Adjustment to Price Clause Samples

Adjustment to Price. In the event of any such Excusable Delay, the performance schedule for the delayed Services shall be extended by mutual agreement of the Parties and the price(s) for the delayed Services shall be adjusted by mutual agreement of the Parties to account for any additional costs incurred by Boeing as a result of such Excusable Delay. Boeing shall exert its commercially reasonable efforts to mitigate such additional costs to the extent reasonable.

Adjustment to Price. If the Seller and Buyer agree that the price will follow market movements based on an agreed index of industry prices or other similar methodology, and if the price pursuant to such index or methodology has not been settled as of the time of shipment, after the price has settled, Seller shall issue a post-sale price adjustment(s) to reflect the final price as indicated by the agreed index or other methodology.

Adjustment to Price. The Purchase Price set forth above shall be adjusted as provided below; the SELLER and the SHAREHOLDERS guaranty that for the twelve (12) month period following the date of Closing, the revenues generated from the customers identified on the attached customer list, shall be at least One Million Four Hundred Forty Thousand ($1,440,000.00) Dollars; in the event of any revenue shortfall below the One Million Four Hundred Forty Thousand ($1,440,000.00) Dollar amount, then the Purchase Price shall be reduced by an amount equal to twenty five ($.25) cents for each One ($1.00) Dollar in shortfall of annual revenues below the One Million Four Hundred Forty Thousand Dollars ($1,440,000.00). The amount of any adjustment to the price determined pursuant to this paragraph shall be paid by the SELLER, or the SHAREHOLDERS to the PURCHASER by returning to PURCHASER the number of shares of STAR equal in value to the amount of the adjustment utilizing the value per share at the Closing or cash, which shall in no event exceed $200,000.00. The amount of the adjustment, if any, shall be determined by the firm of Certified Public Accountants regularly employed by the PURCHASER. PURCHASER agrees that in order to be able to make a claim under this revenue guarantee, that it will not increase the established prices charged to SELLERS' customers except for reasonable price increases made to reflect any increases in disposal costs incurred, or if PURCHASER can demonstrate that new circumstances relating to a particular customers service needs render that work unprofitable at the prices previously charged; further, Purchaser may stop service for any customer in the event of non payment of outstanding charges, but only if the payment terms taken by the customer exceed its past payment practices. PURCHASER agrees to continue SELLERS billing practice of charging one inclusive rate for both collection and disposal service rendered.

Adjustment to Price. The price for the Cliffs Pellets shall be adjusted upward or downward as the case may be by the annual percentage change in four adjustment factors (“Price Adjustment”). In order to determine the Price Adjustment to be paid for the Cliffs Pellets for each contract year, the price per iron unit for the relevant contract year shall be increased or decreased by an amount equal to the sum of the adjustment factors (i), (ii), (iii) and (iv) below: (i). Twenty-five percent (25%) of the amount obtained by multiplying the as then adjusted price per iron unit for Cliffs Pellets for the year in determination by a fraction (as converted to a decimal) determined by, using the year to year percentage change in the *** (“***”) for such year (“Year X”) calculated as follows: *** Year X = *** Year (X-1) * (*** Price Year X / *** Price Year (X-1)) Where *** Price Year (X-1) = Average Quarterly Price for the year prior to the year of shipping *** Price Year X = Average Quarterly Price for the year of shipping Quarterly Price = *** Fe - Freight Credit + Pellet Premium *** Fe is the daily average price for a three month period that ends one (1) month before the beginning of the new quarter (i.e. September, October, and November 2014 for the quarter beginning January 1, 2015, etc.). The Pellet Premium shall be a fixed price of $*** per dry metric ton ($*** per dry gross ton). Freight Credit shall be based on the *** daily average freight price for the three month period that ends one (1) month before the beginning of the new quarter (i.e. September, October, and November 2014 for the quarter beginning January 1, 2015). (A) If for any reason the *** Fe is not published, then the *** shall be substituted with the following formula. Such formula shall be adjusted on a quarterly basis: (1) Average *** Substitute (“*** Year X”), as defined below (collectively “Y”). *** Year X = *** Year (X-1) * (*** Pellet Price Year X / *** Pellet Price Year (X-1)) *** Pellet Price is the average annual pellet price per metric ton published by *** in its press release reporting on such year’s financial performance, in US dollars. (2) The sum of X and Y shall equal the current year’s ***, or put arithmetically: X + Y = Current Year’s ***. In the event there is no *** for the previous year, than the previous year’s *** shall be substituted in the mechanism herein: ***Year X = *** (x-1) * (*** Pellet Price Year X / *** Pellet Price Year (X-1)) (B) For the year 2015, and for each year thereafter throu...

