Base Escalator Clause Samples

The Base Escalator clause establishes a mechanism for adjusting contract prices in response to changes in specified baseline costs, such as labor rates or material prices. Typically, this clause outlines the method for calculating price increases or decreases, often tied to an external index or predetermined formula, and specifies the frequency and limits of such adjustments. Its core practical function is to ensure that the contract remains fair and economically viable for both parties by automatically accounting for fluctuations in key cost drivers, thereby reducing the risk of disputes over price changes during the contract term.
Base Escalator. For purposes of this Agreement, the "Base Escalator" shall be the cost of coal as defined by the annual average cost of "bituminous coal" used by the coal-fired plants identified on Exhibit F, on a tonnage-weighted basis, as reported on FERC Form 423, (in dollars per ton) where "bituminous coal" shall have the definition set forth in Section 7.5 of this Agreement. The value of the Base Escalator established for a calendar year will be applied to all coal delivered during that calendar year; provided, however, that for periods from October 1, 2004, the value of the Base Escalator established for a quarter will be applied to all coal delivered during that quarter. The base value of the Base Escalator is the weighted average cost of bituminous coal used by the coal-fired plants identified on Exhibit F during the twelve month period from September 1, 2000 through August 31, 2001 [_ _ _ _]. Adjustments to prices which are to be made annually or quarterly based on the weighted average cost of bituminous coal used by the coal-fired plants identified on Exhibit F shall be calculated as follows: "The Base Price for coal shall be increased or decreased as of January 1 of each year of the term hereof commencing on January 1, 2003, and shall be increased or decreased as of each January 1, April 1, July 1 and October 1 of each year commencing with October 1, 2004, by the * CONFIDENTIAL MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. BRACKETS AND UNDERSCORES DENOTE SUCH OMISSIONS. EXECUTION COPY percentage change in the index number of the weighted average cost of bituminous coal used by the coal-fired plants identified on Exhibit F as reported on FERC Form 423 for the twelve (12) month period ending four (4) months prior to the period to be adjusted, compared to such index number for the twelve (12) month period from September 1, 2000 through August 31, 2001 (e.g., the percentage change from the September 1, 2001 to August 31, 2002 weighted annual average cost compared to the weighted annual average cost for the period September 1, 2000 through August 31, 2001 shall be used for January 1, 2003 adjustments; the percentage change from the September 1, 2001 to August 31, 2002 weighted annual average cost compared to the weighted annual average cost for the period June 1, 2003 through May 31, 2004 shall be used for the quarter commencing October 1, 2004). "If plants among those identified on Exhibit F discontinue the reporting of...
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Base Escalator. The Base Escalator is defined in Article 5.1B(ii) of the Agreement for Purchase of Electric Power between Atlantic Electric and Keystone attached hereto as Exhibit D; provided that the term "bituminous coal" referred to therein shall have the meaning set forth in Section 7.5 hereof. Pursuant to the provisions of the Agreement for Purchase of Electric Power, the Base Escalator will be established by Atlantic Electric and reported to Keystone in the first quarter of each calendar year. The first Base Escalator adjustment shall occur in 1994. The value of the Base Escalator established for a calendar year will be applied to all coal delivered during that calendar year. * CONFIDENTIAL MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. BRACKETS AND UNDERSCORES DENOTE SUCH OMISSIONS.
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Base Escalator a. Weighted annual average cost of bituminous coal used by New Jersey Utilities as reported on FERC Form 423 for the 12 month period immediately preceding the year to be adjusted b. Base Value of the Base Escalator is the weighted average cost of bituminous coal used by New Jersey Utilities during the period 1/01/92 thru 12/31/92 c. Bituminous coal is bituminous coal having the following quality specifications: Ash Content between [_ _ _ _] inclusive Sulfur Content between [_ _ _ _] inclusive Btu Value between [_ _ _ _] inclusive
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Base Escalator. 34 7.4 Adjustment of Price for Sulfur Content................................................ 35 7.5
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Related to Base Escalator

