Adjustment of USE CHARGE Sample Clauses

The Adjustment of Use Charge clause defines how the fees or charges for using a particular asset, service, or facility may be modified during the term of an agreement. Typically, this clause outlines the circumstances under which the use charge can be increased or decreased, such as changes in regulatory costs, inflation, or variations in usage levels. For example, if the cost of maintaining a leased property rises due to new taxes, the use charge may be adjusted accordingly. The core function of this clause is to ensure that the financial terms remain fair and responsive to changing conditions, thereby protecting both parties from unforeseen cost fluctuations.
Adjustment of USE CHARGE. 1. The USE CHARGE shall be increased annually, up to the maximum amount set forth below, to equal the greater of: (i) 4% of the then current USE CHARGE, or (ii) the extent of any percentage change which occurred in the Consumer Price Index (All Items, Base 1982-84 = 100) as published by the United States Department of Labor, Bureau of Labor Statistics for All Consumers for the San Francisco-Oakland-San ▇▇▇▇ Metropolitan area (hereinafter “CPI”). The percentage change in the CPI shall be calculated by a fraction, the denominator of which is the CPI in effect as of the calendar month fourteen (14) full months prior to the adjustment date, and the numerator of which is the CPI in effect two (2) full months prior to the adjustment date. 2. The rate for the option period will increase from the execution date to the date beginning the five year option term by the greater of twenty one and seven tenths percent (21.7% based on a compounded rate increase of 4% per annum) or the total increase in the Consumer Price Index All Urban Consumers for the San Francisco-Oakland Metropolitan Area. 3. If the Department of Labor discontinues publishing the index mentioned above, CITY may use a comparable index to calculate the percentage change in the CPI. 4. The USE CHARGE adjustment shall occur on each Anniversary Date. 5. Should COMPANY enter into an agreement for the same, or substantially similar, ANTENNA FACILITIES with another Governmental Entity for use of any structure owned by such Governmental Entity anywhere in the San Francisco-Oakland-San ▇▇▇▇ Metropolitan Area as defined by the Bureau of Labor Statistics for its CPI Index which agreement requires COMPANY to pay higher use rates (“Higher Use Rate”) than the rate then in effect hereunder, COMPANY shall so notify CITY within thirty (30) days of the effective date of such agreement. In the event COMPANY enters into such an agreement, COMPANY shall begin paying such Higher Use Rate to CITY within sixty (60) of the effective date of such agreement. The first payment shall be made in one lump sum to CITY and shall be equal to the Higher Use Rate for the period beginning on the effective date of the agreement with the Governmental Entity and ending on the following Anniversary Date less the amount then already paid for the same period. For each year thereafter, COMPANY shall pay annually to CITY the Higher Use Rate. For purposes of this Agreement, “Governmental Entity” shall mean any federal, state or local government a...
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Adjustment of USE CHARGE. 1. The USE CHARGE shall be increased annually on July 1 (each an “ADJUSTMENT DATE”), at an amount equal to 4% of the then current USE CHARGE rounded up to the next whole number. 2. The USE CHARGE for the OPTION PERIOD will be under the same terms and conditions of the original TERM. 4. The USE CHARGE adjustment shall occur on each ADJUSTMENT DATE.
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Adjustment of USE CHARGE. (a) The USE CHARGE shall be increased annually, up to the maximum amount set forth below, to equal the greater of: (i) a 4%increase over the then current USE CHARGE, or (ii) the extent of any percentage change which occurred in the Consumer Price Index (All Items, Base 1982-84 = 100) as published by the United States Department of Labor, Bureau of Labor Statistics for All Consumers for the San Francisco-Oakland-San ▇▇▇▇ Metropolitan area (hereinafter “CPI”). The percentage change in the CPI shall be calculated by a fraction, the denominator of which is the CPI in effect as of the calendar month fourteen (14) full months prior to the adjustment date, and the numerator of which is the CPI in effect two (2) full months prior to the adjustment date.
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Related to Adjustment of USE CHARGE

  • Adjustment of Impositions Impositions imposed in respect of the tax-fiscal period during which the Term terminates shall be adjusted and prorated between Lessor and Lessee, whether or not such Imposition is imposed before or after such termination, and Lessee’s obligation to pay its prorated share thereof after termination shall survive such termination.

