Upcharges Sample Clauses

Upcharges. Seller's price increases (or upcharges) as announced by Seller from time to time and in effect at the date title passes to Buyer shall apply to all variations from newsprint in rolls and all changes from standard basis weight or standard finishes; such announced price increases will be in accordance with the announced increases from time to time in the Average Publisher Price for such newsprint.
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Upcharges. The essence of this upcharge section is that the Upcharge reflects A&P’s cost per case for the trailing * prior to February 26, 2005 for all distribution related expenses with a savings of * per case. Schedule 3.2(c)(i) sets forth the information used to calculate the Upcharge. Notwithstanding the parties’ best efforts regarding the determination of the proper Upcharge and other fees, surcharges, and incentives under Section 3 of this Agreement, within * of the end of the first Contract Quarter and * Contract Year, the parties shall meet to review the projections and data used to calculate the Upcharge and the other fees, surcharges, and incentives covered under *Material omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment under Rule 24-b2. Section 3 of this Agreement and shall in good faith adjust, if necessary, the Upcharge and other fees, surcharges, and incentives under Section 3 of this Agreement based on the accuracy of the data provided or data unavailable at the time of the original calculations. It is the parties’ intent that A&P will continue to employ the same business practices with respect to the Facilities or otherwise with respect to supplying the A&P Stores as it employed while it was operating the Facilities (i.e., full pallet rounding and full pallet ordering, mix of inner packs/exxxxx/full cases) and the parties will maintain the same methodology for converting exxxxx to cases. If there is a fundamental change following the Commencement Date in A&P’s sales mix, service requirements or other substantive changes affecting the cost of supplying the A&P Stores, then the parties agree to meet and in good faith adjust the Upcharge.
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Upcharges. When required this will be handled on a case by case basis
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Upcharges. Where the Exhibit 1 to this Pricing Document entitles Contractor to apply upcharges to a unit price or contracted labor rate, Contractor shall in every instance:
Sample 1
Upcharges. Section 8.3 (ii) of the Agreement, related to email upcharge fees, is hereby amended to include the following terms: Beginning January 8, 2003 and ending [***] months thereafter ("Upcharge Grace Period"), ORBITZ shall have no obligation to pay UPSTREAM an email Upcharge Fee with respect to the processing of email Contacts by Contractor. At the end of the Upcharge Grace Period, ORBITZ shall again be obligated to pay UPSTREAM an email Upcharge Fee in accordance with the terms of this Section 8.3 (ii). If the Average Handle Time is drive above [***] minutes based on (i) the occurrence of any of the following at an airline which is one of the top 10 airlines in booking volume on the ORBITZ website (A) bankruptcy, (B) major air schedule change disproportionate to typical semi-annual air schedule changes, (C) major service disruption due to a strike, slow down or merger: (ii) bankruptcy of a car or hotel company which is listed within the ORBITZ booking path; (iii) failure of another ORBITZ vendor, such as ETX or Worldspan, which affects performance of the ORBITZ web site or delivery of ORBITZ travel products to customers; (iv) system unavailability of the ORBITZ website, or (v) any substantial change to the ORBITZ web site made by ORBITZ which causes an increase in Average Handle Time (each, a "Upcharge Event"), then the Upcharge Fee shall extend past an average handle time of [***] minutes at the rate of $[***] dollars for every [***] seconds beyond [***] minutes, but only if the Average Handle Time for the month in which the Upcharge Event occurred is higher than the average of the Average Handle Times for the 3 months immediately preceding the month in which the Upcharge Event occurred.
Sample 1
Upcharges. Sections 8.3(i) and 8.3(ii) of the Agreement, related to telephone and email upcharge fees, is hereby amended to include the following provision: During the Trial Period and any Renewal Period (as defined in Amendment No. 2 of the Agreement), ORBITZ shall have no obligation to pay UPSTREAM a telephone or email Upcharge Fee for Contacts handled by UPSTREAM or Contractor. For the avoidance of doubt, telephone and email Upcharge Fees shall apply upon any termination or expiration of the Trial Period or the Renewal Period.
Sample 1
Upcharges. (i) TELEPHONE. The Transaction Fees assume an Average Handle Time for telephone Contacts of [***] minutes. In addition to the Transaction Fees, ORBITZ will pay UPSTREAM an additional fee ("Upcharge Fee") per Ticket Transaction for Average Handle Times ranging from anything over [***] minutes up to [***] minutes as follows: -------- *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. AVERAGE HANDLE TIME UPCHARGE FEE ------------------- ------------ [***] minutes $[***] [***] minutes $[***] [***] minutes $[***] [***] minutes $[***] [***] minutes $[***] ; provided that the Upcharge Fee shall be capped at the point the Average Handle Time reaches [***] minutes; provided, however, that the Upcharge Fee shall extend past an Average Handle Time of [***] minutes (at the rate of $[***] for every [***] minutes beyond [***]) if the Average Handle Time is driven above [***] minutes based on (i) the occurrence of any of the following at an airline which is one of the top 10 airlines in booking volume on the ORBITZ website (A) bankruptcy, (B) major air schedule change disproportionate to typical semi-annual air schedule changes, (C) major service disruption due to a strike, slow down or merger; (ii) bankruptcy of a car or hotel company which is listed within the ORBITZ booking path; (iii) failure of another ORBITZ vendor, such as ETX or Worldspan, which affects performance of the ORBITZ web site or delivery of ORBITZ travel products to customers; (iv) system unavailability of the ORBITZ website, or (v) any substantial change to the ORBITZ web site made by ORBITZ, which causes an increase in Average Handle Time.
Sample 1
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Related to Upcharges

