Extraordinary Rate Adjustment. The Contractor may petition the County at any time for an additional rate adjustment on the basis of extraordinary or unusual changes in the cost of operations that could not reasonably be foreseen by a prudent operator such as could result from a change in law. The Contractor's request shall contain substantial evidence and justification, as determined by the Contract Administrator, to support the need for the rate adjustment. The County may request from the Contractor, and the Contractor shall provide, all information as may be reasonably necessary in making its determination. The County Board may approve or deny the request, in whole or in part, after receipt of the request and all supporting information required by the County.
Extraordinary Rate Adjustment. Contractor may request an adjustment to the rates at other times to provide for the reimbursement of unusual increased costs of providing service under this Agreement, to the extent not included within the annual rate adjustment provided in Section 9.2. Unusual increased costs may include changes in service mandated by the City, changes to the Calabasas Municipal Code affecting Contractor’s operations, increases in franchise fees imposed by the City, changes in state or local government solid waste fees and charges, or changes in the law, but shall not include circumstances within the control of Contractor, such as changes in the purchase price of new equipment, or negotiation of wage and benefit increases in connection with a collective bargaining agreement. For each request, Contractor must prepare a schedule documenting the extraordinary costs. The request shall be prepared in a form acceptable to the City Manager with support for all assumptions made by Contractor in preparing the estimate. The City Council shall review Contractor’s request and, in its reasonable judgment, make the final determination on the appropriate amount of the adjustment, if any, within sixty (60) days of receipt of Contractor’s request.
Extraordinary Rate Adjustment. The Contractor may petition the Authority at any time for an additional rate adjustment on the basis of extraordinary and unusual changes in the cost of operations that could not reasonably be foreseen by a prudent operator. The Contractor's request shall contain substantial proof and justification, as determined by the Contract Administrator, to support the need for the rate adjustment. The Authority may request from the Contractor, and the Contractor shall provide, such further information as may be reasonably necessary in making its determination. The Authority Board, in its sole discretion, may approve or deny the request, in whole or in part, within 120 days of receipt of the request and all other additional information required by the Authority.
Extraordinary Rate Adjustment. The CITY and CONTRACTOR are entitled to 967 seek an adjustment of rates at any time during an Agreement Year should one or more 968 of the following extraordinary events occur and, after considering offsetting effects of other 969 events or trends on revenues or expenses, such event or events shall ca u se —or be 970 reasonably projected to cause—a material change in CONTRACTOR’S total operating costs or 971 Gross R evenues, or a combination thereof. If the Extraordinary Adjustment is requested in 972 conjunction with the annual rate adjustment described in Section 4.02, the increase or decrease 973 in Maximum Service Rates approved for the next Agreement Year attributable to the 974 extraordinary adjustment shall be calculated retroactively from the date on which the 975 CONTRACTOR’s costs increase or decrease due to the event giving rise to the extraordinary 976 adjustment.
Extraordinary Rate Adjustment. A. Once each Operating Year, before April 1, the Contractor may petition the City Manager for a Rate adjustment on the basis of extraordinary or unusual changes in the cost of its operations that could not reasonably be foreseen by a prudent Person. Contractor’s petition shall contain a detailed justification for the Rate adjustment. Among other things, the Contractor's petition shall include an audited statement of Contractor's historical and current expenses, demonstrating that Contractor has incurred an extraordinary increase in Contractor's costs due to factors beyond the Contractor's control, which have occurred through no fault or negligence of the Contractor. The audited statement shall be prepared by a certified public accountant that is licensed in the State of Texas and not an employee of the Contractor or its affiliates. At its expense, the City may audit the Contractor's records to evaluate the Contractor's request. The City Manager may request, and upon request, the Contractor shall provide, all of the information that is reasonably necessary for the City Manager to evaluate the Contractor's petition. After receiving the requested information, the City Manager shall place the Contractor’s petition and the City Manager’s recommendations on the agenda for one of the Council’s public meetings. The Contractor shall be given a reasonable opportunity at the Council’s meeting to explain the basis for its petition.
Extraordinary Rate Adjustment. The DISTRICT and CONTRACTOR are entitled to seek an adjustment of rates at any time should one or more of the following extraordinary events occur and, after considering offsetting effects of other events or trends on revenues or expenses, such event or events shall c aus e —or be reasonably projected to cause—a material change in CONTRACTOR’S total operating costs or gross r evenues, or a combination thereof. If the Extraordinary Adjustment is requested in conjunction with the annual rate adjustment described in Section Error! Reference source not found., the increase or decrease in Maximum Service Rates approved for the next Agreement Year attributable to the extraordinary adjustment shall be calculated retroactively from the date on which the CONTRACTOR’s costs increase or decrease due to the event giving rise to the extraordinary adjustment.
