POTENTIAL RATE CONSTRAINTS Clause Samples

The Potential Rate Constraints clause sets limits on the rates that can be charged or applied under an agreement. In practice, this clause may specify maximum or minimum rates for services, interest, or fees, and can outline conditions under which these rates may be adjusted or reviewed. Its core function is to provide predictability and protect parties from unexpected or excessive rate changes, thereby managing financial risk and ensuring fairness in the contractual relationship.
POTENTIAL RATE CONSTRAINTS. The Parties recognize that, as of the date this Agreement is entered into, there is no authoritative judicial determination of whether Articles 13.C and D of the California Constitution apply to charges imposed by private enterprises for Solid Waste handling and Recycling services when those charges are regulated by a local government. Until such authoritative judicial guidance is available, County intends to provide notice of proposed rate increases, and an opportunity for public hearing and protest as required by Article 13.D. County will not be in default of this Agreement if: A. A majority protest prevents a proposed rate increase from being adopted, B. A court rules that Rates adopted by County are not consistent with Article 13.D, or C. An initiative reduces Rates from those in effect. After any such event, the Parties shall promptly meet and confer in good faith to consider modifications to service levels commensurate with the Rates that Contractor may legally charge.
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POTENTIAL RATE CONSTRAINTS. The Parties recognize that, as of the date this agreement is entered into, there is no authoritative judicial determination of whether Articles 13.C and D (Proposition 218) of the California Constitution apply to charges imposed by private enterprises for solid waste handling and recycling services when those charges are regulated by a local government. Until such authoritative judicial guidance is available, County intends to provide notice of proposed rate increases, and an opportunity for public hearing and protest as required by Article 13.D, except as specifically exempted under Article 13.D. County will not be in default of this agreement if: A. A majority protest prevents a proposed rate increase from being adopted, B. A court rules that rates adopted by County are not consistent with Article 13.D, or C. An initiative reduces rates from those in effect. After any such event, the Parties shall promptly meet and confer in good faith to consider modifications to service levels and/or reductions in the franchise fee and other governmental fees and charges, commensurate with the rates that Contractor may legally charge. If County and Contractor are unable to reach agreement about such a modification or reduction, then Contractor may terminate this agreement upon two hundred and seventy (270) calendar days prior written notice to County, in which case Contractor and County shall each be entitled to payment of amounts due for contract performance through the date of termination but otherwise will have no further obligation to one another pursuant to this agreement after the date of such termination.
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POTENTIAL RATE CONSTRAINTS. The Parties recognize that, as of the date this agreement is entered into, there is no authoritative judicial determination of whether Articles 13C and D (Proposition 218) of the California Constitution apply to charges imposed by private enterprises for solid waste handling and recycling services when those charges are regulated by a local government. Until such authoritative judicial guidance is available, County intends to provide notice of proposed rate increases, and an opportunity for public hearing and protest as required by Article 13D, except as specifically exempted under Article 13D. County will not be in default of this agreement if: A. A majority protest prevents a proposed rate increase from being adopted, or B. A court rules that rates adopted by County are not consistent with Article 13D.
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POTENTIAL RATE CONSTRAINTS. A. The Parties recognize that, as of the date this agreement is entered into, there is no authoritative judicial determination of whether Articles 13C and D (Proposition 218) of the California Constitution apply to charges imposed by private enterprises for solid waste handling and recycling services when those charges are regulated by a local government. Until such authoritative judicial guidance is available, County intends to provide notice of proposed rate increases, and an opportunity for public hearing and protest as required by Article 13D, except as specifically exempted under Article 13D. County will not be in default of this agreement if: 1. A successful majority protest under the provisions of Article 13D prevents a proposed rate increase from being adopted, or 2. A court of competent jurisdiction or other regulatory agency rules that rates adopted by County are not consistent with Article 13D. B. The Parties further recognize that various rates and fees may be subject to the provisions of Article 13A of the California Constitution (Proposition 13) and its implementing legislature. The timeframe for any action concerning the adjustment of the rates by either Party shall be adjusted as necessary to comply with such requirements. C. In the event of a lawsuit or other proceeding challenging rates, County will have no obligation to defend such lawsuit or other proceeding based on the rates or that otherwise addresses any portion of the rates. Contractor may, at Contractor’s sole cost and expense, elect to defend any such lawsuit or other proceeding and, if so, shall indemnify and hold County harmless as provided in Section 14.01.
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POTENTIAL RATE CONSTRAINTS. A. The Parties recognize that, as of the date this Agreement is entered into, there is no authoritative judicial determination of whether Articles XIIIC and D (Proposition 1. A successful majority protest under the provisions of Proposition 218 process prevents a proposed rate increase from being adopted, or 2. A court of competent jurisdiction rules that rates adopted by County are not consistent with Article 13D. B. The Parties further recognize that various rates and fees may be subject to the provisions of Article 13A of the California Constitution (Proposition 13) and its implementing legislature. The timeframe for any action concerning the adjustment of the rates by either Party shall be adjusted as necessary to comply with such requirements.
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POTENTIAL RATE CONSTRAINTS. A. The Parties recognize that, as of the date this agreement is entered into, there is no authoritative judicial determination of whether Articles 13C and D (Proposition 218) of the California Constitution apply to charges imposed by private enterprises for solid waste handling and recycling services when those charges are regulated by a local government. Until such authoritative judicial guidance is available, County intends to provide notice of proposed rate increases, and an opportunity for public hearing and protest as required by Article 13D, except as specifically exempted under Article 13D. County will not be in default of this agreement if: 1. A successful majority protest under the provisions of Proposition 218 process prevents a proposed rate increase from being adopted, or 2. A court of competent jurisdiction rules that rates adopted by County are not consistent with Article 13D. B. The Parties further recognize that various rates and fees may be subject to the provisions of Article 13A of the California Constitution (Proposition 13) and its implementing legislature. The timeframe for any action concerning the adjustment of the rates by either Party shall be adjusted as necessary to comply with such requirements.
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POTENTIAL RATE CONSTRAINTS. The parties recognize that, as of the date this Agreement is entered into, there is no authoritative judicial determination of whether Articles 13.C and D of the California Constitution apply to charges imposed by private enterprises for solid waste handling and recycling services when those charges are regulated by a local government. Until such authoritative judicial guidance is available, the Agency intends to provide notice of proposed rate increases, and an opportunity for public hearing and protest as required by Article 13.D. The Agency will not be in default of this Agreement if (i) a majority protest prevents a proposed rate increase from being adopted, (ii) a court rules that rates adopted by the Agency are not consistent with Article 13.D, or (iii) an initiative reduces rates from those in effect. After any 2909 such event, the parties shall promptly meet and confer in good faith to consider modifications to 2910 service levels commensurate with the rates that Contractor may legally charge.
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Related to POTENTIAL RATE CONSTRAINTS

