Equitable Reduction Sample Clauses

Equitable Reduction. The amount of payment to the Engineer for services performed for the Project by an Assigned Employee, calculated as set forth above, shall be subject to an equitable reduction if, for the week during which an Assigned Employee performed services for the Project, the total number of hours for which the Assigned Employee was actually paid by the Engineer for that week, less any non-billable hours, is less than the total number of hours actually billed by the Engineer to all entities for the Assigned Employee’s services for that week, including the number of hours billed for the Project. In such event, the amount of payment to the Engineer for services performed by an Assigned Employee for the week in question, calculated as set forth above, shall be reduced by multiplying such amount by the following: the fractional number resulting from the division of the number set forth in paragraph (a) below by the number set forth in paragraph (b). (a) Total number of hours for which the Assigned Employee was actually paid by the Engineer for the week in question, less any non-billable hours, as defined above. (b) Total number of hours actually billed by the Engineer to all entities for the Assigned Employee’s services for the week in question, including the number of hours billed for the Project.
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Equitable Reduction. The amount of payment to the Consultant for services performed for the Project by an Assigned Personnel, calculated as set forth above, shall be subject to an equitable reduction if, for the week during which an Assigned Personnel performed services for the Project, the total number of hours for which the Assigned Personnel was actually paid by the Consultant for that week, less any non-billable hours, is less than the total number of hours actually billed by the Consultant to all entities for the Assigned Personnel's services for that week, including the number of hours billed for the Project. In such event, the amount of payment to the Consultant for services performed by an Assigned Personnel for the week in question, calculated as set forth above, shall be reduced by multiplying such amount by the following: the fractional number resulting from the division of the number set forth in paragraph (a) below by the number set forth in paragraph (b). (a) Total number of hours for which the Assigned Personnel was actually paid by the Consultant for the week in question, less any non-billable hours, as defined above. (b) Total number of hours actually billed by the Consultant to all entities for the Assigned Personnel's services for the week in question, including the number of hours billed for the Project.
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Equitable Reduction. In addition to the quarterly Flextronics cost reductions described above, Flextronics will make equitable adjustments to Customer’s prices for Products and Services if costs are decreased due to productivity or process improvements or as a result of design changes initiated by Customer. Such cost reductions will generate price reductions for all applicable Products ordered by Customer after implementation. For the above, “implementation” will be defined as the date on which Flextronics ships the Product containing the designed changed Products Unless otherwise noted in this Agreement or in a separate agreement signed by the parties, the unit price includes all charges for the Products(s), any related deliverable items and Services, and packaging.
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Equitable Reduction. If during any year APC's purchase obligation under Paragraph 2.7(a) is suspended for any reason for any period, the minimum amount of MG-PFH that APC is required to purchase during the year shall be reduced as appropriate to reflect such suspension.
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Related to Equitable Reduction

  • Equitable Adjustment The Department may, in its sole discretion, make an equitable adjustment in the Term Contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond the Contractor’s control, (2) the volatility affects the marketplace or industry, not just the particular Term Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Term Contract would result in a substantial loss.

  • Equitable Adjustments (1) If the Contracting Officer confirms that Government conduct effected a change as alleged by the Contractor, and the conduct causes an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the work under this contract, whether changed or not changed by such conduct, an equitable adjustment shall be made-- (i) In the contract price or delivery schedule or both; and (ii) In such other provisions of the contract as may be affected. (2) The contract shall be modified in writing accordingly. In the case of drawings, designs or specifications which are defective and for which the Government is responsible, the equitable adjustment shall include the cost and time extension for delay reasonably incurred by the Contractor in attempting to comply with the defective drawings, designs or specifications before the Contractor identified, or reasonably should have identified, such defect. When the cost of property made obsolete or excess as a result of a change confirmed by the Contracting Officer under this clause is included in the equitable adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of the property. The equitable adjustment shall not include increased costs or time extensions for delay resulting from the Contractor's failure to provide notice or to continue performance as provided, respectively, in (b) and (c) above.

  • Automatic Reduction Promptly following each date on which the Required Amount is reduced as a result of a reduction in the Pool Balance of the Class B Certificates or otherwise, the Maximum Commitment shall automatically be reduced to an amount equal to such reduced Required Amount (as calculated by the Borrower). The Borrower shall give notice of any such automatic reduction of the Maximum Commitment to the Liquidity Provider within two Business Days thereof. The failure by the Borrower to furnish any such notice shall not affect such automatic reduction of the Maximum Commitment.

  • Equitable Relief The parties hereto agree and declare that legal remedies may be inadequate to enforce the provisions of this Agreement and that equitable relief, including specific performance and injunctive relief, may be used to enforce the provisions of this Agreement.

  • Equitable Remedy Because of the difficulty of measuring economic losses to the Company as a result of a breach of the restrictive covenants set forth in Sections 7, 8, 9 and 10, and because of the immediate and irreparable damage that would be caused to the Company for which monetary damages would not be a sufficient remedy, it is hereby agreed that in addition to all other remedies that may be available to the Company at law or in equity, the Company shall be entitled to specific performance and any injunctive or other equitable relief as a remedy for any breach or threatened breach of the aforementioned restrictive covenants.