  • Service Charges No service charge shall be made for any exchange or registration of transfer of Warrants.

  • Charges The Company, Holders, Beneficial Owners, persons depositing Shares or withdrawing Deposited Securities in connection with ADS issuances and cancellations, and persons for whom ADSs are issued or cancelled shall be responsible for the following ADS charges under the terms of the Deposit Agreement:

  • DIRECT CHARGES To the extent Cash-based Expenses are incurred by the Contractor, the Contractor shall be reimbursed for reasonable and necessary actual direct costs incurred (e.g., equipment, supplies, travel and other costs directly associated with the performance of the Agreement) to the extent required in the performance of the Work and to the extent such costs are anticipated in the Budget. Travel, lodging, meals and incidental expenses shall be reimbursed for reasonable and necessary costs incurred. Costs shall not exceed the daily per diem rates published in the Federal Travel Regulations. Reimbursement for the use of personal vehicles shall be limited to the Internal Revenue Service business standard mileage rate in effect at the time the expense was incurred.

  • Taxes; Charges Each Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon any Individual Property or become payable during the term of the Loans (the “Taxes”), and will promptly furnish the Administrative Agent with evidence of such payment; however, each Borrower’s compliance with Sections 5.8(1) and 5.9(2) of this Agreement relating to impounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.2. No Borrower shall suffer or permit the joint assessment of any Individual Property with any other real property constituting a separate tax lot or with any other real or personal property. Each Borrower shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on any Individual Property; however, so long as no Event of Default (following any required notice from the Administrative Agent to the Borrowers and following the expiration of any applicable cure period) shall exist, a Borrower may contest the validity of such claims and demands or Taxes so long as (a) such Borrower notifies the Administrative Agent that it intends to contest such claim or demand or Taxes, (b) such Borrower provides the Administrative Agent with cash or an irrevocable letter of credit issued by a financial institution satisfactory to the Administrative Agent in an amount equal to 110% of the contested amount or such other security satisfactory to the Administrative Agent in its reasonable discretion (including an endorsement to the Administrative Agent’s title insurance policy insuring against such claim or demand) assuring the discharge of such Borrower’s obligations for such claims and demands or payment of Taxes, including interest and penalties, and (c) such Borrower is diligently contesting the same by appropriate legal proceedings in good faith and at its own expense and concludes such contest or obtains a stay thereof prior to the thirtieth (30th) day preceding the date on which any Individual Property is scheduled to be sold for non-payment. In the event that any Borrower is contesting any Taxes in accordance with this Section 8.2, the Administrative Agent shall not pay such Taxes as required pursuant to Section 5.9(2) hereof provided that such Borrower provides the Administrative Agent with (i) a written request to cease payment of Taxes and (ii) evidence reasonably satisfactory to the Administrative Agent that the Taxes are being contested in accordance with this Section 8.2.

