Adjustment for Inflation Clause Samples

Adjustment for Inflation. Some rental payments due under this agreement shall be adjusted for inflation, beginning on the first annual anniversary date of this agreement, and annually thereafter. The initial adjustment shall be made on August 1st, 2001 and shall apply to the monthly payments beginning with the August, 2001 payment. Subsequent adjustments shall be made annually on the anniversary of the initial adjustment. Each adjustment shall be made by multiplying the ratio obtained by dividing the current Consumer Price Index-All Urban Consumers (CPI-U) by the Consumer Price Index-All Urban Consumers (CPI-U) in effect one year earlier times the rental amount in effect one year earlier.

Adjustment for Inflation. For any funding obligation under a Non-ICP Interim Measure in Appendix D expressly made subject to adjustment for inflation, the following formula shall be applied at the time of payment: AD = D x (CPI-U t) / (CPI-Uo)) WHERE: AD = Adjusted dollar amount payable. D = Dollar amount prescribed in the Interim Measure. CPI-Ut = the value of the published version of the Consumer Price Index-Urban for the month of September in the year prior to the date a dollar amount is payable. (The CPI-U is published monthly by the Bureau of Labor Statistics of the federal Department of Labor. If that index ceases to be published, any reasonably equivalent index published by the Bureau of Economic Analysis may be substituted by written agreement of the Parties.) CPI-Uo = the value of the Consumer Price Index-Urban for the month and year corresponding to the Effective Date of this Settlement.

Adjustment for Inflation. The Coal Prices per ton set forth in Section 8 shall be increased or decreased for each percentage point of change, or proportionately for fractional parts of a percentage point of change, to reflect changes in the following indices. The Coal Price will be allocated per the index weights detailed below. Changes shall become effective semi annually as of January 1, and July 1 of each year, beginning July 1, 2005, and shall be based upon the preliminary indices for November and May respectively. The index base and base amounts shall be the following: * Portion omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission. CPI (W) ** 30 % 186.8 Preliminary November 2004 PPI industrial Commodities - Less Fuel & Pwr** 32 % 154.9 Preliminary November 2004 #2 Diesel Fuel wpu 0573- 03** 8 % 159.7 Preliminary November 2004 GDP-1PD*** 15 % 108.452 Q3 2004 Prime Rate**** 15 % 5.25 December 31, 2004 ** U.S. Department of Labor, Bureau of Labor Statistics, Not Seasonally Adjusted. *** U.S. Department of Commerce, Bureau of Economic Analysis, Price Indexes for Gross Domestic Product, Expanded D / Table 1.5.4 / Seasonally Adjusted. **** Prime Rate of interest as reported in the money rates section of the Wall Street Journal for the last business day of the quarter — as published on the subsequent business day. The impact of the semi-annual escalations, on a net basis, as weighted above shall not impact the Base Price until they exceed an Embedded Escalation Deadband, on a semi-annual basis, as follows: Escalation Date Increase Increase Jul 1, 2005 [ * ] [ * ] Jan 1, 2006 [ * ] [ * ] Jul 1, 2006 [ * ] [ * ] Jan 1, 2007 [ * ] [ * ] Jul 1, 2007 [ * ] [ * ] Notwithstanding anything contained herein to the contrary, in no event shall the Coal Price as adjusted pursuant to this agreement at any time be less than the original Coal Price stated in Section 8, by calendar year, as set forth above . If the basis for any of the index numbers is changed, said index shall be adjusted to take into account such changed basis. In the event any designated index is discontinued or altered, becomes unavailable, or is no longer applicable, the Parties shall undertake to agree on a substitute index or a substitute method of cost adjustment which most closely matches the economic structure of the discontinued or altered index. If the Parties fail to reach agreement on the substitute index or method within 90 days, then the substitute ...

Adjustment for Inflation. The Maintenance Reserve rates set forth in paragraphs 1, 2A and 3 above (inclusive of subsections and including the table appearing in Section 2A(ii)), shall be increased for inflation on 1 June of each calendar year (commencing 1 June 2011) by a percentage amount equal to ***** by adding: (x) the product of the then current Maintenance Reserve rate multiplied by the value of *****, and (y) the then current Maintenance Reserve rate, as the same has been increased in accordance with this paragraph 6A.

Adjustment for Inflation. (a) Not later than []of each year the Company shall obtain information as to the [ ] rate of inflation during the previous year from [ ] to [ ] based upon the [ ] Ministry of Planning Consumer Price Index or if such index is not available such other internationally recognized index agreed by the parties for the purposes of calculating the [ ] rate of inflation. (b) Based upon that information any Connection Fee payable in whole or in part during the subsequent period [ ] to [ ] and any Service Charge payable during that period will, subject to paragraph (c) below be increased in accordance with the relevant rate of inflation. There will be no adjustment if the rate of inflation is negative. (c) The Connection Fees for the 4 year period commencing [ ] and ending [ ] will be fixed in accordance with the provisions of Annex 2 but will be adjusted on [ ] for the period [ ] to [ ] taking into account on a compounded basis any annual increases in the relevant rate of inflation over such period. The Service Charges will be adjusted in accordance with the provisions of this Annex on, and with effect from the Effective Date. (d) The adjusted Connection Fee and Service Charge will be further adjusted in each subsequent year mutatis mutandis in accordance with the procedures set out in paragraphs a) and b) above.