Adjustment to Price. The Seller and the Purchaser agree to treat all payments made by either to or for the benefit of the other under this Article 8 or pursuant to any other Section of this Agreement as adjustments to the Purchase Price for Tax purposes unless otherwise prohibited by Law.

Adjustment to Price. The price per share for which shares of Common Stock are issuable upon the exercise of such rights or options or upon conversion or exchange of such Convertible Securities shall be determined by dividing (1) the total amount, if any, received or receivable by the Company as consideration for the granting of such rights or options, plus the minimum aggregate amount of additional consideration payable to the Company upon the exercise of such rights or options, plus, in the case of such Convertible Securities, the minimum aggregate amount of additional consideration if any, payable upon the conversion or exchange thereof plus the net amount received or receivable upon the issuance of such Convertible Securities (in each case without double counting), by (2) the total maximum number of shares of Common Stock issuable upon the exercise of such rights or options or upon the conversion or exchange of all such Convertible Securities issuable upon the exercise of such rights or options.

Adjustment to Price. If a variation is requested by Phoenix Finance and accepted by Gold Development, the Price will be adjusted by good faith negotiation between the parties acting reasonably. If the parties cannot agree an adjustment to the Price, Gold Development will determine a reasonable adjustment to the Price, having regard to reasonable rates or prices. To avoid any doubt, such reasonable price will exclude any cost, time or effort expended by Gold Development in undertaking the negotiation for the variation.

Adjustment to Price and Buyer’s Allocated Percentage) (if applicable) and (ii) annual adjustment as set forth below. For purposes of determining the O&M Component, the Annual Contract Quantity will be 43.5 Bcf. The annual adjustment will occur irrespective of the actual O&M Expenses incurred or recovered by Seller in any Contract Year, commencing on the first day of such Contract Year based solely on the changes in the O&M Indices for the previous Contract Year. The fees and expenses of the Independent Engineer shall not be included in the O&M Component of the Base Contract Price. The O&M Component shall be adjusted annually based on the basket of indices set forth below if such basket of indices are approved by the Capital Development Board or by such other index or basket of indices as are approved by the Capital Development Board: Labor 40% Employment Cost Index (Midwest) Catalyst 8% Producer Price Index WPU 102504 – Nickel Alloy Mill Shapes Chemicals & Lubricants 12% Producer Price Index WPU 061 – Industrial Chemicals Maintenance Materials 15% Producer Price Index WPU 101506 – Stainless Steel, Carbon, Alloy Materials & Misc. 10% Producer Price Index WPU 1149 – Miscellaneous General Purpose Equipment Refractory 15% Producer Price Index WPU 1353 – Refractory, non-clay 100% “C” is the Fuel Component. The Fuel Component for each month shall be a price per MMBtu established based on the quotient of (i) the actual fuel costs incurred by Seller in accordance with the ICC-Approved Annual Fuel Procurement Plan for the Plant as described in Section 4.6 (Feedstock Requirements and Procurement Plans) during each month and (ii) the Btu content for each such month in accordance with the formula below: The Fuel Component shall be determined on a monthly basis pursuant to Schedule 5.2C (Calculation of the Fuel Component).

Adjustment to Price. The Purchase Price set forth above shall be reviewed for adjustment twice after the closing to reflect any difference either positively or negatively between the various receivables and certain of the liabilities of SELLER acquired by PURCHASER as they are fixed and determined on September 1, 1999, on a "dollar for dollar" basis, such that, if the account receivables exceed the sum of the accounts payable and the assumed Seven Thousand Five Hundred and No/100 Dollar ($75,000.00) Note from SELLER to John ▇▇▇▇▇▇ (▇▇rein "adjustment liabilities"), the price will increase by one dollar for each dollar of positive difference (and conversely, if the adjustment liabilities exceed the account receivables, the price will decrease by one dollar for each dollar of negative difference.) The Note will provide for this adjustment for any positive or negative difference between the receivables and adjustment liabilities which exist as of September 1, 1999, but which becomes known at the adjustment dates. The parties shall review updated (or completed) financial information for the September 1, 1999 effective date and make any adjustments sixty (60) and one hundred eighty (180) days after Closing. There is one other possible adjustment to the Purchase Price after the Closing for reasons set forth in paragraph 6.6 of this Agreement.