  • Adjustment of Fees In addition to the adjustments provided for in Section 7.2, Service Fees payable by Group pursuant to this Article VII shall be adjusted as appropriate upon agreement of the parties upon the divestiture or acquisition by the Group of, or affiliation with, a radiology or diagnostic practice group. Whether or not Parent capital stock or funds are utilized to fund the acquisition or affiliation, the Service Fee and other related provisions of this Agreement shall be adjusted as agreed upon by the parties on a case by case basis. Under either acquisition or affiliation model, the precise adjustment to the Service Fee and to other related provisions of this Agreement shall be a joint decision of the parties, shall be memorialized in a written amendment to this Agreement, and shall be based upon the methodology used to generally determine Services Fees hereunder.

  • Service Charge The Tenant must pay the Service Charge in accordance with Part 1 of Schedule 3. The Tenant must pay: VAT on any consideration in respect of a VAT Supply to the Tenant by the Landlord at the same time as the consideration is paid; and on demand VAT (and interest, penalties and costs where these are incurred because of anything the Tenant does or fails to do) charged in respect of any VAT Supply to the Landlord in respect of the Premises where that VAT is not recoverable by the Landlord from HM Revenue & Customs. The Tenant must not do anything that would result in the disapplication of the option to tax in respect of the Landlord’s interest in the Estate. The Tenant must pay interest on the Rents and on all other sums not paid on or by the due date (or, if no date is specified, not paid within 10 Business Days after the date of demand). Interest will be payable at the Interest Rate for the period starting on the due date (or date of demand) and ending on the date of payment. The Tenant must pay on demand the Landlord’s costs (including legal and surveyor’s charges and bailiff’s and enforcement agent’s fees) and disbursements in connection with: any breach of the Tenant’s obligations in this Lease, including the preparation and service of a notice under section 146 of the 1925 Act; any application by the Tenant for consent under this Lease, whether that application is withdrawn or consent is granted or lawfully refused, except in cases where the Landlord is required to act reasonably and the Landlord unreasonably refuses to give consent; [and] [carrying out works to the Premises to improve their Environmental Performance where the Tenant, in its absolute discretion, has consented to the Landlord doing so; and]45 the preparation and service of a schedule of dilapidations served no later than six months after the End Date. Third party indemnity46 The Tenant must indemnify the Landlord against all actions, claims, demands made by a third party, all costs, damages, expenses, charges and taxes payable to a third party and the Landlord’s own liabilities, costs and expenses incurred in defending or settling any action, claim or demand in respect of any personal injury or death, damage to any property and any infringement of any right, in each case arising from: the state and condition of the Premises or the Tenant’s use of them; the exercise of the Tenant’s rights; or the carrying out of any Permitted Works. In respect of any claim covered by the indemnity in clause 4.7.1, the Landlord must: give formal notice to the Tenant of the claim as soon as reasonably practicable after receiving notice of it; provide the Tenant with any information and assistance in relation to the claim that the Tenant may reasonably require and the Landlord is lawfully able to provide, subject to the Tenant paying to the Landlord all costs incurred by the Landlord in providing that information and assistance; and mitigate its loss (at the Tenant’s cost) where it is reasonable for the Landlord to do so.

  • Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: (a) that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or (b) that an equitable adjustment is made or denied under another provision of this Contract.

  • Adjustment of allowances For the life of this Agreement, the fares and travel allowance in clause 27.5 of the Agreement will be adjusted annually in accordance with CPI (All Groups, Melbourne) movements measured in the twelve month period ending the previous December quarter effective as of the 1 March from 2025 onwards, rounded to the nearest 5 cents. The allowances in clauses 27.8(b)(ii) and 27.12(b) will be adjusted annually in accordance with CPI (All Groups, Melbourne) measured in the twelve month period ending the previous December quarter effective as of 1 March 2025 onwards, rounded to the nearest cent.