Adjustments to Agreement Sample Clauses

Adjustments to Agreement. Should: (1) a Owner or GEC Change under Section 6.2 or 6.3 cause an increase or decrease in GEC’s cost of or time required for performance of this Agreement, or otherwise affect any provision of this Agreement or (2) an impact to the Work as provided in the Agreement, or increase GEC’s cost or time required for performance of this Agreement or otherwise adversely affect any provision of the Agreement, GEC shall be entitled to an adjustment to the Contract Price, Project Schedule, Performance Guarantees, Guaranteed Completion Date, Milestone Payment Schedule or any other provisions of this Agreement which are affected by such Change. In connection with an Owner or GEC Change under Sections 6.2 or 6.3, when GEC is notified of or proposes such a Change, Contractor shall promptly prepare and submit to GEC an estimate of the increase or decrease, if any, in the cost and time required to complete the Work, together with an explanation of the basis for such estimate, and shall inform Owner whether, in GEC’s opinion, such Change should result in an adjustment of any other provision of the Agreement, specifying the relevant provision. The price of any Work required or deleted by a Change shall be a lump sum fixed price mutually agreed to by the parties, unless the parties agree otherwise. The explanation of the basis for a cost Change shall include, as appropriate, relevant cost information regarding the portion of the original cost estimate that is affected by the Change, vendor pricing for the cost of Equipment added by the Change, and estimated quantities of Equipment, other materials and labor added by the Change. If GEC and Owner fail to agree on Contractor’s entitlement to an adjustment or the nature of such adjustment, then the provisions of Article XIX shall be invoked to resolve the dispute. Pending the resolution of such dispute, GEC shall be reimbursed for such Change on a good faith negotiated basis and when the dispute is resolved said reimbursed amount shall be credited against said resolved amount. If Owner fails to agree to a GEC request for an extension of a Guaranteed Completion Date to which GEC is ultimately determined to be entitled, then GEC is entitled to a Change for any increased cost plus its markups resulting from efforts to meet the Guaranteed Completion Date during resolution of the dispute, if any. In connection with other Changes having an impact on the Work, GEC shall promptly prepare and submit to Owner an estimate of the increase, ...
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Adjustments to Agreement. (a) If any change causes an increase or decrease in the Price, or in the time required for performance of any part of the Work, whether or not directly changed by the order, ORBCOMM Global and Orbital shall negotiate an equitable adjustment to such Price, delivery schedule or other provision of this Agreement. Orbital shall perform the Work as changed pending resolution of any negotiation under this Article 8.
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Adjustments to Agreement. Client agrees that NOOR may change, add, or cancel any of the terms and conditions of this Agreement at any time by notifying such modification and their effective date on the NOOR's website and/or notifying thereof by e- mail at the e-mail address as provided to NOOR. Upon the completion of this procedure Client and NOOR shall be legally bound by the modification regardless of whether Client receives the email or not. NOOR may change its services at any time by making changes on its website and shall not be obliged to provide Client any separate notice concerning such change. If Client does not agree on the amendment, Client shall promptly notify NOOR in writing and cease to using NOOR's services except as necessary to close the account. Client acknowledges that the use of NOOR's services after the amendments to this agreement or modification to the service shall be deemed acceptance. FORCE MAJEUR NOOR shall not be held liable in the event of force majeure and emergency situations such as suspension or delay of trading, war or earthquakes, unrest or communication line failure, electricity or equipment or software failure or any other cause beyond the control of the parties whether directly or indirectly or unauthorized access or theft or any problem technical or otherwise, which may prevent Client from entering, canceling or modifying an order or prevent NOOR from acting on an online order or instructions. If NOOR determine that a force majeure event exist, NOOR may, in its absolute discretion and without prior notice, at any time take one or more of the following steps; A Close any or all open contracts at any level that is appropriate B Suspend or modify the application of all or any of the terms of this Agreement to the extent that the force Majeure event makes it impossible or impractical for NOOR to comply with the term or terms in question. C Alter the last time for trading for particular contract. D Take or omit to take all such other actions as XXXX xxxx to be reasonably appropriate in the circumstances having NOOR positions, Client positions and the positions of other Client. In the event of the above events, NOOR shall not be liable to the client for any claims, losses, damage, costs and expenses, including lawyers' fees, arising directly or indirectly out of such events.