Adjustment for Inflation. The base annual funding amount set forth in Section 4.A. of this Agreement [ * ] shall be prospectively adjusted annually commencing [ * ] to provide for future inflation by multiplying the base annual funding amount by the percentage increase in the cost of living index published by the United States Department of Labor Bureau of Labor Statistics (BLS) Annual Average Producer Price Index (Finished Goods) for the New York Metropolitan Area [Base Index, 1982 = 100] for the preceding calendar year of the Research Agreement for which the adjusted payment is being made. If at any time the Bureau of Labor Statistics (BLS) of the United States Department of Labor should cease to publish the Producer Price Index, another annual average index generally recognized as an authoritative indicator of changes in the United States of equivalent costs (preferably an index published by the United States Government) shall be used.

Adjustment for Inflation. ‌ The purpose of the adjustment for inflation of the Operations Payment and the Maintenance Payment is to compensate the PPP company for general inflationary trends. The adjustment is made in the same manner as when official indices published by Statistics Denmark are used. The indices used for the indexation are both published by Statistics Denmark: • ILON12: Pay index for the private sector - TOT Industry total, non-seasonally adjusted. • PRIS40: Producer price index for goods - Industry main group: Water supply; sewage, waste management and remediation activities. The weighting of the two indices pursuant to the PPP company's specified distribution in Appendix 2, the tender sheet. The co-weighted index of ILON12 and PRIS40 by use of data for the second quarter of 2015 and June 2015, respectively, is the basic index ("the Basic Index"), which forms the basis for calculation of indexation during the Operation Phase. Adjustment for inflation is made at the following dates: 1) At the date of the first payment after Handover, inflation is adjusted by the indexation factor related to the date in question, so that the PPP company is compensated for inflation in the period from conclusion of contract to Handover. 2) Subsequently, indexation takes place once a year in connection with the second quarter settlement by using the index values of the fourth quarter and December of the previous year for ILON12 and PRIS40, respectively. The procedure for indexation is outlined in the table below. The indices used do not express index values calculated in reality, but are fictive values created for the purpose of the example. Index calculated by Statistics Denmark ILON12 60% 122.0 123.8 125.4 PRIS40 40% 128.0 129.5 132.2 Calculated co-weighted index 124.4 126.1 128.1 Indexation factor to be used for Operations Payment, Maintenance Payment and reductions due to faults and defective services In the event that the publication of one or both of the above indices from Statistics Denmark should cease, it (or they) will be replaced by the alternative(s) that best correspond(s) to the index or indices originally used. The above adjustment for inflation is also used for adjustment of the basic amounts of reduction; cf. clause 2.4.2.

Adjustment for Inflation. For the second and each succeeding Contract Year, the ▇▇▇▇▇ ▇ ▇▇▇▇▇ shall be adjusted at the beginning of the first hour on April 1 of such Contract Year by a factor (“CPI Adjustment Factor”) based on the percentage change in the annual average CPI for the twelve-month period ending on December 31 of the Contract Year that just ended, over the annual average CPI for the immediately preceding twelve-month period ending on December 31, such factor to be calculated as follows: If CPIy-1 < 1.0 then: BAPy = BAPy-1 - (BAPy-1 x 0.60 x CPIy-2 1- CPIy-1 ) CPIy-2 If 1.0 < CPIy-1 ≤ 1.025 then: BAPy = BAPy-1 x CPIy-1 CPIy-2 CPIy-2 If CPIy-1 > 1.025 then: BAPy = BAPy-1 x (1.025 + 0.6 x CPIy-2 [ ] where: BAPy is the ▇▇▇▇▇ ▇ ▇▇▇▇▇ in Contract Year “y” BAPy-1 is the ▇▇▇▇▇ ▇ ▇▇▇▇▇ for the Contract Year immediately preceding Contract Year “y” and, if such price changed during such Contract Year, the price which was in effect on March 31 of such Contract Year CPIy-1 is the annual average CPI calculated for the twelve-month period ending on December 31 of the Contract Year immediately preceding Contract Year “y” CPIy-2 is the annual average CPI calculated for the twelve-month period ending on December 31 of the Contract Year immediately preceding Contract Year “y-1” annual average CPI is the simple average of the twelve monthly CPIs in a specified twelve-month period ending on December 31, as calculated and published by Statistics Canada (or, if no longer so published, as calculated by the Parties) and rounded to the first decimal place. For purposes of this calculation, the quotient of CPIy-1 divided by CPIy-2 shall be rounded to the third decimal place.

Adjustment for Inflation. The Fees shall be adjusted for inflation during each year of the Term, effective as of each annual anniversary of the Effective Date, with any such adjustments not exceeding the greater of (i) 3% as against the preceding year; or, (ii) the percentage change in the United States Consumer Price Index as reported by the United States Department of Commerce (in either case, as may be amended from time to time).