  • Presentation of Potential Target Businesses The Company shall cause each of the Initial Shareholders to agree that, in order to minimize potential conflicts of interest which may arise from multiple affiliations, the Initial Shareholders will present to the Company for its consideration, prior to presentation to any other person or company, any suitable opportunity to acquire an operating business, until the earlier of the consummation by the Company of a Business Combination or the liquidation of the Company, subject to any pre-existing fiduciary obligations the Initial Shareholders might have.

  • Entire Agreement, Severability and Force Majeure This Agreement contains the entire agreement between Issuer and Escrow Agent regarding the Escrow Account. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Furthermore, no party shall be responsible for any failure to perform due to acts beyond its reasonable control, including acts of God, terrorism, shortage of supply, labor difficulties (including strikes), war, civil unrest, fire, floods, electrical outages, equipment or transmission failures, internet interruptions, vendor failures (including information technology providers), or other similar causes.

  • Errors, Questions, and Complaints a. In case of errors or questions about your transactions, you should as soon as possible contact us as set forth in Section 6 of the General Terms above. b. If you think your periodic statement for your account is incorrect or you need more information about a transaction listed in the periodic statement for your account, we must hear from you no later than sixty (60) days after we send you the applicable periodic statement for your account that identifies the error. You must: 1. Tell us your name; 2. Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and, 3. Tell us the dollar amount of the suspected error. c. If you tell us orally, we may require that you send your complaint in writing within ten (10) Business Days after your oral notification. Except as described below, we will determine whether an error occurred within ten (10) Business Days after you notify us of the error. We will tell you the results of our investigation within three (3) Business Days after we complete our investigation of the error, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Eligible Transaction Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Eligible Transaction Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. We may revoke any provisional credit provided to you if we find an error did not occur.

  • Continuing Nature of this Agreement; Severability Subject to Section 6.04, this Agreement shall continue to be effective until the Discharge of Senior Obligations shall have occurred. This is a continuing agreement of Lien subordination, and the Senior Secured Parties may continue, at any time and without notice to the Second Priority Representatives or any Second Priority Debt Party, to extend credit and other financial accommodations and lend monies to or for the benefit of the Company or any Subsidiary constituting Senior Obligations in reliance hereon. The terms of this Agreement shall survive and continue in full force and effect in any Insolvency or Liquidation Proceeding. Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall not invalidate the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. The parties shall endeavor in good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.

  • Other Methods of Procurement of Consultants’ Services The following table specifies the methods of procurement, other than Quality and Cost-based Selection, which may be used for consultants’ services. The Procurement Plan shall specify the circumstances under which such methods may be used. (a) Quality-based Selection (b) Selection under a Fixed Budget