Alternative Pricing a. [CONFIDENTIAL TREATMENT REQUESTED]/*/. Notwithstanding the foregoing, during and after the termination of [CONFIDENTIAL TREATMENT REQUESTED]/*/, in the event that LABCORP (including its Affiliates) [CONFIDENTIAL TREATMENT REQUESTED]/*/. In addition, during any period of time during the Term of this Agreement in which LABCORP [CONFIDENTIAL TREATMENT REQUESTED]/*/ on a future date.
Alternative Pricing. (a) If a change in Applicable Law requires Xxxxx R&M to make capital expenditures or change its operating procedures in a manner that directly results in a material increase in the cost of providing the Services and Supplies hereunder, then upon the written request of Xxxxx R&M the parties shall meet to negotiate in good faith an equitable adjustment or adjustments to the pricing of Services and Supplies hereunder (or an adjustment to the rents payable under the Xxxxx Complex Ground Lease and/or the Ancillary Equipment Site Lease, respectively, with respect to the provision of potable water or sanitary sewage service); provided, however, that no such adjustment or adjustments shall -------- ------- become effective unless or until Xxxxx R&M has demonstrated to the satisfaction of the Xxxxx Company (and such other parties as required under the Financing Documents) that such adjustment or adjustments shall not (i) have a material adverse effect on the ability of the Xxxxx Company to pay its Senior Debt Obligations when they become due or payable and (ii) become effective until approved by the Independent Engineer.
Alternative Pricing. Pinnacle may at any time and from time to time request a firm quote for all or a portion of the Services provided during the Normal Term, in which event Packaging shall offer to provide such Services to Pinnacle at a price determined either (i) by the mutual agreement of Packaging, Pinnacle and Performance or (ii) if they do not agree, by the Board of Packaging. At Pinnacle's option, the quoted price may be substituted for the Variable Price for the project quoted.
Alternative Pricing. If, during any six-Month period during which the Regular Price is in effect under this Article 10, the average volume of sales of Maya at the Regular Price under contracts with non-Affiliated buyers (including Buyer) pursuant to which such buyers have the right to terminate upon prior notice to Seller of three Months or less is below 200,000 BPD, or if the average number of such non-Affiliated buyers of Maya at the Regular Price has been less than three per Month, then Seller shall so notify Buyer within fifteen (15) Days following the end of such six-Month period, and the parties shall meet promptly thereafter to discuss and agree on whether an alternative pricing formula which meets the same objective that the price of Maya hereunder be market-related is required and, if so, the specifics of such alternative pricing formula. It is expressly understood and agreed in this regard that (i) it is not the intention of the parties that Maya be the most competitive crude oil for the Refinery at all times, that the pricing mechanism for Maya respond to short-term variations in the price of other crudes, or that the profitability of the Refinery be guaranteed in any way through the price of Maya (other than pursuant to Part IV) and (ii) the parties shall apply the methodology set out in Annex 7 in determining the need for and specifics of an alternative pricing formula. In the event that the parties are unable to reach agreement within sixty (60) Days following such six-Month period, then the parties shall, within thirty (30) Days following such sixty-Day period, submit the matter to arbitration pursuant to Article 31.2. In such arbitration, each party shall submit its proposed pricing mechanism, and the arbitration panel shall select one or the other of the parties' proposals. Any alternative pricing mechanism established pursuant to this Article 10.2 shall be effective as of the beginning of the first Month of such six-Month period referred to above. During any period necessary to establish an alternative pricing mechanism, the price of Maya sold and delivered hereunder shall remain the Regular Price. Any underpayment or overpayment in respect of the six-Month period and the period necessary to establish an alternative pricing mechanism, shall be settled through adjustment to the price of Maya over the three Months following the Month in which the alternative mechanism is established.
