Subsequent Pricing Sample Clauses
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Subsequent Pricing. On the first anniversary of the Effective Date of this Agreement and each year thereafter, the fee schedule set forth on Exhibit C shall be subject to review by Customer, CCM and the Advisor and shall be adjusted upon the approval of Customer’s board of directors, including a majority of its independent directors, CCM and the Advisor. Changes to the fee schedule shall be effective upon such approval in writing and an amendment to Exhibit C shall be attached as Amended Exhibit C to this Agreement. Notwithstanding the foregoing, each succeeding year following the first anniversary of the Effective Date of this Agreement, the fee schedule shall be adjusted at a minimum to an amount equal to the current fees paid by Customer for the Services increased by the percentage increase for the twelve-month period of the previous calendar year of the CPI-W (defined below), or, in the event that publication of such index is terminated, any successor or substitute index, appropriately adjusted, reasonably acceptable to the Parties. As used herein, “
Subsequent Pricing. At least sixty (60) days before the expiration of the initial term of this Agreement or a Renewal Term as defined in Section 8 hereof, CCM and the Issuer will agree upon a new Exhibit C fee schedule for the upcoming Renewal Term. Changes to the fee schedule in Exhibit C shall be effective upon written approval and an amendment to Exhibit C, setting forth the new fee schedule, shall be attached as Amended Exhibit C to this Agreement.
Subsequent Pricing. For both Banded Pricing and Basic + Per Kilo Pricing, where the Pricing Schedule contains Subsequent Parcel charging Rates, the Service Fee per Consignment (excluding any features, charges, fees or surcharges) will be calculated as follows: Basic Charge + (Subsequent Parcel Rate x number of Subsequent Parcels) + (Total Chargeable Weight of the Parcels in the Consignment × Per Kg Rate)
Subsequent Pricing. Once Seller and Customer agree on a Price List and therefore a price for a SKU, either Party may initiate a proposed price change on at least [***] days prior notice based on cost changes for the SKU if the aggregate adjustments to raw material and labor (inclusive of benefit costs on labor) result in an increase or decrease of [***] or more of the current wholesale price for a SKU; provided, however, price changes due to cost changes resulting from tariffs, duties and similar charges shall be effective immediately upon receipt of notice. Either Party may initiate the price change at any time by giving notice of proposed price change (a “Price Change Notice”) in substantially the form attached as Exhibit 2. The submitting Party shall accompany each Price Change Notice with reasonable supporting documentation for the proposed price change. If the receiving Party objects to the suggested price change, the Parties will use the [***] notice period to negotiate a mutually agreeable price change. If the Parties cannot agree on a price change and the documentation provided by the submitting Party reasonably supports the proposed price change, the price change as stated in the Price Change Notice shall go into effect [***] days after the date of the Price Change Notice. Price changes shall not be effective in respect of any pending Product orders. During the [***] notice period, Customer may only order in the normal course of business based on confirmed orders from Mattress Firm.
Subsequent Pricing. At least sixty (60) days before the expiration of the initial term of this Agreement or a Renewal Term as defined in Section 7 hereof, PSS and the Issuer agree to evaluate the need for an updated Exhibit C fee schedule for the upcoming Renewal Term, and if it is determined a new schedule is needed, the parties agree to negotiate in good faith. Changes to the fee schedule in Exhibit C shall be effective upon written approval and an amendment to Exhibit C, setting forth the new fee schedule, shall be attached as Amended Exhibit C to this Agreement.