Study for the Developer, and which also are required to be constructed for another Developer, but where such construction is not scheduled to be completed in time to achieve Developer’s In-Service Date.

  • 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.

  • Amendments to the Original Agreement (a) of the Original Agreement is hereby deleted and replaced in its entirety to read as follows:

  • Modifications to Agreement You acknowledge that the practice of registering and administering domain names is constantly evolving; therefore, you agree that Tucows may modify this Agreement, or any other related and/or applicable agreement, as is necessary to comply with its agreements with ICANN, a registry or any other entity or individual, as well as to adjust to changing circumstances. Your continued use of the domain name registered to you will constitute your acceptance of this Agreement with any revisions. If you do not agree to any change, you may request that your domain name registration be cancelled or transferred to a different accredited registrar. You agree that such cancellation or request for transfer will be your exclusive remedy if you do not wish to abide by any change to this Agreement, or any other related and/or applicable agreement.

  • Project Changes 1.8.1. All changes shall be administered per the UGC. 1.8.2. Upon authorization by the Owner, the Owner or Architect/Engineer will prepare and issue all changes to the Contract affecting cost, scope and/or time as a formal Change Order to the Contract on the standard University of Texas MD Xxxxxxxx Cancer Center Change Order form. The Change Order may include separate change issues, identified as Change Proposals and field orders. 1.8.3. Upon authorization by the Owner, Change Proposals may be issued to the Architect/Engineer for pricing by the Contractor. Contractor shall submit pricing to the Owner within twenty-one (21) days and pricing shall be indicated on the standard Owner "Change in Work Cost Analysis" ("Cost Analysis") form provided in the Pre-Construction Conference Brochure. Contractor may not include a Change Proposal within a Change Order unless the Owner has accepted the Change Proposal. 1.8.3.1. The Contractor shall summarize all costs for each change at each level of subcontractor and supplier by preparing the "Cost Analysis" form, and shall provide each subcontractor's cost summary on separate "Cost Analysis" forms as backup. Additional support documentation from both the Contractor and Contractor’s subcontractors is encouraged, but such will not replace use of the standard form. 1.8.3.2. When the Contractor believes it is entitled to a time extension, Contractor shall so state as part of Contractor’s response to the Change Proposal, including a justifica- tion for a time extension. Owner may grant time extensions only if a Change Proposal affects the activities on the Longest Path of an Owner approved Work Progress Schedule; i.e., when the Work impacts the "Contract Substantial Completion Date". 1.8.3.3. If the Owner’s Project Manager and Contractor cannot mutually agree upon a fair and reasonable cost and time settlement, the Owner’s Project Manager may: 1) Reject the quotation and void the Change Proposal, 2) Issue instructions to the Contractor to proceed on a time and material basis for a price to be determined later not to exceed a fixed maximum dollar and time, or 3) Issue a Unilateral Change Order. 1.8.3.4. The Owner’s Construction Inspector and/or Owner’s Project Manager may issue field orders directly to the Contractor for minor changes to the Contract, which can be negotiated in the field. Pricing backup is at the discretion of the Owner’s Construction Inspector, but pricing backup is required for any field order, the pricing backup is to be outlined on the "Cost Analysis" form. When the Owner and Contractor have signed the field order, the Work is authorized and the field order may be included in the next Change Order. 1.8.4. Request for payment for Change Order work may be submitted only after the Change Order has been fully executed.

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