Potential Adjustments Following Pilot Testing Sample Clauses

Potential Adjustments Following Pilot Testing. The parties acknowledge that the results of the pilot testing in certain circumstances may entitle the DBOM Contractor to Uncontrollable Circumstance relief (e.g., actual Sourced Seawater quality is “worse” than the assumed Sourced Seawater quality specified in the Sourced Seawater Quality Parameters in Table 2.3 of Schedule 4 (Design and Construction Requirements)) as described in this Section 6.4, and in other circumstances (e.g., actual Sourced Seawater quality that is “better” than the assumed Sourced Seawater quality specified in the Sourced Seawater Quality Parameters in Table 2.3 of Schedule 4 (Design and Construction Requirements)) may result in BWS determining to change certain requirements including the Enhanced Water Quality Standards or requirements associated with treatment or the Plant’s performance reliability. The DBOM Contractor shall make their post treatment optimal chemical dosage level recommendations consistent with Section 8.5 (Pilot Test Report Evaluation) of Schedule 4 (Design and Construction Requirements). In the event of a proposed changes associated with treatment or the Plant’s performance reliability, the DBOM Contractor shall develop a Change Order proposal for any proposed modifications which shall include price, schedule, performance or other relief based on the proposed change. The parties agree to negotiate any such equitable relief or changes in good faith in accordance with Section 16.1 (Change Procedures).
Sample 1
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Related to Potential Adjustments Following Pilot Testing

  • Final Adjustment After Closing If final bills are not available or cannot be issued prior to Closing for any item being prorated under Section 8.1, then Purchaser and Seller agree to allocate such items on a fair and equitable basis as soon as such bills are available, final adjustment to be made as soon as reasonably possible after the Closing. Payments in connection with the final adjustment shall be due within thirty (30) days of written notice. All such rights and obligations shall survive the Closing.

  • Subsequent Recalculation In the event the Internal Revenue Service adjusts the computation of the Company under Section 5.2 herein so that the Executive did not receive the greatest net benefit, the Company shall reimburse the Executive for the full amount necessary to make the Executive whole, plus a market rate of interest, as determined by the Committee, within 30 days after such adjustment.

  • Rental Adjustment The lesser of (i) 2%, or (ii) 1.25 times the change in the Price Index, as described in Section 4.02.

  • Final Adjustment As soon as practicable, the Company will prepare and deliver to Centerprise a final calculation of Net Working Capital revised to reflect all collections of AR up to the date 180 days from the Closing Date. Centerprise will review such calculation and any records, work papers and other documents related thereto. Within 10 days of receipt of such calculation, Centerprise will deliver to the Member Representative a written report indicating the amount and nature of any adjustment to the Basic Purchase Consideration determined in accordance with Section 2.2.1 (the "Final Adjustment").

  • Annual Adjustment At the end of each Fiscal Year and following receipt by Manager of the annual accounting referred to in Article 10, an adjustment will be made to such annual account, if necessary and if available, so that the appropriate amount shall have been deposited in the Reserve.

  • Mechanical Adjustments The number of Warrant Shares purchasable upon the exercise of each Warrant and the Warrant Price shall be subject to adjustment as follows:

  • Payment and Year-End Adjustment Amounts accrued pursuant to this Agreement shall be payable to the Adviser as of the last day of each month. If necessary, on or before the last day of the first month of each fiscal year, an adjustment payment shall be made by the appropriate party in order that the actual Fund Operating Expenses of a Fund for the prior fiscal year (including any reimbursement payments hereunder with respect to such fiscal year) do not exceed the Maximum Annual Operating Expense Limit.

  • Rental Adjustments 6.1 The Basic Annual Rent then in effect (and as previously increased pursuant to this Section 6.1) shall be increased each year by three percent (3%) on each annual anniversary of the Term Commencement Date for so long as this Lease continues in effect.

  • CPI Adjustment The fixed fees and other fees expressed as stated dollar amounts in this schedule and in the Agreement shall be increased annually commencing on the one-year anniversary date of the Effective Date by the percentage increase since the Effective Date in consumer prices for services as measured by the United States Consumer Price Index entitled "All Services Less Rent of Shelter" or a similar index should such index no longer be published.

  • Annual Adjustments Base Rent shall be increased on each annual anniversary of the first day of the first full month during the Term of this Lease (each an “Adjustment Date”) by multiplying the Base Rent payable immediately before such Adjustment Date by the Rent Adjustment Percentage and adding the resulting amount to the Base Rent payable immediately before such Adjustment Date. Base Rent, as so adjusted, shall thereafter be due as provided herein. Base Rent adjustments for any fractional calendar month shall be prorated.

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