Regulatory Changes Affecting Pricing Sample Clauses

Regulatory Changes Affecting Pricing. In the event that any change in applicable Federal regulations results in a significant, demonstrable change in Vendor's costs to provide the Dial-Up Access Services, then: (i) in the case of a cost increase, Vendor may pass such applicable cost increase along to Customer on an Out-of-Pocket Expense basis so long as such increase is passed along to all of Vendor's other Dial-Up Access -------------------------------------------------------------------------------- Network Services Agreement America Online, Inc. / BBN Corporation CONFIDENTIAL Schedule B Schedule B - Page 41 CONFIDENTIAL TREATMENT REQUESTED customers to which such costs are not prohibited from being passed; provided, however, Customer may elect, with 120 days notice, to decommission in accordance with Subsection (a)(iv) of this Section any of the Dial-Up Access Ports affected by such Federal regulatory cost increase (however, Customer shall not be required to pay such cost increase during the 120-day decommissioning notice period); provided further, however, that (A) the decommissioning of Dedicated Dial-Up Access Ports across the Vendor Network pursuant to this Subsection shall be in proportion to the approximate weighted distribution of Dedicated Dial-Up Access Ports across Existing Calling Areas, and (B) the date and, proportional rate restrictions on decommissioning in Subsection (a)(iv) of this Section shall not apply with respect to decommissioning under this Section; and (ii) in the event of a cost decrease, Vendor shall pass such decrease to Customer. In connection with any such increase or decrease, Vendor shall identify the Dial-Up Access Ports affected by such regulatory cost change and the amount of the applicable change to the Monthly EDAP Charge or Monthly DAP Charge for such affected Dial-Up Access Ports. Any such regulatory cost change passed -through to Customer shall take effect as of the first day of the calendar month immediately following delivery of the regulatory cost change notice and shall continue in effect until the date on which the next New Dial-Up Market Price becomes applicable to such affected Dial-Up Access Ports.
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Related to Regulatory Changes Affecting Pricing

  • Regulatory Changes If any legislative, regulatory, judicial or other legal action (other than an Amendment to the Act, which is provided for in Section 29.3) materially affects the ability of a Party to perform any material obligation under this Agreement, a Party may, on thirty (30) days written notice to the other Party (delivered not later than thirty (30) days following the date on which such action has become legally binding), require that the affected provision(s) be renegotiated, and the Parties shall renegotiate in good faith such mutually acceptable new provision(s) as may be required; provided that such affected provisions shall not affect the validity of the remainder of this Agreement.

  • Regulatory Change Without limiting the effect of the provisions of Section 5.01(a), in the event that at any time (by reason of any Regulatory Change or any other circumstances arising after the Closing Date affecting (i) any Lender, (ii) the London interbank market or (iii) such Lender’s position in such market), the Adjusted LIBOR, as determined in good faith by such Lender, will not adequately and fairly reflect the cost to such Lender of funding its LIBOR Loans, then, if such Lender so elects, by notice to the Borrower and the Administrative Agent, the obligation of such Lender to make additional LIBOR Loans shall be suspended until such Regulatory Change or other circumstances ceases to be in effect (in which case the provisions of Section 5.04 shall be applicable).

  • STATUTORY CHANGES All references to sections of the Exchange Act or the Code shall be deemed also to refer to any successor provisions to such sections.

  • Changes and Modifications (i) DST shall have the right, at any time, to modify any systems, programs, procedures or facilities used in performing its obligations hereunder; provided that the Fund will be notified as promptly as possible prior to implementation of such modifications and that no such modification or deletion shall materially adversely change or affect the operations and procedures of the Fund in using the TA2000 System hereunder, the Services or the quality thereof, or the reports to be generated by such system and facilities hereunder, unless the Fund is given thirty (30) days’ prior notice to allow the Fund to change its procedures and DST provides the Fund with revised operating procedures and controls. (ii) All enhancements, improvements, changes, modifications or new features added to the TA2000 System however developed or paid for, including, without limitation, Client Requested Software (collectively, “Deliverables”), shall be, and shall remain, the confidential and exclusive property of, and proprietary to, DST. The parties recognize that during the Term of this Agreement the Fund will disclose to DST Confidential Information and DST may partly rely on such Confidential Information to design, structure or develop one or more Deliverables. Provided that, as developed, such Deliverable(s) contain no Confidential Information that identifies the Fund or any of its investors or which could reasonably be expected to be used to readily determine such identity, (i) the Fund hereby consents to DST’s use of such Confidential Information to design, to structure or to determine the scope of such Deliverable(s) or to incorporate into such Deliverable(s) and that any such Deliverable(s), regardless of who paid for it, shall be, and shall remain, the sole and exclusive property of DST and (ii) the Fund hereby grants DST a perpetual, nonexclusive license to incorporate and retain in such Deliverable(s)

  • Amendments, Changes and Modifications Except as to the termination rights of both Parties as indicated in the Facilities Lease, this Site Lease may not be amended, changed, modified, altered or terminated without the written agreement of both Parties hereto.