  • Maximum Charges In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under law. In the event interest and other charges as computed hereunder would otherwise exceed the highest rate permitted under law, such excess amount shall be first applied to any unpaid principal balance owed by Borrowers, and if the then remaining excess amount is greater than the previously unpaid principal balance, Lenders shall promptly refund such excess amount to Borrowers and the provisions hereof shall be deemed amended to provide for such permissible rate.

  • Common Area Charges Tenant shall pay to Landlord, as additional rent, an amount equal to One Hundred percent (100.00%) of the total common area charges as defined below. Tenant’s percentage share of common area charges shall be paid as follows. Tenant’s estimated monthly payment of common area charges payable by Tenant during the calendar year in which the term commences is set forth in paragraph 4(b) of this lease. Prior to the commencement of each succeeding calendar year of the term (or as soon as practicable thereafter, Landlord shall deliver to Tenant a written estimate of Tenant’s monthly payment of common area charges. Tenant shall pay, as additional rent, on the first day of each month during the term in accordance with paragraph 4(b) of the lease, its monthly share of common area charges as estimated by Landlord. Within one hundred twenty (120) days of the end of each calendar year and of the termination of this lease (or as soon as practicable thereafter), Landlord shall deliver to Tenant a statement of actual common area charges incurred for the preceding year. If such statement shows that Tenant has paid for less than its actual percentage, then Tenant shall on demand pay to Landlord the amount of such deficiency. If Tenant fails to pay such deficiency due within ten (10) days after demand, Tenant shall pay an additional ten percent (10%) of the amount due as a penalty. If such statement shows that Tenant has paid more than its actual percentage share then Landlord shall, at its option, promptly refund such excess to Tenant or credit the amount thereof to the common area charge next becoming due from Tenant. Landlord reserves the right to revise any estimate of common area charges if actual or projected common area charges show an increase or decrease in excess of 10% from any earlier estimate for the same period. In such event, Landlord shall deliver the revised estimate to Tenant, together with an explanation of the reasons therefore, and Tenant shall revise its payments accordingly. Landlord’s and Tenant’s obligation with respect to adjustments at the end of the term or earlier expiration of this lease shall survive such termination or expiration. “Common area charges,” as used in this lease, shall include, but not be limited to, (i) all items identified in paragraphs 8, 9, 11, 12, 13 and 16 as being common area charges; (ii) amortization of such capital improvements having a useful life greater than one year as Landlord may have installed for the purpose of reducing operating costs and/or to comply with governmental rules and regulations promulgated after completion of the building (Tenant’s share of any such capital improvement shall equal Tenant’s proportionate share of the fraction of the cost of such capital improvement equal to the remaining term of the lease over the useful life of such capital improvement); (iii) salaries and employee benefits (including union benefits) of personnel engaged in the operation and maintenance of the Project (or the building in which the Premises are located) and payroll taxes applicable thereto; (iv) supplies, materials, equipment and tools used or required in connection with the operation and maintenance of the Project; (v) licenses, permits and inspection fees; (vi) a reasonable reserve for repairs and replacement of equipment used in the maintenance and operation of the Project; (vii) all other operating costs incurred by Landlord in maintaining and operating the Project; and (viii) an amount equal to five percent (5%) of the actual expenditures for the aggregate of all other common area charges as compensation for Landlord’s accounting and processing services.

  • Taxes and Charges Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.

  • Sales Taxes The Seller shall bear and pay, and shall reimburse the Purchaser and the Purchaser’s affiliates for, any sales taxes, use taxes, transfer taxes, documentary charges, recording fees or similar taxes, charges, fees or expenses that may become payable in connection with the sale of the Assets to the Purchaser or in connection with any of the other Transactions.

  • Premium Taxes If premium taxes are incurred, they will be deducted from the contract accumulation, to the extent permitted by law.

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