Monthly Adjustment Sample Clauses

The Monthly Adjustment clause establishes a mechanism for regularly updating certain contract terms, typically financial amounts such as fees, rent, or service charges, on a monthly basis. This adjustment may be based on predefined criteria like changes in usage, inflation indices, or performance metrics, and is usually calculated and applied at the end of each month. Its core practical function is to ensure that payments or obligations remain fair and accurate over time, reflecting actual circumstances and preventing disputes over outdated or static terms.
Monthly Adjustment. The Department may adjust the amount payable to the Health Services Manager under an invoice to take account of: (a) payment of the agreed sale price for any Loose Assets in accordance with clause 4; (b) the withholding by the Department of any disputed amount in accordance with
Monthly Adjustment. The Asphalt Rejuvenating Agent tonnage shall have an adjustment determined above by either Equations (1) or (2), as appropriate. All adjustments shall be based on the average monthly price index per ton of asphalt binder corresponding to the date (month) the Asphalt Rejuvenating Agent was actually placed on a project. For the purposes of making these calculations, the Department’s State Materials Bureau will maintain a database of monthly price indexes. This index will be based on the average of the major suppliers in New Mexico. This index will be maintained by the NMDOT and published on the NMDOT Plan, Specifications & Estimates (PS&E) Bureau website. The published monthly base price index will be calculated using the following formula: Price Index = Average of the reported average weekly selling prices using the last four reported weeks on or prior to the last day of a given month as published by the New Mexico price index. A twenty-four (24) month running summary of the published monthly price index will be sent, by Department e-mail, to each District Engineer, Assistant District Engineer, State Construction Bureau, the Albuquerque office of the Associated Contractors of New Mexico for distribution to their members, and other interested parties at the beginning of each week.
Monthly Adjustment. Promptly following the commencement of the Term and prior to the commencement of each subsequent calendar year (or as soon thereafter as practicable), Landlord shall estimate the Operating Expenses payable by Tenant for such calendar year pursuant to this Section. Tenant shall pay to Landlord, on the first day of each month, in advance, one-twelfth (1/12) of Landlord’s estimated amount. If at any time during the course of the year Landlord determines that the Operating Expenses payable by Tenant will vary from the then estimated amount, by notice to Tenant Landlord may revise the amount payable by Tenant during the balance of the calendar year such that the total estimated additional amount due from Tenant for such calendar year is paid by ▇▇▇▇▇▇ during the balance of the calendar year in equal monthly amounts. Within ninety (90) days (or as soon thereafter as practicable) after the close of each calendar year, Landlord shall provide Tenant with a statement to account for any difference between the actual and the estimated Operating Expenses for the previous year. Landlord’s annual statement shall be final and binding upon Landlord and Tenant unless, within ninety (90) days after delivery thereof to Tenant, Landlord shall revise or Tenant shall contest any item therein by written notice to the other, specifying each item revised or contested and the reason therefor. Notwithstanding the foregoing, the Real Property Taxes included in any such annual statement may be modified by any subsequent adjustment or retroactive application of Real Property Taxes affecting the calculation of Operating Expenses. If ▇▇▇▇▇▇ has overpaid the amount of Operating Expenses owing pursuant to this Section, Landlord shall credit the overpayment against ▇▇▇▇▇▇’s next payments due under this Section 5. If Tenant has underpaid the amount of Operating Expenses owing pursuant to this Section, Tenant shall pay the amount of the underpayment to Landlord within thirty (30) days after ▇▇▇▇▇▇’s receipt of Landlord’s statement. If the rentable area of the Building is not fully occupied during any calendar year, Operating Expenses for such calendar year shall be adjusted to equal Landlord’s reasonable estimate of the Operating Expenses which would have been incurred during such calendar year if the total rentable area of the Building were occupied.
Monthly Adjustment. Promptly following the commencement of the Term and prior to the commencement of each subsequent calendar year (or as soon thereafter as
Monthly Adjustment. At all times during the Payment Term, the aggregate fair market value of all Registered Shares and Unregistered Shares in the Escrow Account, as calculated based on the average of the daily highest and lowest prices of Borqs Technologies, Inc. shares of common stock as traded on the Nasdaq market for the twenty trading days immediately preceding the Payment Date (the “Current Stock Value”), shall not be less than 125% of the unpaid Final Award amount plus applicable unpaid accrued interest (the “Then Outstanding Amount”). On each Payment Date, to the extent that the aggregate fair market value of the shares in the Escrow Account is less than the Then Outstanding Amount, Borqs shall deposit into the Escrow Account additional Registered Shares of Borqs Technologies, Inc. as is necessary such that the Current Stock Value of the Escrow Account is equal to at least 125% of the Then Outstanding Amount but not more than US$ 5,000,000. Notwithstanding the foregoing, , and solely to the extent that Borqs’ registration of shares, as described in Paragraph 3(d) below, is not effective, Borqs may fulfill its obligations to deposit shares in the Escrow Account with Unregistered Shares.

Related to Monthly Adjustment

  • CPI Adjustment If 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.