Alternative Pricing Clause Samples
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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.
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 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 ▇▇▇▇▇ 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 ▇▇▇▇▇ 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 ▇▇▇▇▇ 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 ▇▇▇▇▇ R&M has demonstrated to the satisfaction of the ▇▇▇▇▇ 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 ▇▇▇▇▇ Company to pay its Senior Debt Obligations when they become due or payable and (ii) become effective until approved by the Independent Engineer.
(b) In the event that either party hereto determines in good faith judgment that the provisions set forth under the heading "Applicable Price" on the Schedule relating to any Service or Supply hereunder does not accurately reflect the actual cost of providing such Service or Supply (for any reason other than a change in Applicable Law), then upon written request of such party the parties shall meet to negotiate in good faith an equitable adjustment or adjustments to the pricing of such Services or Supply to reflect the actual cost of providing such Service or Supply (and to preserve the profit component, if any, of such price); provided, however, that such adjustment or adjustments -------- ------- shall not (i) have a material adverse effect on the ability of the ▇▇▇▇▇ Company to pay its Senior Debt Obligations when they become due or payable and (ii) become effective until approved by the Independent Engineer.
(c) To the extent that any expansion of operations of ▇▇▇▇▇ R&M at the Refinery (including, without limitation, the operation of the existing ▇▇▇▇▇ R&M cokers after the Start-up Date) causes the Applicable Price of any Service to be provided pursuant to Sections 5.5 or 5.6 to increase, ▇▇▇▇▇ R&M shall reduce the amounts charged the ▇▇▇▇▇ Company for such Service so that the Applicable Price of such Service shall conform to the pricing that ...