Basis of Pricing Clause Samples

Basis of Pricing. The base interest rate = the arithmetic average of the overnight TAIBOR over the past three months + the margin determined, where “the arithmetic average of the overnight TAIBOR over the past three months” is based on the arithmetic average of the overnight TAIBOR published by “the Taipei Interbank Discount Center” and “the margin determined” will be the rate determined and subject to adjustment by the Bank in consideration of the funding cost, operational cost and interest risk. The Bank may in its sole discretion adjust the foresaid calculation to reflect the change of prevailing market environment.

Basis of Pricing. The terms of the Services (including the price) will be on normal commercial terms and will be determined between the Group and Duosiwei Companies on an arm’s length basis and on terms no less favourable than terms provided by independent third parties. Duosiwei Companies have covenanted that the terms of the Services to be provided by them to the Group will be no less favourable than those provided by them to their independent third parties. The exact pricing of each order shall be subject to the Group’s acceptance of the quotation of each order made by the relevant Duosiwei Companies. The following is a summary of the historical figures for the provision of Services by Duosiwei Companies to the Group for each of the three years ended 31 December 2010 and the six months ended 30 June 2011: 17,190 15,949 19,343 10,317 The Group estimates that the transactions contemplated under the Master Agreement would not exceed the following annual cap amounts for the three financial years ending 31 December 2014 respectively: As set out in the Company’s announcement and circular dated 6 November 2008 and 24 November 2008 respectively, the existing annual cap amounts of the transactions under the Existing Master Agreement for each of the three years ending 31 December 2011 are as follows: As at the date of this announcement, the Group has not exceeded any of the above annual cap amounts. The Group will engage Duosiwei Companies to provide the Services when new retail stores, concessionary counters or sales areas are being set up or when other ad hoc decoration work is required at retail stores, concessionary counters or sales areas, and new moulds are required for the production of brassieres and mannequins. The Group will also engage Duosiwei Companies to provide the Services when the Group launches a new decoration theme for its retail stores, concessionary counters and sales areas. Generally, the Group’s retail stores, concessionary counters and sales areas launch a new decoration theme every two to three years. The annual cap amounts for the transactions contemplated under the Master Agreement for each of the three years ending 31 December 2014 were estimated primarily based on (i) the fees paid by the Group to Duosiwei Companies for the three years ended 31 December 2010 and the six months ended 30 June 2011; (ii) the decoration work estimated to be required for the opening of new retail outlets in the PRC pursuant to the future plan of the Group, and (iii) the Gr...

Basis of Pricing. The basis for the Fees in this Schedule 3 include the following: • Pricing for hot site includes 300 MIPS, 1.2GB DASD, one hundred twenty (120) shared servers, one (1) email retention server, disaster recovery analyst travel and seventy-two (72) hours annual test time.

Basis of Pricing. The Company collects a transportation service fee from China Transportation service fee = actual income from Passenger Aircraft Cargo Business × (1 – business fee rates)

Basis of Pricing. The parties acknowledge and agree that the pricing set out in this Agreement is limited to the tests performed under the PRIME study protocol, and may not be used to set any future reimbursement amounts for the PreTRM® test. The parties further acknowledge and agree that the aggregate services hereunder do not exceed those that are reasonable and necessary for a legitimate business purpose, and that the compensation to be provided hereunder has not been determined in a manner that takes into account the volume or value of any referrals or other business generated between the parties.