  • PRICE ESCALATION/DE-ESCALATION (CPI) The County may allow a price escalation provision within this award. The original contract prices shall be firm for an initial one (1) year period. A price escalation/de-escalation will be considered at one (1) year intervals thereafter, provided the Contractor notifies the County, in writing, of the pending price escalation/de-escalation a minimum of sixty (60) days prior to the effective date. Price adjustments shall be based on the latest version of the Consumers Price Index (CPI-U) for All Urban Consumers, All Items, U.S. City Average, non-seasonal, as published by the U.S. Department of Labor, Bureau of Labor Statistics. This information is available at ▇▇▇.▇▇▇.▇▇▇. Price adjustment shall be calculated by applying the simple percentage model to the CPI data. This method is defined as subtracting the base period index value (at the time of initial award) from the index value at time of calculation (latest version of the CPI published as of the date of request for price adjustment), divided by the base period index value to identify percentage of change, then multiplying the percentage of change by 100 to identify the percentage change. Formula is as follows: Current Index – Base Index / Base Index = % of Change CPI for current period 232.945 Less CPI for base period 229.815 Equals index point change 3.130 Divided by base period CPI 229.815 Equals 0.0136 Result multiplied by 100 0.0136 x 100 Equals percent change 1.4% % of Change x 100 = Percentage Change CPI-U Calculation Example: A price increase may be requested only at each time interval specified above, using the methodology outlined in this section. To request a price increase, Contractor shall submit a letter stating the percentage amount of the requested increase and adjusted price to the Orange County Procurement Division. The letter shall include the complete calculation utilizing the formula above, and a copy of the CPI-U index table used in the calculation. The maximum allowable increase shall not exceed 4%, unless authorized by the Manager, Procurement Division. All price adjustments must be accepted by the Manager, Procurement Division and shall be memorialized by written amendment to this contract. No retroactive contract price adjustments will be allowed. Should the CPI-U for All Urban Consumers, All Items, U.S City Average, as published by the U.S. Department of Labor, Bureau of Labor Statistics decrease during the term of the contract, or any renewals, the Contractor shall notify the Orange County Procurement Division of price decreases in the method outlined above. If approved, the price adjustment shall become effective on the contract renewal date. If the Contractor fails to pass the decrease on to the County, the County reserves the right to place the Contractor in default, cancel the award, and remove the Contractor from the County Vendor List for a period of time deemed suitable by the County. In the event of this occurrence, the County further reserves the right to utilize any options as stated herein.

  • Non-Escalation Unless otherwise specified within the RFP documents, the unit prices reflected on the contract shall remain firm with no provision for price increases during the term of the contract.

  • INTERIM MAINTENANCE PERIOD During the interim maintenance period between obtaining of the completion certificate of such Project and formation and operationalization of the Association the Promoter shall through itself or through a facility management company to run, operate, manage and maintain the Common Areas. The Promoter shall endeavour that the committee responsible for the maintenance and operation of the Common Areas will be required to provide manpower for maintaining the Common Areas, wherever required, and to collect maintenance charges and also guest charges and the user charges for the utilities being provided on “pay by use” basis, if any. The maintenance and management of Common Areas by the committee will primarily include but not limited to maintenance of water works, common electrical installations, DG Sets, landscaping, driveways, parking areas, lobbies, lifts and staircases, AMC’s etc. It will also include safety and security of the Project such as fire detection and protection and management of general security control of the Project. The Rules/ Bye Laws to regulate the use and maintenance of the Common Areas shall during the interim maintenance period shall be framed by the Promoter with such restrictions as may be necessary for proper maintenance and all the Allottees are bound to follow the same. After the Common Areas of the Project are handed over to the Association, the Association may adopt the Rules and the Bye laws framed by the Promoter, with or without amendments, as may be deemed necessary by the Association.

  • Number Resources, Rate Center Areas and Routing Points 13.1 Nothing in this Agreement shall be construed to limit or otherwise adversely affect in any manner either Party’s right to employ or to request and be assigned any Central Office Codes (“NXX”) pursuant to the Central Office Code Assignment Guidelines and any relevant FCC or Commission orders, as may be amended from time to time, or to establish, by Tariff or otherwise, Rate Center Areas and Routing Points corresponding to such NXX codes. 13.2 It shall be the responsibility of each Party to program and update its own switches and network systems pursuant to information provided on ASRs as well as the LERG in order to recognize and route traffic to the other Party’s assigned NXX codes. Except as expressly set forth in this Agreement, neither Party shall impose any fees or charges whatsoever on the other Party for such activities. 13.3 Unless otherwise required by Commission order, the Rate Center Areas will be the same for each Party. During the term of this Agreement, Onvoy shall adopt the Rate Center Area and Rate Center Points that the Commission has approved for Frontier within the LATA and Tandem serving area. Onvoy shall assign whole NPA-NXX codes to each Rate Center Area unless otherwise ordered by the FCC, the Commission or another governmental entity of appropriate jurisdiction, or the LEC industry adopts alternative methods of utilizing NXXs. 13.4 Onvoy will also designate a Routing Point for each assigned NXX code. Onvoy shall designate one location for each Rate Center Area in which the Onvoy has established NXX code(s) as the Routing Point for the NPA-NXXs associated with that Rate Center Area, and such Routing Point shall be within the same LATA as the Rate Center Area but not necessarily within the Rate Center Area itself. Unless specified otherwise, calls to subsequent NXXs of Onvoy will be routed in the same manner as calls to ▇▇▇▇▇’s initial NXXs. 13.5 Notwithstanding anything to the contrary contained herein, nothing in this Agreement is intended, and nothing in this Agreement shall be construed, to in any way constrain Onvoy’s choices regarding the size of the local calling area(s) that Onvoy may establish for its Customers, which local calling areas may be larger than, smaller than, or identical to Frontier’s local calling areas.

  • Maintenance Period During the Maintenance Period the Developer shall at its own expense maintain repair and otherwise keep the Works in good working order and repair to the reasonable satisfaction of ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ unless ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ shall declare that any required maintenance and/or repair is an emergency in which case the Developer shall carry out the said maintenance and/or repair immediately