Guaranteed Price. The parties agree that the Guaranteed Price will not be subject to adjustment despite changes in the Work, unless such changes in the Work also constitute a Change in the Scope of the Work as that term is defined in the Contract Documents. The parties further agree that the Guaranteed Price will only be adjusted where the Contract Documents specifically and expressly refer to an adjustment to the Guaranteed Price and no claim for an adjustment to the Guaranteed Price on any legal or equitable basis outside of the specific and express rights to an adjustment of the Guaranteed Price set out in the Contract Documents will be allowed. In order to be effective, any permitted adjustment to the Guaranteed Price must be provided for in a Change Order under GC 6.2 – CHANGE ORDER.
Guaranteed Price. 6.1 The Guaranteed Price is $19,453,697 which excludes Value Added Taxes, and is equal to the sum of the Cost of the Work and the Cost of the Financing. The Guaranteed Price will only be adjusted as set out in GC 6.2 – CHANGE ORDER.
Guaranteed Price. “Guaranteed Price” shall mean the amount equal to the lesser of (i) actual, audited Allowable Development Costs for the Project incurred through Completion, and (ii) the sum of (A) total project costs as shown in the Project Budget plus (B) the aggregate cost of change orders initiated by the Owner, if any, on its own behalf and not as a result of any change order requested by Developer, under the last paragraph of Section 2.15. Owner shall have the right from time to time and no later than one hundred twenty (120) days following Completion to audit or have audited by independent accountants all actual costs associated with the Project, including, without limitation, Allowable Development Costs. Developer shall cooperate with any such audit, including, without limitation, by providing access to all books and records related to the Project. In no event (including, without limitation, on account of any Event of Force Majeure) shall Owner, any of its Members, Construction Lender or any other person or entity have any obligation to pay to Developer or any of its Affiliates any amount that would cause the aggregate amount received by Developer or any of its Affiliates under this Agreement, the Joint Venture Agreement, or any other agreements between the aforementioned parties, including, without limitation, through advances under the Construction Loan, to exceed the Guaranteed Price.
Guaranteed Price. If Seller or a Stockholder, or any family foundation to which a Stockholder or Seller has transferred shares of Group 1 Common Stock, sells any of the Group 1 Common Stock received by such Stockholder or Seller pursuant to this Agreement at the Closing as part of the Closing Payment for a per share price of less than twelve dollars ($12.00), subject to adjustment for stock splits and stock dividends, Group 1 shall pay, within 30 days after such sale, in cash the difference between the purchase price for shares sold and the price such Stockholder, Seller or family foundation, as the case may be, would have received if the shares were sold at $12.00 per share, subject to adjustment for stock splits and stock dividends; provided, that this Section 7.10 shall only apply to sales (i) occurring after the expiration of the Restricted Period and (ii) made in the public market; and provided, further that this Section 7.10 shall terminate on the date 10 years after the Closing Date.
Guaranteed Price. (i) In the event Shareholder makes a Permitted Transfer pursuant to Section 1(b)(i) above during the period from the Closing Date to the first anniversary of the Closing Date in a bona fide, arm's length transaction at a gross price per share below the Guaranteed Price, and the average closing price per share of the Common Stock as quoted on the NYSE for the trading days from the Closing Date to the trading day preceding such sale is below the Guaranteed Price then, after its receipt of written notice from Shareholder of such sale, which notice shall include evidence reasonably satisfactory to Parent of the gross price per Share received by Shareholder in such sale (the "DISPOSITION PRICE"), Parent shall pay Shareholder, in immediately available funds, an amount equal to (A) the Guaranteed Price, LESS (B) the Disposition Price, MULTIPLIED BY (C) the number of Shares disposed of in such sale.
Guaranteed Price. (i) CUC shall pay Contractor for the performance of the Work the total sum of Twenty-One Million Six Hundred Thousand Dollars ($21,600,000) ("Guaranteed Price") payable in one hundred and twenty (120) consecutive, equal monthly installments of One Hundred Eighty ($180,000), each represented by a separate promissory note in accordance with Section 6.1.2, and each payable on the last day of each month, commencing with the first month that follows the date of Substantial Completion.
Guaranteed Price. If an Owner sells any of the Group 1 Common Stock received by such Owner pursuant to this Agreement for a per share price of less than fourteen dollars ($14.00), subject to adjustment for stock splits and stock dividends, Group 1 shall pay in cash the difference between the purchase price for shares sold and the price such Owner would have received if the shares were sold at $14.00 per share, subject to adjustment for stock splits and stock dividends; provided, that this Section 7.6 shall only apply to sales (i) occurring after the expiration of the Restricted Period and (ii) made in the public market; and provided, further that this Section 7.6 shall terminate on the date six years after the expiration of the Restricted Period.
Guaranteed Price. 3.1 Guaranteed Price and Adjustments (a) Project Co represents and warrants that the Guaranteed Price, exclusive of HST, is $301,189,863, and is equal to the sum of the Cost of the Works and the Cost of the Financing. The Cost of the Works and the Cost of the Financing are as set out in the Financial Model.
Guaranteed Price. 6.1 The Guaranteed Price is [REDACTED] which excludes Value Added Tax, and is equal to the sum of the Cost of the Work and the Cost of the Financing. The Guaranteed Price will only be adjusted as set out in GC 6.2 – CHANGE ORDER.
Guaranteed Price. 6.1 The Guaranteed Price is [DELETED]. The Guaranteed Price will only be adjusted as set out in GC 6.2 – CHANGE ORDER.
