Volume Adjustments. Royalty payments due Tessera hereunder shall be adjusted by multiplying Licensee’s total base royalty calculated under Paragraph B. above, by a [*] ([*]) until Licensee has paid Tessera [*] US Dollars (US$[*]) in aggregate royalties, and then by a [*] ([*]) until Licensee has paid Tessera an additional [*] US Dollars (US$[*]) in royalties. Discount for prepayment: At any time, Licensee may elect to pay Tessera [*] US Dollars (US$[*]) in lieu of any such Volume Adjustments, in which event said Licensee shall notify Tessera and tender such payment and henceforth pay royalties at the lowest level (as set forth in Paragraph III.B., above).
Volume Adjustments. 38.1.3.1. While volume adjustments are catered for in Attachment G2, it is acknowledged that the actual volumes relating to the Services will be verified by the Service Provider during the Benchmarking Review with the result thereof to be agreed with Transnet and taken into consideration in the Benchmarking Review.
38.1.3.2. On a monthly basis, the Service Provider shall undertake an assessment of any volume adjustments and the Fees will be adjusted for any such volume changes provided that increases or decreases in volumes shall only result in a corresponding Fee increase or decrease, as the case may be, in instances where the volume increase or decrease is more than 5% (five percent) higher than the Agreed Volume Baseline.
Volume Adjustments. If any test shows the meter or densitometer factor then in use is in error by more than one-quarter of one percent (0.25%), such equipment or correction factor will be properly adjusted at once to zero error and the previous readings of such equipment will be corrected for any prior period of inaccuracy which is known definitely or agreed upon. For any error not known or agreed upon for the period in which the equipment was inaccurate or out of service, the volume of NGLs shall be determined by the first of the following methods that is applicable:
A. Using measurements from accurate check meters which were in operation during the period to be corrected;
B. by correcting the error if the percentage of error is ascertainable by calibration test or calculation; or
C. by a method to be agreed upon by both parties. The correction shall be retroactive for one-half (1/2) of the period affected, but not to exceed 16 Days.
Volume Adjustments. 5.1 CUSTOMER shall not be subject to […***…] based on the quantity of Products purchased hereunder.
5.2 Any forecasts or annual usage figures provided hereunder are “best judgment” figures which are subject to change as business conditions change and are not to be construed as a commitment. Supplier shall rely upon such figures at its own risk.
5.3 Notwithstanding any provision herein or any other verbal or written requirements or provisions, CUSTOMER shall not be obligated to any specific dollar expenditure.
Volume Adjustments. If any test shows the measurement equipment and factors then in use are in error so that the total measurement error exceeds one-half of one percent (.50%), such equipment or correction factors will be properly adjusted to zero error and the previous readings of such equipment will be corrected for any prior period of inaccuracy if the correct readings are known or are agreed upon by the Parties. For any error not known or not agreed upon for the period in which the equipment was inaccurate or out of service, the volume of NGL's shall be determined by the first of the following methods that is applicable:
(i) By correcting the error if the percentage of error is ascertainable by calibration test or calculation.
(ii) By using measurements from accurate check meters that have been tested in accordance with this Agreement and were in operation during the period to be corrected.
(iii) By any other method agreed upon by both Parties. For any period not known or agreed upon, such correction shall apply to one-half (1/2) of the period affected but shall not exceed sixteen (16) Days.
Volume Adjustments. Royalty payments due Tessera hereunder shall be adjusted by multiplying Licensee's total base royalty calculated under Paragraph III.B. above, by a factor of [*] ([*]) until Licensee has paid Tessera [*] US DOLLARS (US$[*]) in aggregate royalties, and then by a factor of [*] ([*]) until Licensee has paid Tessera an additional [*] US DOLLARS (US$[*]) in royalties. DISCOUNT FOR PREPAYMENT: At any time, Licensee may elect to pay Tessera [*] US DOLLARS (US$[*]) in lieu of any such Volume Adjustments, in which event said Licensee shall notify Tessera and tender such payment and henceforth pay royalties at the lowest level (as set forth in Paragraph III.B., above) without any such Volume Adjustments.
Volume Adjustments. In the event that during any Contract Year, BWD’s average [***] case purchases of Merchandise and any other items shipped under this Agreement for any Contract Year are: (aa) [***] [***].
Volume Adjustments. The amount of any Volume Adjustment which is applicable for the immediately preceding Contract Year shall be calculated on an annual basis within fifteen (15) days of the end of each Contract Year pursuant to the terms of Schedule 7. If the Volume Adjustment consists of a volume discount, such amount shall be credited to the Purchaser and shall be offset against payments due by Purchaser in respect of subsequent Monthly Orders, and if the Volume Adjustment consists of a volume premium, the Supplier shall issue an invoice for such amount to the Purchaser, which invoice shall be payable by the Purchaser on the next following Payment Date which shall not be less than 30 days from the invoice date.
Volume Adjustments. As soon as the 80nm-Margin (as defined in Annex 1, Part III) for 80nm-Contract Products in the Reserved 300mm-Capacity becomes negative for a period of three consecutive months, [***]
Volume Adjustments. Qimonda is committed to purchase from Winbond and Winbond is committed to sell to Qimonda the 70nm-Contract Product and the 58nm-Contract Product produced by Winbond in its 300mm fab in Taichung for Qimonda and/or its Subsidiaries according to the reserved capacity specified in ANNEX 2 of this Addendum. As soon as the 70nm-Margin or respectively the 58nm-Margin (as defined in Annex 1) for 70nm-Contract Products or respectively 58nm-Contract Products in the Reserved 300mm-Capacity which is based on Margin Sharing according to Annex I becomes negative for a period of three consecutive months, [***]