Basis of Pricing. The terms of the Transactions shall be determined with reference to the then prevailing market prices of similar transactions entered into between the Independent Third Parties and the Group or GPHL and its subsidiaries, and shall be on normal commercial terms or terms no less favourable to the the Group than terms available to/or from independent third parties at the then time. The then prevailing market prices under the specific contracts entered into between the Group and GPHL and its subsidiaries regarding the various types of Transactions described in section 3 of this announcement will be determined based on the prices of the similar transactions obtained by the Group from the Independent Third Parties in China (or provided to the Independent Third Parties) on an arm’s length basis and on normal commercial terms in the ordinary course of business of the Group. In addition to the basis of pricing stipulated under the New CCT Agreement as set out above, the Group will consider the following principles (“Pricing Principles”) in order of priority in determining whether or not to enter into the actual transactions under the New CCT Agreement: (1) the final confirmed prices through the bidding and tendering process conducted in accordance with the applicable laws, rules and regulations (if any) (“Regulatory Bidding Prices”); (2) the final confirmed prices through the bidding and tendering process conducted by the Group at which at least three independent bidders will be invited (“Corporate Bidding Prices”) if the Regulatory Bidding Prices are not available or applicable; (3) the market prices which are offered to or by the Independent Third Parties in the ordinary and usual course of business if none of the Regulatory Bidding Prices and the Corporate Bidding Prices are available or applicable; and (4) the agreed prices calculated based on the actual or reasonable cost incurred in the similar transactions (and, in the case of the similar transactions with respect to provision of products or rendering of services, licensing of trademarks and leasing of assets by the Group to GPHL and its subsidiaries, plus a reasonable profit margin), if none of the prices set out in (1) to (3) above are available or applicable. However, the Company would like to draw the attention of the shareholders of the Company to that: (i) based on the rules and regulations applicable as at the date of this announcement (such as The Opinion of Establishment and Implementation of Nation...

Basis of Pricing. The purchase price of LNG shall be agreed by both Xianyang Haihui and Xi’an Civigas Haihui in writing. Pursuant to the LNG Master Supply Agreement, the pricing for the sale and purchase of LNG is to be determined based on the following:

Basis of Pricing. As the Group is a key market player in transportation and logistics services in the PRC, during its ordinary course of business it gathers information on the market rates of various services offered by its competitors from time to time. For some standard services, various service providers may issue price lists from time to time. When entering into any particular transaction with a connected person, the relevant member of the Group would consider a number of factors including, among other things, the combination of services provided, the geographical coverage of services provided and the terms offered by the local competitors, with a view to ensuring that the terms offered to the Group are at market prices as defined above. If a transaction involves customized combination of services for which the terms offered by service providers could substantially differ, the relevant member of the Group will in accordance with the Group’s internal control manual requirements obtain quotes and terms of services from at least two independent third parties (to the extent such alternative service providers are available) and the connected person. The Company has established a business contracts review system in which the supervisory departments and offices of the Group will review the terms of services (including the price of services) and compare the same against those offered by independent third parties, to ensure that those terms are at market prices as defined above. In the event that there are less than two alternative independent third parties service providers in the relevant market for a particular type of services, such departments and offices will review the terms of such services (including the price of the services) with reference to the terms of similar services provided or received by the Group previously and consider whether the terms being offered are commercially beneficial to the Group having regard to such comparables. The transportation and logistics services provided under the Master Services Agreement by the Group to Qingdao Jinyun Air will be at the market prices charged by the Group to independent third parties for the same or comparable type of services, and vice versa. The Directors consider that the procedures described above can ensure that the transactions will be conducted on normal commercial terms and not prejudicial to the interests of the Company and its minority Shareholders. The historical transaction amounts of transportation and logi...

Basis of Pricing. The terms of the Master Services Agreement are arrived at after arm’s length negotiations between the parties involved taking into account (i) the aforementioned services fees payable by the Company for each of the three years ending 31 October 2021; (ii) the existing scales of the Company’s operations; (iii) the anticipated growth of the Company; and (iv) the anticipated increase in the remuneration of those staff who are involved in providing the Services to the Company. The Annual Caps in respect of the Tenancy Agreement and the Master Services Agreement are as follows: From 1st November, 2018 to 31st October 2019 (HK$) From 1st November, 2019 to 31st October 2020 (HK$) From 1st November, 2020 to 31st October 2021(HK$) Tenancy Agreement 2.5415 million 2.346 million 2.346 million Master Services Agreement 2.88 million 2.88 million 2.88 million Annual Caps 5.4215 million 5.226 million 5.226 million When determining the above Annual Caps, the Directors have considered the following factors: (1) the payment commitment of monthly rent under the Tenancy Agreement; and (2) the maximum payment obligation under the Master Services Agreement. The Director, having considered the respective basis of pricing of the Agreements and the above factors, regard the terms of the Tenancy Agreement, the Master Services Agreement and the Annual Caps are fair and reasonable, on normal commercial terms, and in the interests the Company and the Shareholders as a whole.