Total Fee Adjustment Sample Clauses

The Total Fee Adjustment clause defines how and when the total amount payable under a contract may be modified. Typically, this clause outlines the circumstances that can trigger a fee change, such as changes in project scope, unforeseen costs, or regulatory requirements, and describes the process for calculating and approving the adjustment. Its core practical function is to provide a clear mechanism for revising the contract price, ensuring both parties have a fair and transparent method to address changes in costs during the course of the agreement.
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Total Fee Adjustment. If, at any time during a Contract Year, the total per-Barrel fee paid by Customer to throughput Product across the Berths (including the MTVF, any pass-through costs, any OCR, any MPC, and any other fees) exceeds the total fees paid by any customer, other than Shell Lubes, for use of the Berths, Dock, Wharf, or Marine Terminal, then Operator shall refund Customer, on a per-Barrel basis, any excess paid by Customer in such Contract Year. In such event, Operator shall adjust Customer’s future fees such that Customer’s total per-Barrel fees are no more than any customer, other than Shell Lubes, at the Berths, Dock, Wharf, or Marine Terminal.
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Total Fee Adjustment. If, at any time during a Contract Year, the total per-Barrel fee paid by Customer to Operator (including any pass-through costs, any OCR, any MPC, and any other fees) with respect to throughput of Crude Oil deliveries and services rendered at Terminal 2 or the Long Beach Terminal, respectively, exceeds the total fees paid by any customer, other than Shell Lubes, for use of Terminal 2 or the Long Beach Terminal, as applicable, then Operator shall refund Customer, on a per-Barrel basis, any excess paid by Customer with respect to such Marine Terminal in such Contract Year. In such event, Operator shall adjust Customer’s future fees for such Marine Terminals such that Customer’s total per-Barrel fees at Terminal 2 or the Long Beach Terminal are no more than any customer, other than Shell Lubes, at such Marine Terminals.
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Related to Total Fee Adjustment

  • Fee Adjustments The fixed fees and other fees expressed as stated dollar amounts in this Schedule C and in this Agreement are subject to annual increases, commencing on the one-year anniversary date of the date of this Agreement, in an amount equal to the percentage increase in consumer prices for services as measured by the United States Consumer Price Index entitled “All Services Less Rent of Shelter,” or a similar index should such index no longer be published, since such one-year anniversary or since the date of the last fee increase, as applicable.

  • Minimum Adjustment The adjustments required by the preceding sections of this Article IV shall be made whenever and as often as any specified event requiring an adjustment shall occur, except that no adjustment of the Exercise Price or the number of shares of Common Stock issuable upon exercise of the Warrants that would otherwise be required shall be made unless and until such adjustment either by itself or with other adjustments not previously made increases or decreases by at least 1% the Exercise Price or the number of shares of Common Stock issuable upon exercise of the Warrants immediately prior to the making of such adjustment. Any adjustment representing a change of less than such minimum amount shall be carried forward and made as soon as such adjustment, together with other adjustments required by this Article IV and not previously made, would result in a minimum adjustment. For the purpose of any adjustment, any specified event shall be deemed to have occurred at the close of business on the date of its occurrence. In computing adjustments under this Article IV, fractional interests in Common Stock shall be taken into account to the nearest one-hundredth of a share.

  • True-Up Adjustments From time to time, until the Retirement of the Recovery Bonds, the Servicer shall identify the need for True-Up Adjustments and shall take all reasonable action to obtain and implement such True-Up Adjustments, all in accordance with the following:

  • CPI Adjustment If the CPI Percentage Increase (as defined below) is more than [***] for the relevant Adjustment Period, then the Rent payable during that Adjustment Period shall be adjusted upward by a percentage equal to the CPI Percentage Increase (as defined below) applicable to such Adjustment Period, but not to exceed an adjustment during any Adjustment Period of greater than [***]. The term “Consumer Price Index” shall mean the unadjusted Consumer Price Index for All Urban Workers, U.S. City Average, All Items, 1982-84=100, calculated and published by the United States Department of Labor, Bureau of Labor Statistics. The “CPI Percentage Increase” shall mean, with respect to any Adjustment Period, [***]. For the avoidance of doubt, no CPI Adjustment shall be made to any payment due under this Ground Lease for any Adjustment Period if the result of such CPI Adjustment would be to (a) reduce the amount of such payment to an amount that is less than the amount of such payment due for the immediately preceding Adjustment Period or (b) to raise the amount of such payment to an amount that is greater than [***]. For illustrative purposes only, [***]. The CPI Percentage Increase for any Adjustment Period shall be calculated by the Tenant, and the Tenant shall deliver written notice to the Landlord describing such calculation in reasonable detail (a “CPI Notice”) no later than thirty (30) days after the commencement of any Adjustment Period. If the Landlord disagrees with the Tenant’s calculation of the CPI Percentage Increase, then the Landlord shall deliver to the Tenant written notice, describing the basis for such disagreement in reasonable detail (a “CPI Disagreement Notice”), not later than thirty (30) days after delivery of the CPI Notice. If the Landlord fails to deliver a CPI Disagreement Notice within thirty (30) days after delivery of any CPI Notice, then the Landlord shall be conclusively deemed to have agreed with the calculation of the CPI Percentage Increase set forth in such CPI Notice.

  • Market Value Adjustment Transfer of Current Value from the Funds or AG Account ............ 17 3.08 Notice to the Certificate Holder .................................. 18 3.09 Loans ............................................................. 18 3.10 Systematic Withdrawal Option (SWO) ................................ 18 3.11