Adjustments in Compensation Clause Samples

Adjustments in Compensation. For each subsequent fiscal year of the Company during the Term of Employment, the Compensation Committee of the Company’s Board of Directors (the “Compensation Committee”) shall review Executive’s Total Annual Compensation in good faith in accordance with the Company’s customary procedures and practices as in place from time to time regarding the total compensation of senior executives, and, subject to Executive’s right to terminate his employment for Good Reason (as defined in Section 6.2(d) hereof), may adjust the amount of Executive ’s Total Annual Compensation, and the portion thereof payable in Base Salary and in the form of Restricted Share Awards.

Adjustments in Compensation. For changes in the project as provided in Article 10, the construction phase compensation shall be adjusted as follows: (a) The Construction Manager shall be paid additional compensation subject to negotiation if the Construction Manager is placed in charge of reconstruction of an insured or uninsured loss excluding any condition that may have been caused by the negligent acts of the Construction Manager or anyone for whom the Construction Manager is responsible under this Agreement. (b) If, at the time of the establishment of the GMP, or Partial GMP as applicable, as described in Article 6, the duration of construction differs from the above (measured by reference to the Owner Occupancy date referenced in Article 7 above) the construction phase compensation may be re-negotiated and revised. (c) Construction Manager's Exclusive Remedy (No Fault by Construction Manager): To the extent that the construction Substantial or Final Completion date is extended due to an act or neglect of the Owner or the Architect-Engineer, and without the fault of the Construction Manager, or where such extension is solely attributable to the Owner or the Architect- Engineer, the Construction Manager's sole and exclusive remedy is an extension of the construction completion date and payment of additional Compensation for Construction Services and additional Overhead necessitated by such delay. It is expressly understood by the parties that this provision is intended only to compensate the Construction Manager for expenses actually incurred as direct costs of construction exclusively related to the scope of work suffering delay and is not intended to provide additional profit or compensation to the Construction Manager except as may be agreed to by the Owner. (d) Construction Manager’s Exclusive Remedy (Contributory Fault of Construction Manager and Owner and/or Architect-Engineer): To the extent that the construction Substantial or Final Completion date is extended due to any act or neglect or confluence of acts or events for which both the Owner (and/or Architect-Engineer) and the Construction Manager are at fault, regardless of the proportion of fault attributable to either, the Construction Manager’s sole and exclusive remedy is an extension of the construction completion date and such additional Compensation for Construction Services subject to negotiation with the Owner, except that any such additional compensation SHALL NOT include any provision for profit to the Construct...

Adjustments in Compensation. Commencing on January 1, 1999 and on each January 1 thereafter during the Engagement Period (or any extension thereof), the Compensation shall be increased by that percentage, if any, by which the Consumer Price Index published by the United States Bureau of Labor Statistics as the same is in effect on the date of this Agreement.

Adjustments in Compensation. The rates in the contract may be subject to adjustment upward or downward after each year effective January 1. Such adjustments will be made in accordance with the Consumer Price Index of Pacific Cities, published by the U.S. Department of labor, Bureau of labor Statistics, San Francisco Office (or its successor). The increase or decrease shall not exceed 5% of any given year, and shall be based on the “Urban Wage Earners and Clerical Workers” Schedule, for the Concord area. Mt Diablo Unified School District shall endeavor to execute notice of the Contractor identifying any rate adjustments based on the index published for February ending. Based on said notice, adjustments will become effective for services rendered beginning July 1 and that succeeding twelve (12) month period.

Adjustments in Compensation. A. Methods used in determining adjustments to the Contract Sum and/or Contract Time shall be based on one of the following as determined by the GLENN COUNTY HHSA Representative: 1. By negotiation on the basis of estimates of increase or decrease in Contract Time and/or Contract Sum. Upon GLENN COUNTY HHSA Representative’s written request, Design-Builder shall furnish a detailed estimate of increase or decrease in costs and time, together with cost breakdowns and other supporting documentation and data with the time specified in such request. The Design-Builder shall be responsible for any additional cost cause by its failure to provide the estimate within the time specified. 2. By the GLENN COUNTY HHSA Representative, by issuance of a unilateral Change Order, on the basis of the GLENN COUNTY HHSA’s estimate of increase or decrease in Contract Time and/or Contract Sum. 3. By the GLENN COUNTY HHSA Representative, whether or not negotiations are initiated as provided in this Article, by actual and necessary costs, as determined by the GLENN COUNTY HHSA Representative, on the basis of Project records. Such records may include job cost reports, payroll records, invoices and daily job cost records. Daily job cost records shall be maintained by the Design-Builder and beginning with the first day and at the end of each day, Design-Builder shall Furnish to GLENN COUNTY HHSA Representative detailed hourly records for labor, Construction Equipment, and services; and itemized records of Materials and Equipment used that day in performance of the changes. Such records shall be of a form Approved by the GLENN COUNTY HHSA Representative. Such records shall be signed by Design-Builder certifying that records provided have been verified by the Design-Builder for completeness and accuracy and verified by GLENN COUNTY HHSA Representative. 4. By unit prices stated in the Contract Documents, or subsequently agreed upon. B. The amount of an adjustment in compensation for changes shall be based upon: 1. Labor. Compensation for labor shall include the applicable payroll cost for labor, including first level supervision providing physical construction labor directly engaged in performance of the changes. Others, who may be involved in the preparation of the change order, including, but not limited to supervisors, superintendent, engineers, or estimators, shall be considered as overhead costs under this Article. Wages shall not exceed (unless previously agreed) the prevailing wages...