Xxxxxx of Justification. In a special rate review under this Section, the Party requesting the special rate review shall bear the burden of justifying, by substantial evidence, its request for an adjustment in the rate. If County, acting reasonably, determines that Contractor has not met its burden, it shall notify Contractor that it is prepared to deny Contractor’s request for an increase in the rates, or to proceed with a reduction in the rates. Within ten (10) days after such notice, Contractor may request a hearing before County’s governing body to produce additional evidence. Upon such request, County shall provide a hearing before County’s governing body.
Xxxxxx of Justification. Contractor shall bear the burden of justifying to the City by substantial evidence its entitlement to continuation of current, as well as any increases in, Contractor’s Compensation. If the Director determines that the Contractor has not met its burden, he/she will notify the Contractor that he/she is prepared to deny Contractor’s request for additional compensation or to proceed with a reduction in compensation. If the Contractor requests, the City will provide Contractor a hearing before the Director at which it may produce additional evidence.
Xxxxxx of Justification. In a special Compensation review under this section, Contractor shall bear the burden of justifying to County by substantial evidence its entitlement to continuation of current, as well as any increases in, Contractor’s Compensation. If County determines that Contractor has not met its burden, it shall notify Contractor that it is prepared to deny Contractor’s request for an increase in Compensation, or to proceed with a reduction in Compensation. Within ten (10) days after such notice, Contractor may request a hearing before County’s governing body to produce additional evidence. Upon such request, County shall provide a hearing before County governing body.
Xxxxxx of Justification. Contractor shall bear the burden of justifying to the CCCSWA by 3065 substantial evidence any entitlement to current, as well as increased, Maximum Rates under this 3066 Section 10.4. Records required to be maintained pursuant to Article 12 shall be subject to review, 3067 in accordance with appropriate professional standards, and inspection, for the primary purpose of 3068 reviewing changes in costs to the Contractor attributable to the circumstances that triggered the 3069 special review of Maximum Rates, at any reasonable time by an independent third party. The 3070 selection of the independent third party as well as the scope of work for such review shall be 3071 approved in advance by the CCCSWA. The independent reviewer shall provide any and all drafts of 3072 its review to the CCCSWA and the Contractor. The Party requesting the Special Rate adjustment 3073 review shall bear the cost of the review. 3074 If the CCCSWA determines that the Contractor has not met its burden, the Contractor may request 3075 a meeting with CCCSWA to produce additional evidence. Upon such request, the CCCSWA shall 3076 permit said additional hearing. Any resulting disputes shall be managed pursuant to Article 15.
Xxxxxx of Justification. Contractor shall bear the burden of justifying to the City by substantial evidence any entitlement to current, as well as a reduced or increased, per-Ton Recovered Materials Revenue Payment amount under this Section 7.6. Records required to be maintained pursuant to Article 9 shall be subject to review, in accordance with appropriate professional standards, and inspection, for the primary purpose of reviewing changes in costs and material sales revenues to the Contractor attributable to the circumstances that triggered the Special Recovered Materials Revenue Payment Adjustment review, at any reasonable time by an independent third party. The selection of the independent third party as well as the scope of work for such review shall be approved in advance by the City. The independent reviewer shall provide any and all drafts of its review to the City and the Contractor. The Party requesting the extraordinary Rate adjustment review shall bear the cost of the review. If the City determines that the Contractor has not met its burden, the Contractor may request a meeting with City to produce additional evidence. Upon such request, the City shall permit said additional hearing. Any resulting disputes shall be managed pursuant to Article 12.
Xxxxxx of Justification. In a special compensation review under this section, Contractor shall bear the burden of justifying to the Agency by substantial evidence its entitlement to continuation of current, as well as any increases in, Contractor’s Compensation. If the Agency determines that the Contractor has not met its burden, it shall notify Contractor that it is prepared to deny Contractor’s request for 3694 3695 3696 3697 3698 3699 3700 3701 3702 3703 3704 3705 3706 3707 3708 3709 3710 3711 3712 3713 3714 3715 3716 3717 3718 3719 3720 3721 3722 3723 3724 3725 3726 3727 3728 3729 3730 3731 3732 3733 3734 3735 an increase in compensation, or to proceed with a reduction in compensation. Within ten (10) days after such notice, Contractor may request a hearing before the Agency’s governing body to produce additional evidence. Upon such request, the Agency shall provide a hearing before the Agency governing body.
Xxxxxx of Justification. Contractor shall bear the burden of justifying to City by Substantial Evidence any entitlement to a Rate adjustment under this Section 7.4. If the City determines that the Contractor has not met its burden, the Contractor may, before seeking a writ under Section 7.5, request another hearing to produce additional evidence. Upon request, the City may permit said additional hearing. Contractor shall be deemed to have satisfied its burden if it provides reasonable supporting evidence (subject to independent verification by the City and/or a third- party verifier) that (i) an eligible event has occurred or will occur, (ii) such event has increased or will increase Contractor’s costs of performing its obligations under this Agreement, (iii) such increased costs are reasonable, and (iv) such increased costs are not already provided for in the pass-through of disposal and processing tip fees, City franchise and other fees, and recycling revenues, set forth in this Agreement. If Contractor meets its burden, then Contractor shall be entitled to a special Rate adjustment sufficient to cover such reasonable increased costs, whether incurred before or after the date of the Rate adjustment, plus a profit margin of ten percent (10%) on all non-pass-through costs.
Xxxxxx of Justification. Contractor shall bear the burden of justifying to the 8 SBWMA by substantial evidence any entitlement to current, as well as increased,
Xxxxxx of Justification. Contractor shall bear the burden of justifying to the Agency by 2819 substantial evidence any entitlement to current, as well as increased, Contractor’s 2820 Compensation under this Section 11.05. If the Agency determines that the Contractor has 2821 not met its burden, the Contractor may request one hearing to produce additional 2822 evidence. Upon such request, the Agency shall permit said additional hearing. In the 2823 event the Agency denies Contractor’s request, Contractor shall have the right to present 2824 its claim in a court of competent jurisdiction. 2825 X. Xxxxx of Request. Based on evidence including, but not limited to that submitted by 2826 Contractor, the Agency Council {or Board} may grant some, all, or none of the requested 2827 increase (or decrease) and approve the adjusted Contractor’s Compensation. 2828 2829 2830 2831 2832 2833 2834
Xxxxxx of Justification. Contractor shall bear the burden of justifying to the CCCSWA by substantial 1463 evidence any entitlement to current, as well as a reduced or increased, per‐Ton Recyclables Revenue 1464 Payment amount under this Section 7.5. Records required to be maintained pursuant to Article 9 shall be 1465 subject to review, in accordance with appropriate professional standards, and inspection, for the primary 1466 purpose of reviewing changes in costs and material sales revenues to the Contractor attributable to the 1467 circumstances that triggered the Special Revenue Payment Adjustment review, at any reasonable time by an 1468 independent third party. The selection of the independent third party as well as the scope of work for such 1469 review shall be approved in advance by the CCCSWA. The independent reviewer shall provide any and all 1470 drafts of its review to the CCCSWA and the Contractor. The Party requesting the extraordinary Rate 1471 adjustment review shall bear the cost of the review. 1472 If the CCCSWA determines that the Contractor has not met its burden, the Contractor may request a 1473 meeting with CCCSWA to produce additional evidence. Upon such request, the CCCSWA shall permit said 1474 additional hearing. Any resulting disputes shall be managed pursuant to Article 12.