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Adjustments to Agreement. (a) If any change causes an increase or decrease in the Price, or in the time required for performance of any part of the Work, whether or not directly changed by the order, OIC and Orbital shall negotiate an equitable adjustment to such Price, delivery schedule or other provision of this Agreement. Orbital shall perform the Work as changed pending resolution of any negotiation under this Article 9, provided that OIC provides funding for the efforts.
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Adjustments to Agreement. (a) If any change causes an increase or decrease in the Price, or in the time required for performance of any part of the Work, whether or not directly changed by the order, ORBCOMM and OHB shall negotiate an equitable adjustment to such Price, delivery schedule or other provision of this Agreement. OHB shall perform the Work as changed pending resolution of any negotiation under this Article 8.
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Adjustments to Agreement. The document has been reviewed by the legal section within Salford Council and the following additional elements are to be included
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Adjustments to Agreement. If any Change causes an increase or decrease in the cost of or time required for performance of this Agreement by Contractor or otherwise affects any provision of this Agreement and either party to this Agreement is entitled to an adjustment as a result of such Change, then an adjustment will be made to the Contract Price, Project Schedule, Guaranteed Completion Date or End Date, or any other provisions of this Agreement which are affected by such Change. When Contractor is notified of or becomes aware of a Change, Contractor shall promptly, and in any event within seven (7) days, prepare and submit to Owner, to the extent such information is reasonably available, an estimate of the increase or decrease, if any, in the cost and time required to complete the Work, together with an explanation of the basis for such estimate, and shall inform Owner whether, in Contractor's opinion, such Change should result in an adjustment under this Agreement, specifying the relevant provision of this Agreement. The explanation of the basis for a cost Change shall include, as appropriate, relevant cost information regarding the portion of the original cost estimate that is affected by the Change, vendor pricing for the cost of Equipment added or deleted by the Change, and estimated quantities of Equipment, other materials and labor added or deleted by the Change. If Contractor and Owner fail to agree on Contractor's entitlement to an adjustment or the nature of such adjustment, then the provisions of Article 19 shall be invoked to resolve the dispute.
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Adjustments to Agreement. (a) If any change requested by ORBCOMM causes an increase or decrease in SUPPLIER’s Costs, or in the time required for performance of any part of the Work, whether or not directly changed by the order, ORBCOMM and SUPPLIER shall negotiate an equitable adjustment to such Price, Delivery schedule or other provision of this Agreement. If SUPPLIER’s Costs are increased in connection with any changes under this Article 9, it shall be entitled to such Costs. If SUPPLIER’s Costs are reduced in connection with any changes under this Article 9, ORBCOMM shall be entitled to a credit against its payments otherwise due hereunder of SUPPLIER’s savings, also calculated at Cost. SUPPLIER shall perform the Work as contractually obligated pending resolution of any negotiation under this Article 9; unless ORBCOMM directs SUPPLIER in writing to proceed with the change subject to such resolution in which event SUPPLIER shall proceed in that manner. If ORBCOMM so directs SUPPLIER to proceed pending such resolution, then: (i) ORBCOMM shall pay SNC in accordance with such proposal pending resolution at which time any over (or under) payments shall be required to be paid or refunded by the relevant party in accordance with such resolution; and (ii) the pendancy of such resolution shall not excuse SNC from proceeding with the Work as changed.
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Related to Adjustments to Agreement

