Common use of Consequence Clause in Contracts

Consequence. If an Extraordinary Event occurs, Kraft may, at its option, request more favorable pricing with respect to applicable Charges for any Service or Tower in accordance with the following: 11.6.2.1 [ * * * ] and [ * * * ] shall [ * * * ] determine on a reasonable basis the [ * * * ], if any, resulting from such Extraordinary Event and, upon [ * * * ], [ * * * ] shall then proceed to implement such [ * * * ] as quickly as practicable and in accordance with the agreed-upon schedule. As the [ * * * ] are realized, the Charges specified on the applicable Supplement and any affected [ * * * ] shall be promptly and equitably adjusted to pass through to [ * * * ] the full benefit of such [ * * * ]; provided, that [ * * * ] shall reimburse [ * * * ] for any net costs or expenses incurred to realize such [ * * * ] if and to the extent [ * * * ] (i) notifies [ * * * ] of such additional costs and obtains [ * * * ] approval prior to incurring such costs, (ii) uses commercially reasonable efforts to identify and consider practical alternatives, and reasonably determines that there is no other more practical or cost effective way to obtain [ * * * ] without incurring such expenses, and (iii) uses commercially reasonable efforts to minimize the additional costs to be [ * * * ]. For the avoidance of doubt, and notwithstanding the foregoing, any changes in the [ * * * ] arising out of this Section 11.6 will be applied to the [ * * * ] on a [ * * * ] only from the date of the [ * * * ] of such [ * * * ]. 11.6.2.2 An Extraordinary Event shall not result in [ * * * ] to [ * * * ] being [ * * * ] such Charges would have been if the RRCs, ARCs and other rates and charges then specified in the applicable Supplement had been applied. [ * * * ] may, at its sole option, elect, for each Extraordinary Event, at any time to forego its rights under this Section 11.6 and instead, apply RRCs, ARCs and other rates and charges specified in the applicable Supplement to adjust the Charges.

Appears in 2 contracts

Sources: Master Professional Services Agreement (Mondelez International, Inc.), Master Professional Services Agreement (Mondelez International, Inc.)

Consequence. If an Extraordinary Event occurs, Kraft may, at its option, request more favorable pricing with respect to applicable Charges for any Service or Tower in accordance with the following: 11.6.2.1 [ and * * * ] and [ shall * * * ] shall [ * * * ] determine on a reasonable basis the [ * * * ], if any, resulting from such Extraordinary Event and, upon [ * * * ], [ * * * ] shall then proceed to implement such [ * * * ] as quickly as practicable and in accordance with the agreed-upon schedule. As the [ * * * ] are realized, the Charges specified on the applicable Supplement Schedule 4 and any affected [ * * * ] shall be promptly and equitably adjusted to pass through to [ * * * ] the full benefit of such [ * * * ]*; provided, that [ * * * ] shall reimburse [ * * * ] for any net costs or expenses incurred to realize such [ * * * ] if and to the extent [ * * * ] (i) notifies [ * * * ] of such additional costs and obtains [ * * * ] approval prior to incurring such costs, (ii) uses commercially reasonable efforts to identify and consider practical alternatives, and reasonably determines that there is no other more practical or cost effective way to obtain [ * * * ] *without incurring such expenses, and (iii) uses commercially reasonable efforts to minimize the additional costs to be [ * * * ]. For the avoidance of doubt, and notwithstanding the foregoing, any changes in the [ * * * ] arising out of this Section 11.6 will be applied to the [ * * * ] on a [ * * * ] only from the date of the [ * * * ] of such [ * * * ]*. 11.6.2.2 An Extraordinary Event shall not result in [ * * * ] to [ * * * ] being [ * * * ] than such Charges would have been if the RRCs, ARCs and other rates and charges then specified in the applicable Supplement Schedule 4 had been applied. [ * * * ] may, at its sole option, elect, for each Extraordinary Event, at any time to forego its rights under this Section 11.6 and instead, apply RRCs, ARCs and other rates and charges specified in the applicable Supplement Schedule 4 to adjust the Charges.

Appears in 1 contract

Sources: Master Professional Services Agreement (Kraft Foods Inc)