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Volume Adjustment. For volume related Account Processing Services Fixed Monthly Fee adjustments, Fiserv shall reprice the Account Processing Services Fixed Monthly Fee in accordance with the following:
Volume Adjustment. Notwithstanding Article 1.2 of this Agreement, between [***], through [***], (i) the annual Minimum Volume shall be [***] ([***]) pounds of Product, and (ii) the annual Maximum Volume shall be [***] ([***])
Volume Adjustment. 4.1 When the Margin according to any of the models referred to in Annex 1 of the Agreement is negative, then each Party shall have the right to adjust the wspm volume set forth on this Annex 2 of the respective negative Margin bearing Contract Product; provided that the Parties shall resume their obligations under the full Reserved Capacity as soon as the Margin becomes positive.
4.2 On a monthly basis, the Parties will discuss in good faith the extent and timing of a reduction in volume in accordance with Section 3.2.2 of the Agreement and taking into consideration Infineon’s then outstanding delivery obligations for Contract Products to its customers. Further, in no event shall the Reserved Capacity for 300mm Wafers be reduced below [***] wspm.
4.3 In addition, in order to prevent SMIC from requesting a wspm volume reduction, Infineon shall have the right to compensate SMIC for the lacking US Dollar amount which causes the Margin to become negative, in which case the then current wspm volume shall not be reduced.
4.4 The Parties acknowledge that the ongoing ramp up of the Reserved Capacity for 200mm Wafers, as of January 2004, has reached a volume of [***] wspm. SMIC agrees to increase the number of actual Wafer starts to said [***] Wafers from February 2004 on (“[***] Wafer In”). Only after [***] Wafer In have been reached, the wspm volume may again become subject to adjustment pursuant to this Section 4.
Volume Adjustment. (i) The Operator will regularly measure and record the volume of Biosolids and Pellets processed through the Pelletizer Facility. Commencing three months after the Effective Date and every three (3) months thereafter for the Term, the Parties shall conduct a reconciliation of the total amount of Biosolids measured in Dry Tonnes, which were processed by the Pelletizer Facility during the prior three
Volume Adjustment. For on-going volume related fee adjustments, the following categories will be measured: Demand Deposit Transactions Total open Demand, Savings, and Time Deposit Accounts Total open Retail (Installment, Line of Credit and Mortgage) Accounts and Commercial Loan Notes In the event that the Client's volumes increase during the term of this Agreement, Fiserv shall limit any increase to the Account Processing Services Fixed Monthly Fee in accordance with the following:
Volume Adjustment. Within 25 days after the end of each Quarter, Xxxxxxxx Xxxxx shall determine the aggregate revenues actually received by Sanifill, Xxxxxxxx Xxxxx and their Affiliates during such preceding Quarter from the Collection or Disposal of NOW and other oilfield wastes, the remediation and closure of oilfield waste pits, including related loading and hauling, or onshore cleaning operations in the Covered Region, with the exception of revenues attributable to extraordinary levies as described in Section 3.5 and revenues from (i) the Disposal of Excluded NOW, (ii) the Disposal at the Xxxxxx Facility of NOW Collected within a 200-mile radius of the Xxxxxx Facility, including charges for such Collection or (iii) the Disposal of NOW pursuant to this Agreement (the "Sanifill NOW Revenues"). The Volume Adjustment for each Quarter shall be calculated by dividing the aggregate Sanifill NOW Revenues for such Quarter by the Prevailing Rate for such Quarter. Xxxxxxxx Xxxxx shall notify Disposeco (the "Volume Adjustment Notice") of the Volume Adjustment within 25 days after the end of each Quarter. Notwithstanding the foregoing, any Person who acquires any of the Landfarms, directly or indirectly, shall become subject to this Section 2.2.3 as if it were Xxxxxxxx Xxxxx; provided, however, that no revenues from operations of such Person or its Affiliates that existed at the time of such acquisition shall be included in calculations under this Section 2.2.3.
Volume Adjustment. The OCM Charge for each In-Scope Category and GEO is set forth in the Pricing Tables. That charge is based on the OCM Spend Estimate. The charge will be adjusted each month based on the actual OCM Spend within that Category and GEO using the following method:
(i) Determine the actual total OCM Spend for all In-Scope Categories within the Complexity Level and GEO (the “OCM Actual").
(ii) Calculate the difference between the OCM Actual and the OCM Estimate (the “OCM Variance") — positive (if OCM Actual exceeds the OCM Estimate) or negative (if OCM Actual is less than the OCM Estimate).
(iii) The price adjustment factor is the OCM Variance divided by the Trigger Value for the relevant Complexity Level and GEO, rounded down to the nearest whole integer number. If the Trigger Value Confidential to Solectron and IBM * Omitted and filed separately with the SEC pursuant to a confidential treatment request exceeds the Volume Baseline and the Complexity Level is removed from scope, the Trigger Value is deemed to equal the Volume Baseline (so that the entire charge for that Complexity Level is eliminated).
(iv) The price adjustment equals the price adjustment factor multiplied by the applicable Volume Adjustment Rate stipulated in the Pricing Tables in Annex C1-4. If the OCM Variance is positive, the price adjustment increases the charges payable by Solectron. If the OCM Variance is negative, the price adjustment reduces the charges payable by Solectron. • [*]
Volume Adjustment. In the event that Net Sales of a specific Product in the Novartis Territory satisfy the applicable Annual Net Sales threshold in a Contract Year, the Basic Percentage applicable to such specific Product shall [**] accordance with the following schedule: Incremental Annual Net Sales of applicable Product (on a Basic Percentage Product-by-Product basis) in the Novartis Territory during the applicable Applicable to the Amount Contract Year: Corresponding to Annual Net Sales (and not greater or lesser amounts): Greater than $[**] and less than or equal to $[**]million [**]% Greater than $[**] and less than or equal to $[**] million [**]% Greater than $[**] and less than or equal to $[**]million [**]% Greater than $[**] and less than or equal to $[**]million [**]% Greater than $[**] and less than or equal to $[**] million [**]% Greater than $[**] and less than or equal to $[**] million [**]% Greater than $[**] and less than or equal to $[**] million [**]% Greater than $[**] and less than or equal to $[**] million [**]% Greater than $[**] and less than or equal to $[**] [**]% Greater than $[**] [**]% By way of example, in a Contract Year in which Annual Net Sales with respect to a Product in the Novartis Territory are $1.2 billion, [**] will be calculated as follows:[**] the total amount due to Idenix in respect of such Product in such Contract Year.
Volume Adjustment. Notwithstanding Article 1.2 of this Agreement, between [***] through [***]: (i) the annual Minimum Volume shall be [***] ([***]) pounds of Product, and (ii) the annual Maximum Volume shall be [***] ([***]) pounds of Product. Under Article 1.2(d) of the Agreement, the maximum annual volume for all grades of caprolactam shall be [***] ([***]) and the maximum annual volume for Polymer shall be [***] ([***]) from [***] through [***].