  • Adjustments to Option The Option shall be subject to the adjustment provisions of Sections 8 and 9 of the Plan, provided, however, that in the event of the payment of an extraordinary dividend by the Company to its shareholders: the Exercise Price of the Option shall be reduced by the amount of the dividend paid, but only to the extent the Committee determines it to be permitted under applicable tax laws and to not have adverse tax consequences to the Optionee under Section 409A of the Code; and, if such reduction cannot be fully effected due to such tax laws and it will not have adverse tax consequences to the Optionee, then the Company shall pay to the Optionee a cash payment, on a per Share basis, equal to the balance of the amount of the dividend not permitted to be applied to reduce the Exercise Price of the applicable Option as follows: (a) for each Share subject to a vested Option, immediately upon the date of such dividend payment; and (b) for each Share subject to an unvested Option, on the date on which such Option becomes vested and exercisable with respect to such Share.

  • Adjustments to Shares If at any time while this Agreement is in effect (or Shares granted hereunder shall be or remain unvested while Recipient’s Continuous Service continues and has not yet terminated or ceased for any reason), there shall be any increase or decrease in the number of issued and outstanding Shares of the Company through the declaration of a stock dividend or through any recapitalization resulting in a stock split-up, combination or exchange of such Shares, then and in that event, the Board or the Committee shall make any adjustments it deems fair and appropriate, in view of such change, in the number of shares of Restricted Stock then subject to this Agreement. If any such adjustment shall result in a fractional Share, such fraction shall be disregarded.

  • Equitable Adjustments to Prices Whenever any provision of this Indenture requires the Company to calculate the average of the Last Reported Sale Prices, or any function thereof, over a period of multiple days (including to calculate the Stock Price or an adjustment to the Conversion Rate), or to calculate Daily VWAPs over an Observation Period, the Company will make proportionate adjustments, if any, to such calculations to account for any adjustment to the Conversion Rate pursuant to Section 5.05(A)(i) that becomes effective, or any event requiring such an adjustment to the Conversion Rate where the Ex-Dividend Date or effective date, as applicable, of such event occurs, at any time during such period or Observation Period, as applicable.

  • Adjustments to the Shares The applicable Warrant Exercise Price and the number of Warrant Shares obtainable upon exercise of this Warrant shall each be subject to adjustment from time to time as provided in this Section 4.

  • Adjustments to Payments 11.1 Anything in this Agreement to the contrary notwithstanding, in the event it shall be determined that any payment or distribution by the Company to Executive or for Executive’s benefit (whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise) (the “Payments”) would be subject to the excise tax imposed by Section 4999 (or any successor provisions) of the Code, or any interest or penalty is incurred by Executive with respect to such excise tax (such excise tax, together with any such interest and penalties, is hereinafter collectively referred to as the “Excise Tax”), then the Payments shall be reduced (but not below zero) if and to the extent that such reduction would result in Executive retaining a larger amount, on an after-tax basis (taking into account federal, state and local income taxes and the imposition of the Excise Tax), than if Executive received all of the Payments. The Company shall reduce or eliminate the Payments, by first reducing or eliminating the portion of the Payments which are not payable in cash and then by reducing or eliminating cash payments, in each case in reverse order beginning with payments or benefits which are to be paid the farthest in time from the determination.

  • Adjustments to Prevent Dilution In the event that the Company changes the number of Shares or securities convertible or exchangeable into or exercisable for Shares issued and outstanding prior to the Effective Time as a result of a reclassification, stock split (including a reverse stock split), stock dividend or distribution, recapitalization, merger, issuer tender or exchange offer, or other similar transaction, the Per Share Merger Consideration shall be equitably adjusted.

  • Adjustments to Consideration The number of shares of the Company Series A Preferred Stock shall be adjusted to reflect fully the effect of any reclassification, combination, subdivision, stock split, reverse split, stock dividend (including any dividend or distribution of securities convertible into the Company Series A Preferred Stock), reorganization, recapitalization or other like change with respect to the Company Series A Preferred Stock occurring (or for which a record date is established) after the date hereof and prior to the Effective Time.

  • Adjustments to Number of Shares The number of shares of Common Stock subject to this Option shall be adjusted to take into account any stock splits, stock dividends, recapitalization of the Common Stock as provided in the Stock Option Plan.

  • Adjustments to Purchase Price The Purchase Price shall be adjusted as follows:

  • Adjustments to Capital Accounts At the end of each Fiscal Period, the Capital Accounts of the Partners shall be adjusted in the following manner:

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