Moisture Adjustment Clause Samples

Moisture Adjustment. For the coal accepted in each calendar quarter, an adjustment, calculated to the nearest tenth of a cent per ton at a rate of either (1) $0.06 per ton (decrease) for each percentage point the Quarterly Average Value of moisture exceeds the Typical Analysis for Moisture, or (2) $0.06 per ton (increase) for each percentage point the Quarterly Average Value for Moisture is less than the Typical Analysis for Moisture, shall be applied to the contract price. The calculation shall be prorated to cover any fractional percentage. (See Exhibit I for example of calculations.)
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Moisture Adjustment. Complying Gypsum sold and delivered to Lafarge in any Contract Year during the Initial Term and any Renewal Term(s) and having an annual weighted average moisture content between * * * and * * * shall be sold and delivered to Lafarge for the price per Ton applicable to such Contract Year, as provided in and adjusted pursuant to Section 9 hereof, without taking into account any Moisture Adjustment. If the annual weighted average moisture content of Complying Gypsum sold and delivered to Lafarge in any Contract Year during the Initial Term or any Renewal Term(s), as the case may be, exceeds * * * but is not greater than * * *, rounded to the nearest one-tenth of a percentage point, Lafarge shall be entitled to a credit for a compliance payment (“Compliance Payment”) in respect of such Contract Year, to be applied as set forth in subsection (c) hereof, equal to: Moisture Content Compliance Payment * * * * * * * * * * * * If the annual weighted average moisture content of Complying Gypsum sold and delivered to Lafarge in any Contract Year during the Initial Term or any Renewal Term(s), as the case may be, is less than * * * but is not less than * * * , rounded to the nearest one-tenth of a percentage point, the applicable price per ton, as provided in and adjusted pursuant to Section 9 hereof, shall be increased by an amount (“Premium Amount”), to be charged as set forth in subsection (c) hereof, as follows: Moisture Content Premium Amount * * * * * * * * * * * * The moisture content of all Material intended to be sold and delivered by Seminole to Lafarge pursuant to this Contract shall be determined by Seminole at the frequencies and in accordance with the test method applicable to moisture set forth on Exhibit A. All such twice-a-day moisture content calculations in respect of Complying Gypsum delivered in any Contract Year during the Initial Term and any Renewal Term(s) shall be weighted on a tonnage basis in order to determine an annual weighted average moisture content per Ton of the Complying Gypsum sold and delivered to Lafarge during such Contract Year. All determinations relating to moisture content of the Material, whether such determinations result in the Material being deemed to be Complying Gypsum (with respect to the Specification pertaining to moisture content) or Non-Complying Gypsum, shall be at Seminole’s sole expense. Lafarge shall have the right to observe all determinations of the Material’s moisture content. Seminole shall retain at the S...
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Moisture Adjustment. (a) If the monthly weighted average percent of moisture is in excess of 10.00% and is less than or equal to 11.00%, the downward price adjustment shall be $0.04/ton per percent with a base of 10.00%, I.E., ($0.04/ton x (monthly weighted moisture % - 10.00%) = downward price adjustment). Example: Monthly weighted average moisture analysis is 10.50%, $0.04/ton x (10.50% - 10.00%) = $0.02/ton is the downward price adjustment. (b) If the monthly weighted average percent of moisture is greater than 11.00% and is less than or equal to 12.00%, the downward price adjustment shall be $0.08/ton per percent with a base of 10.00%, I.E., ($0.08/ton x (monthly weighted moisture % - 10.00%) = downward price adjustment). Example: Monthly weighted average moisture analysis is 11.50%, $0.08/ton x (11.50% - 10.00%) = $0.12/ton is the downward price adjustment. (c) If the monthly weighted average percent of moisture is greater than 12.00%, the downward price adjustment shall be $0.12/ton per percent with a base of 10.00%, I.E., ($0.12/ton x (monthly weighted moisture % - 10.00%) = downward price adjustment).
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Related to Moisture Adjustment

  • Cost Adjustments Both parties agree that contracted prices shall be fixed for the first 12 months of this Contract. Contractor must submit to District any proposed cost adjustments at least 60 days before the proposed effective date of such increases with a detailed explanation for each adjustment. District alone reserves the right to reject any changes to this Contract it deems unacceptable.

  • CPI Adjustment If the CPI Percentage Increase (as defined below) is more than [***] for the relevant Adjustment Period, then the Rent payable during that Adjustment Period shall be adjusted upward by a percentage equal to the CPI Percentage Increase (as defined below) applicable to such Adjustment Period, but not to exceed an adjustment during any Adjustment Period of greater than [***]. The term “Consumer Price Index” shall mean the unadjusted Consumer Price Index for All Urban Workers, U.S. City Average, All Items, 1982-84=100, calculated and published by the United States Department of Labor, Bureau of Labor Statistics. The “CPI Percentage Increase” shall mean, with respect to any Adjustment Period, [***]. For the avoidance of doubt, no CPI Adjustment shall be made to any payment due under this Ground Lease for any Adjustment Period if the result of such CPI Adjustment would be to (a) reduce the amount of such payment to an amount that is less than the amount of such payment due for the immediately preceding Adjustment Period or (b) to raise the amount of such payment to an amount that is greater than [***]. For illustrative purposes only, [***]. The CPI Percentage Increase for any Adjustment Period shall be calculated by the Tenant, and the Tenant shall deliver written notice to the Landlord describing such calculation in reasonable detail (a “CPI Notice”) no later than thirty (30) days after the commencement of any Adjustment Period. If the Landlord disagrees with the Tenant’s calculation of the CPI Percentage Increase, then the Landlord shall deliver to the Tenant written notice, describing the basis for such disagreement in reasonable detail (a “CPI Disagreement Notice”), not later than thirty (30) days after delivery of the CPI Notice. If the Landlord fails to deliver a CPI Disagreement Notice within thirty (30) days after delivery of any CPI Notice, then the Landlord shall be conclusively deemed to have agreed with the calculation of the CPI Percentage Increase set forth in such CPI Notice.

  • Performance Adjustment One-twelfth of the annual Performance Adjustment Rate will be applied to the average of the net assets of the Portfolio (computed in the manner set forth in the Fund's Declaration of Trust or other organizational document) determined as of the close of business on each business day throughout the month and the performance period.

  • Share Adjustments If the Company's outstanding shares of Common Stock are increased or decreased or changed into or exchanged for a different number or kind of shares or other securities of the Company by reason of any recapitalization, reclassification, stock split, combination of shares, stock dividend, or transaction having similar effect, the Board shall proportionately and appropriately adjust the number and kind of shares that are subject to this Option and the Exercise Price Per Share, without any change in the aggregate price to be paid therefor upon exercise of this Option.

  • True-Up Adjustments From time to time, until the Retirement of the Recovery Bonds, the Servicer shall identify the need for True-Up Adjustments and shall take all reasonable action to obtain and implement such True-Up Adjustments, all in accordance with the following: