Utilization Adjustment. Whenever in the reasonable opinion of the Concessionaire, the exercise by the City of its Reserved Powers (including the designation of any Other Metered Parking Spaces), other than a change in Metered Parking Fees, Periods of Operation, Periods of Stay or Rate to Fine Multiple factor, has caused a reduction in both the Utilization Rate of the Concessionaire Metered Parking Spaces and Aggregate Revenue Value, measured over a period of at least 60 Days, then, upon the written request of the Concessionaire, the City shall, after taking into account information provided by the Concessionaire with respect to the Utilization Rate over such 60 Day period (i) evaluate the Utilization Rate of all Concession Metered Parking Spaces as needed to adjust the then current Revenue Value of each Concession Metered Parking Space, taking into account such exercise by the City of its Reserved Powers and (ii) promptly make such adjustments in the Utilization Rate of Concession Metered Parking Spaces in accordance with the results of such evaluation.
Utilization Adjustment. Whenever in the reasonable opinion of the Concessionaire, the exercise by the City of its Reserved Powers, other than a change in Metered Parking Fees, Periods of Operation, Periods of Stay or Rate to Fine Multiple factor, has caused a reduction in both the Utilization Rate of the Concessionaire Metered Parking Spaces and Aggregate Revenue Value, measured over a period of at least 60 Days, then, upon the written request of the Concessionaire, the City shall, after taking into account information provided by the Concessionaire with respect to the Utilization Rate over such 60 Day period (i) evaluate the Utilization Rate of all Concession Metered Parking Spaces as needed to adjust the then current Revenue Value of each Concession Metered Parking Space, taking into account such exercise by the City of its Reserved Powers and (ii) promptly make such adjustments in the Utilization Rate of Concession Metered Parking Spaces in accordance with the results of such evaluation.
Utilization Adjustment. Domestic Rates shall also be adjusted based on the change in APL's utilization of Stack Car or Spine Cars ("Utilization Adjustment"). The Utilization Adjustment shall be made in May 1996 for trains moving between April 1, 1995 and March 29, 1996. Another Utilization Adjustment shall be made in November 1996 for trains that moved between March 30, 1996 and October 4, 1996. Subsequently, Utilization Adjustments shall be made quarterly beginning on February 1, 1997 based on the utilization for trains for the preceding calendar quarter. The Utilization Adjustment shall be made separately in each of the following lanes: FROM TO NOTES ---- -- ----- Los Angeles Chicago Chicago Los Angeles Does not apply to Westbound Third AM Service Oakland/Lathrop Chicago Chicago Oakland/Lathrop Does not apply to Westbound Third AM Service Memphis Interchange Oakland/Lathrop Portland/Seattle Chicago Chicago Portland/Seattle Memphis Interchange Portland/Seattle Chicago Salt Lake City Los Angeles Texas Points Texas Points Los Angeles Los Angeles Memphis/New Orleans Memphis/New Orleans Los Angeles Texas points will include Dallas, El Paso, Houston and San Antonio. Los Angeles will include the following intermodal terminals: the APL On-Dock facility at San Xxxxx, ICTF and UP's terminal at East Los Angeles. Texas Points shall be measured and adjusted as a single location. Memphis local, Memphis interchange, New Orleans local and New Orleans interchange shall be measured and adjusted as a single location. The Los Angeles area terminals shown in the foregoing shall be measured and adjusted as a single location. Portland/Seattle and Oakland/Lathrop shall be measured and adjusted as single locations. Calculation of the Utilization Adjustment shall exclude Containers offered by APL to UP for movement on Flatcars. The Utilization Adjustment shall be calculated in the following way:
