Pandemic Adjustment Event Sample Clauses

Pandemic Adjustment Event. If the Consultant considers that there has been a Pandemic Adjustment Event, it must promptly give the Commonwealth's Representative notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Services caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Adjustment Event; the Consultant’s plan to deal with the consequences of the Pandemic Adjustment Event which must as a minimum include details of the steps that the Consultant will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Adjustment Event; and minimise any additional cost to the Commonwealth in respect of the Pandemic Adjustment Event, (Consultant’s Pandemic Adjustment Plan); and such other details or information as the Commonwealth's Representative may require. The Commonwealth's Representative must, within 14 days of receipt of the Consultant’s notice under paragraph (a) notify the Consultant and the Commonwealth of its determination whether a Pandemic Adjustment Event has occurred. Where the Commonwealth's Representative has determined a Pandemic Adjustment Event has occurred, the Commonwealth's Representative may, without being under any obligation to do so, instruct the Consultant as to the course it must adopt insofar as the Services are affected by the Pandemic Adjustment Event. If a Pandemic Adjustment Event occurs: subject to paragraph (f), the Consultant will be entitled to have the Fee increased by the extra costs reasonably incurred by the Consultant: after the giving of the notice under paragraph (a) which arise directly from the Pandemic Adjustment Event or any instruction of the Commonwealth's Representative under paragraph (c); and to the extent such costs were exclusively incurred for the purposes of performing the Services, as determined by the Commonwealth's Representative; and the Consultant must: comply with any direction of the Commonwealth's Representative in relation to the Pandemic Adjustment Event; and subject to any amendments required by the Commonwealth's Representative, implement the Consultant’s Pandemic Adjustment Plan. To the extent permitted by law: the entitlement of the parties in respect of a Pandemic Adjustment Event will be determined solely under this cl...
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Pandemic Adjustment Event. A disruption which has an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Services provided that the: disruption: arises from a change in circumstances relating to the Pandemic first occurring after the Award Date; and is a direct result of the Pandemic; and adverse effect is one which the Consultant could not have avoided or overcome by the taking of all reasonable steps (but without the need to expend additional costs).
Pandemic Adjustment Event. A disruption which has an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Services provided that the: disruption: arises from a change in circumstances relating to the Pandemic first occurring after the Award Date; and is a direct result of the Pandemic; and adverse effect is one which the Consultant could not have avoided or overcome by the taking of all reasonable steps (but without the need to expend additional costs). Personal Information Has the meaning given in the Privacy Act. Planning Phase The period commencing on the Award Date and continuing until the earlier of: if applicable, the date of commencement of the Delivery Phase; if a notice is issued under clause 9.4(b), the date the Planning Phase Services have been completed in accordance with the Subcontract; and the date of termination of the Subcontract. Planning Phase Fee The amount specified in the Subcontract Particulars as adjusted, subject to clause 14.5 (if applicable), under the Subcontract. Planning Phase Services The services described or reasonably to be inferred from the Subcontract as Planning Phase Services, including those Services described in the Brief. Preliminary Design Solution The preliminary design solution (if any) specified in the Subcontract Particulars. Privacy Act The Privacy Act 1988 (Cth).
Pandemic Adjustment Event. A disruption which has an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Services provided that the: disruption: arises from a chance in circumstances relating to the Pandemic first occurring after the Award Date; and is a direct result of the Pandemic; and adverse effect is one which the Consultant could not have avoided or overcome by the taking of all reasonable steps (but without the need to expend additional costs). Payment Times Procurement Connected Policy (or PT PCP) The Payment Times Procurement Connected Policy available at xxxxx://xxxxxxxx.xxx.xx/xxxxxxxxxxx/x0000-000000, as amended from time to time. Personal Information Has the meaning given in the Privacy Act. Privacy Act The Privacy Act 1988 (Cth).
Pandemic Adjustment Event. 8. A bushfire, a flood, an earthquake or a cyclone which directly impacts the carrying out of the Contractor’s Activities. Delay damages: (Clause 10.10) Clause 10.10 [DOES/DOES NOT] apply. (Clause 10.10 applies unless otherwise stated) If clause 10.10 applies: Where there are no Stages, the daily cap on the extra costs reasonably incurred for the Works is: $ per working day If there are Stages, the daily cap on the extra costs reasonably incurred for each Stage is: Stage Maximum delay damages $ per working day $ per working day $ per working day $ per working day Percentage of extra costs reasonably incurred due to acceleration: (Clause 10.14(b)(ii)) [To be inserted following selection of the successful Tenderer] % (5% unless otherwise stated) CLAUSE 11 - VARIATIONS Percentage adjustments for valuing a Variation: (Clauses 11.3(b)(i), 11.3(c)(iii) and 11.6(f)) [To be inserted following selection of the successful Tenderer]% of amount determined for off-site overheads and profit [To be inserted following selection of the successful Tenderer]% of amount determined for non-time related on-site overheads and preliminaries Percentage of wages: (Clause 11.6(b)) [To be inserted following selection of the successful Tenderer]% CLAUSE 12PAYMENT Times for submission of payment claims by the Contractor to the Contract Administrator: (Clause 12.2(a)) Monthly on the day of each month Email address for copy of tax invoice: (Clause 12.5(a)) xxxxxxxx@xxxxxxx.xxx.xx Number of business days for payment: (Clause 12.5(b)) To the extent that the relevant part of the Contractor's Activities is carried out in: 1. Queensland or New South Wales: 5; or 2. any other State or Territory: 10.
Pandemic Adjustment Event. A disruption which has an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Services provided that the: disruption: arises from a change in circumstances relating to the Pandemic first occurring after the Award Date; and is a direct result of the Pandemic; and adverse effect is one which the Consultant could not have avoided or overcome by the taking of all reasonable steps (but without the need to expend additional costs). Personal Information Has the meaning given in the Privacy Act. Planning Phase The period commencing on the Award Date and continuing until the earlier of: if applicable, the date of commencement of the Delivery Phase;
Pandemic Adjustment Event. Delay Damages: (Clause 9.6) Clause 9.6 [DOES/DOES NOT] apply. (Clause 9.6 applies unless otherwise stated) If clause 9.6 applies: Where there are no Stages, the daily cap on the extra costs reasonably incurred for the Subcontract Works is: $ per working day If there are Stages, the daily cap on the extra costs reasonably incurred for each Stage is: Stage Maximum delay damages $ per working day $ per working day $ per working day CLAUSE 11 - PAYMENT Times for submission of payment claims by the Subcontractor to the Contractor's Representative: (Clause 11.2(a)) Monthly on the day of each month Percentage of Retention Moneys: (Clause 11.5(a)) (unless otherwise stated the following retention percentages apply: the Contractor may deduct 10% from each payment until 5% of the Subcontract Price is retained as retention moneys) Email address for copy of tax invoice (Clause 11.5(b)) xxxxxxxx@xxxxxxx.xxx.xx Number of business days for payment: (Clause 11.5(c)) To the extent that the relevant part of the Subcontractor's Activities is carried out in: 1. Queensland or New South Wales: 5; or 2. any other State or Territory: 10. Interest: (Clause 11.11) 1. In the case of damages - the Australian Taxation Office-sourced General Interest Charge Rate current at the due date for payment or such other rate nominated in writing from time to time by the MCC Contract Administrator; or 2. In the case of late payments - the greater of: (a) the rate in paragraph (1); and (b) the rate of interest prescribed under any applicable Security of Payment Legislation.
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Pandemic Adjustment Event. A disruption which has an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Subcontract Services provided that the: disruption: arises from a change in circumstances relating to the Pandemic first occurring after the Award Date; and is a direct result of the Pandemic; and adverse effect is one which the Subconsultant could not have avoided or overcome by the taking of all reasonable steps (but without the need to expend additional costs). Personal Information Has the meaning given in the Privacy Act. Planning Phase The period commencing on the Award Date and continuing until the earlier of: if applicable, the date of commencement of the Delivery Phase; if a notice is issued under clause 9.4(b), the date the Planning Phase Subcontract Services have been completed in accordance with the Subcontract; and the date of termination of the Subcontract. Planning Phase Fee The amount specified in the Subcontract Particulars, as adjusted in accordance with the Subcontract.

Related to Pandemic Adjustment Event

  • Adjustment Events In the event the General Partner (i) declares or pays a dividend on any Class of its outstanding REIT Shares in REIT Shares or makes a distribution to all holders of any Class of its outstanding REIT Shares in REIT Shares, (ii) subdivides any Class of its outstanding REIT Shares, or (iii) combines any Class of its outstanding REIT Shares into a smaller number of REIT Shares with respect to any Class of REIT Shares, then a corresponding adjustment to the number of outstanding Partnership Units of the applicable Class necessary to maintain the proportionate relationship between the number of outstanding Partnership Units of such Class to the number of outstanding REIT Shares of such Class shall automatically be made. Additionally, in the event that any other entity shall become General Partner pursuant to any merger, consolidation or combination of the General Partner with or into another entity (the “Successor Entity”), the number of outstanding Partnership Units of each Class shall be adjusted by multiplying such number by the number of shares of the Successor Entity into which one REIT Share of such Class is converted pursuant to such merger, consolidation or combination, determined as of the date of such merger, consolidation or combination. Any adjustment to the number of outstanding Partnership Units of any Class shall become effective immediately after the effective date of such event retroactive to the record date, if any, for such event; provided, however, that if the General Partner receives a Notice of Redemption after the record date, but prior to the effective date of such dividend, distribution, subdivision or combination, or such merger, consolidation or combination, the number of outstanding Partnership Units of any Class shall be determined as if the General Partner had received the Notice of Redemption immediately prior to the record date for such dividend, distribution, subdivision or combination or such merger, consolidation or combination. If the General Partner takes any other action affecting the REIT Shares other than actions specifically described above and, in the opinion of the General Partner such action would require an adjustment to the number of Partnership Units to maintain the proportionate relationship between the number of outstanding Partnership Units to the number of outstanding REIT Shares, the General Partner shall have the right to make such adjustment to the number of Partnership Units, to the extent permitted by law, in such manner and at such time as the General Partner, in its sole discretion, may determine to be appropriate under the circumstances.

  • Adjustment Event If an adjustment event arises in respect of a taxable supply made by a supplier under the Agreement, the amount payable by the recipient under clause 20.3 will be recalculated to reflect the adjustment event and a payment will be made by the recipient to the supplier or by the supplier to the recipient as the case requires.

  • Notice of Adjustment Event In the event that the Company shall propose to take any action of the type described in this Section 13 (but only if the action of the type described in this Section 13 would result in an adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company shall give notice to the Warrantholder, in the manner set forth in Section 13(J), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.

  • Subsequent Events If, at any time on or after an Applicable Time but prior to the related Settlement Date, any event occurs as a result of which the Registration Statement or Prospectus would include any untrue statement of a material fact or omit to state any material fact necessary to make the statements therein in the light of the circumstances under which they were made or the circumstances then prevailing not misleading, the Company will (i) notify promptly the Manager so that any use of the Registration Statement or Prospectus may cease until such are amended or supplemented; (ii) amend or supplement the Registration Statement or Prospectus to correct such statement or omission; and (iii) supply any amendment or supplement to the Manager in such quantities as the Manager may reasonably request.

  • Announcement Event An Announcement Event shall be an “Extraordinary Event” for purposes of the Equity Definitions, to which Article 12 of the Equity Definitions is applicable. Announcement Event: (i) The public announcement by any entity of (x) any transaction or event that, if completed, would constitute a Merger Event or Tender Offer or (y) the intention to enter into a Merger Event or Tender Offer, (ii) the public announcement by Company of an intention to solicit or enter into, or to explore strategic alternatives or other similar undertaking that may include, a Merger Event or Tender Offer or (iii) any subsequent public announcement by any entity of a change to a transaction or intention that is the subject of an announcement of the type described in clause (i) or (ii) of this sentence (including, without limitation, a new announcement, whether or not by the same party, relating to such a transaction or intention or the announcement of a withdrawal from, or the abandonment or discontinuation of, such a transaction or intention), as determined by the Calculation Agent. For the avoidance of doubt, the occurrence of an Announcement Event with respect to any transaction or intention shall not preclude the occurrence of a later Announcement Event with respect to such transaction or intention. For purposes of this definition of “Announcement Event,” the remainder of the definition of “Merger Event” in Section 12.1(b) of the Equity Definitions following the definition of “Reverse Merger” therein shall be disregarded. Nationalization, Insolvency or Delisting: Cancellation and Payment (Calculation Agent Determination); provided that, in addition to the provisions of Section 12.6(a)(iii) of the Equity Definitions, it will also constitute a Delisting if the Exchange is located in the United States and the Shares are not immediately re-listed, re-traded or re-quoted on any of the New York Stock Exchange, The NASDAQ Global Select Market or The NASDAQ Global Market (or their respective successors); if the Shares are immediately re-listed, re-traded or re-quoted on any of the New York Stock Exchange, The NASDAQ Global Select Market or The NASDAQ Global Market (or their respective successors), such exchange or quotation system shall thereafter be deemed to be the Exchange. Additional Disruption Events: Change in Law: Applicable; provided that (i) Section 12.9(a)(ii) of the Equity Definitions is hereby amended by replacing the parenthetical beginning after the word “regulation” in the second line thereof with the words “(including, for the avoidance of doubt and without limitation, (x) any tax law or (y) adoption or promulgation of new regulations authorized or mandated by existing statute)”, (ii) Section 12.9(a)(ii)(X) of the Equity Definitions is hereby amended by replacing the word “Shares” with the phrase “Hedge Positions”, (iii) Section 12.9(a)(ii)(X) of the Equity Definitions is hereby amended by immediately following the word “Transaction”, adding the phrase “in the manner contemplated by the Hedging Party on the Trade Date” and (iv) Section 12.9(a)(ii)(Y) of the Equity Definitions is hereby amended by replacing the parenthetical beginning after the word “Transaction” with the words “(including, without limitation, due to any increase in tax liability, decrease in tax benefit or other adverse effect on its tax position, imposition or increase of amount of capital required by it or any entity controlling it, or imposition or increase of amount of collateral required or expected to be maintained)”. Failure to Deliver: Not Applicable Insolvency Filing: Applicable Hedging Disruption: Applicable; provided that:

  • FORCE ADJUSTMENT Section 1. In the event that the Company determines that a surplus exists and a decrease in the work force becomes necessary, the Company will first advise the Union in writing prior to notifying the affected employee(s). The affected employee(s) will be notified not less than thirty (30) calendar days prior to the date the employee(s) is to be laid off. In matters involving the surplus of fifty (50) or more employees at a single location, the Company will provide the employees sixty (60) days advance notice of the surplus.

  • Extraordinary Events Regarding Common Stock In the event that the Company shall (a) issue additional shares of the Common Stock as a dividend or other distribution on outstanding Common Stock, (b) subdivide its outstanding shares of Common Stock, or (c) combine its outstanding shares of the Common Stock into a smaller number of shares of the Common Stock, then, in each such event, the Purchase Price shall, simultaneously with the happening of such event, be adjusted by multiplying the then Purchase Price by a fraction, the numerator of which shall be the number of shares of Common Stock outstanding immediately prior to such event and the denominator of which shall be the number of shares of Common Stock outstanding immediately after such event, and the product so obtained shall thereafter be the Purchase Price then in effect. The Purchase Price, as so adjusted, shall be readjusted in the same manner upon the happening of any successive event or events described herein in this Section 4. The number of shares of Common Stock that the Holder of this Warrant shall thereafter, on the exercise hereof as provided in Section 1, be entitled to receive shall be adjusted to a number determined by multiplying the number of shares of Common Stock that would otherwise (but for the provisions of this Section 4) be issuable on such exercise by a fraction of which (a) the numerator is the Purchase Price that would otherwise (but for the provisions of this Section 4) be in effect, and (b) the denominator is the Purchase Price in effect on the date of such exercise.

  • Adjustment of Conversion Price The Conversion Price shall be subject to adjustment from time to time as follows:

  • Adjustment of Conversion Rate The Conversion Rate shall be adjusted from time to time by the Company if any of the following events occurs, except that the Company shall not make any adjustments to the Conversion Rate if Holders of the Notes participate (other than in the case of (x) a share split or share combination or (y) a tender or exchange offer), at the same time and upon the same terms as holders of the Common Stock and solely as a result of holding the Notes, in any of the transactions described in this Section 14.04, without having to convert their Notes, as if they held a number of shares of Common Stock equal to the Conversion Rate, multiplied by the principal amount (expressed in thousands) of Notes held by such Holder.

  • Market Adjustment The parties to this Agreement recognize the appropriateness of market pay adjustments in rare instances for compelling reasons. To effectuate judgments in such cases, the President and AAUP Chapter President, in consultation, shall each name three (3) individuals to a university Market Evaluation Committee. Deans may submit recommendations for market pay adjustments with supporting written reasons to the Committee. Said Committee shall consult with the President concerning proposed market pay adjustments reporting its advice not later than May 15 in each year. Upon the favorable recommendation of the President and the BOR President, market pay adjustments may be approved effective at the beginning of that pay period including September 1 of the following year. Not more than one (1) market pay adjustment per one hundred (100) full-time members, or fraction thereof, may be recommended in any contract year. A member’s salary may not be increased beyond the maximum for the rank. Funding for this program shall be governed by Article 12.10.2.

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