Common use of Other Increases Clause in Contracts

Other Increases. 11.1 If the Letter of Engagement or the Order Form for a Service specifies that the Service Fees are calculated by reference to a particular metric (Fee Metric): (a) we may audit your Facilities no more than once in each 3 month period to determine whether the actual quantity of that Fee Metric at your Facilities (Actual Quantity) is greater than the Baseline Quantity; and (b) separately, you must notify us of any event which may or will occur which does, will or could impact the Actual Quantity during the Term promptly upon becoming aware of the event. 11.2 You must promptly provide us with all information, access and other assistance necessary for us to conduct an audit under clause 11.1(a), investigate the potential impact of an event notified under clause 11.1(b), or otherwise accurately calculate a Service Fee change pursuant to clause 11.3. 11.3 If we determine following an audit or investigation of a notified event that the Actual Quantity is or will be greater than the Baseline Quantity, we may change the Service Fees for that particular Service by an amount calculated as follows: where: For example: If the Fee Metric specified that the Service Fees for a Service were calculated on a per unit basis based on the number of beds for all facilities under your ownership or management, and the Baseline Quantity (i.e. the number of units in the Order Form) was for 100 beds. If we determine following an audit that the Actual Quantity of beds was 150, and the current standard rate for the Fee Metric was $10 per bed, then the Service Fees for that particular Service may be increased by: Service Fee = (150-100)*10 11.4 If we wish to change the Service Fees in accordance with clause 11.3, we must give you a notice specifying: (a) the Actual Quantity identified; (b) the new Service Fees; and (c) the date from which the change to Service Fees takes effect. 11.5 If we give you a notice under clause 11.4: (a) the Service Fees will be varied for the purposes of the Agreement to reflect the Service Fees specified in that notice; (b) to the extent that we have already given you an invoice for the Service Fees for a period during which the Baseline Quantity was exceeded, we may give you another invoice for an additional amount equal to the difference between: (i) the Service Fees that you paid, or are liable to pay; and (ii) the Service Fees that would have been payable during that period had the increased Service Fees applied; and (c) the Baseline Quantity will be varied for the purposes of the Agreement to reflect the Actual Quantity specified in that notice.

Other Increases. 11.1 If the Letter of Engagement or the Order Form for a Service specifies that the Service Fees are calculated by reference to a particular metric (Fee Metric): (a) we may audit your Facilities no more than once in each 3 month period to determine whether the actual quantity of that Fee Metric at your Facilities (Actual Quantity) is greater than the Baseline Quantity; and (b) separately, you must notify us of any event which may or will occur which does, will or could impact the Actual Quantity during the Term promptly upon becoming aware of the event. 11.2 You must promptly provide us with all information, access and other assistance necessary for us to conduct an audit under clause 11.1(a), investigate the potential impact of an event notified under clause 11.1(b), or otherwise accurately calculate a Service Fee change pursuant to clause 11.3. 11.3 If we determine following an audit or investigation of a notified event that the Actual Quantity is or will be greater than the Baseline Quantity, we may change the Service Fees for that particular Service by an amount calculated as follows: where: For example: If the Fee Metric specified that the Service Fees for a Service were calculated on a per unit basis based on the number of beds for all facilities under your ownership or management, and the Baseline Quantity (i.e. the number of units in the Order Form) was for 100 beds. If we determine following an audit that the Actual Quantity of beds was 150, and the current standard rate for the Fee Metric was $10 per bed, then the Service Fees for that particular Service may be increased by: Service Fee = (150-100)*10: 11.4 If we wish to change the Service Fees in accordance with clause 11.3, we must give you a notice specifying: (a) the Actual Quantity identified; (b) the new Service Fees; and (c) the date from which the change to Service Fees takes effect. 11.5 If we give you a notice under clause 11.4: (a) the Service Fees will be varied for the purposes of the Agreement to reflect the Service Fees specified in that notice; (b) to the extent that we have already given you an invoice for the Service Fees for a period during which the Baseline Quantity was exceeded, we may give you another invoice for an additional amount equal to the difference between: (i) the Service Fees that you paid, or are liable to pay; and (ii) the Service Fees that would have been payable during that period had the increased Service Fees applied; and (c) the Baseline Quantity will be varied for the purposes of the Agreement to reflect the Actual Quantity specified in that notice.

Other Increases. 11.1 If the Letter of Engagement or the Order Form for a Service specifies that the Service Fees are calculated by reference to a particular metric (Fee Metric): (a) we may audit your Facilities Business no more than once in each 3 month period to determine whether the actual quantity of that Fee Metric at your Facilities (Actual QuantityǪuantity) is greater than the Baseline QuantityǪuantity; and (b) separately, you must notify us of any event which may or will occur which does, will or could impact the Actual Quantity Ǫuantity during the Term promptly upon becoming aware of the event. 11.2 You must promptly provide us with all information, access and other assistance necessary for us to conduct an audit under clause 11.1(a), investigate the potential impact of an event notified under clause 11.1(b), or otherwise accurately calculate a Service Fee change pursuant to clause 11.3. 11.3 If we determine following an audit or investigation of a notified event that the Actual Quantity Ǫuantity is or will be greater than the Baseline QuantityǪuantity, we may change the Service Fees for that particular Service by an amount calculated as follows: Amount = (A – B) x C where: For example: If A means the Fee Metric specified that the Service Fees for a Service were calculated on a per unit basis based on the number of beds for all facilities under your ownership or management, and Actual Ǫuantity; B means the Baseline Quantity (i.e. the number of units in the Order Form) was for 100 beds. If we determine following an audit that the Actual Quantity of beds was 150, Ǫuantity; and the C means our then current standard rate for the applicable Fee Metric was $10 per bed, then the Service Fees for that particular Service may be increased by: Service Fee = (150-100)*10Metric. 11.4 If we wish to change the Service Fees in accordance with clause 11.3, we must give you a notice specifying: (a) the Actual Quantity Ǫuantity identified; (b) the new Service Fees; and (c) the date from which the change to Service Fees takes effect. 11.5 If we give you a notice under clause 11.4: (a) the Service Fees will be varied for the purposes of the Agreement to reflect the Service Fees specified in that notice; (b) to the extent that we have already given you an invoice for the Service Fees for a period during which the Baseline Quantity Ǫuantity was exceeded, we may give you another invoice for an additional amount equal to the difference between: (i) the Service Fees that you paid, or are liable to pay; and (ii) the Service Fees that would have been payable during that period had the increased Service Fees applied; and (c) the Baseline Quantity Ǫuantity will be varied for the purposes of the Agreement to reflect the Actual Quantity Ǫuantity specified in that notice.