Subsequent Determinations Clause Samples
The "Subsequent Determinations" clause establishes a process for addressing new decisions, findings, or requirements that arise after an agreement has been executed. Typically, this clause outlines how the parties will handle changes in law, regulatory rulings, or other authoritative determinations that impact their contractual obligations. For example, if a government agency issues a new regulation affecting the contract's subject matter, this clause may require the parties to renegotiate certain terms or adjust their performance accordingly. Its core practical function is to provide a mechanism for adapting the contract to evolving legal or regulatory landscapes, thereby reducing uncertainty and ensuring continued compliance.
Subsequent Determinations. If the Internal Revenue Service subsequently and finally determines that the amount of compensation and benefits (including after the reduction applied under Section 3.4(a)) will result in the imposition of Excise Taxes, the Executive will immediately remit an additional amount to the Change Entity equal to the difference between the amount paid (other than the Welfare Benefit Replacement Cost and those amounts described in Sections 5.7 and 5.11) and the minimum amount necessary to avoid the imposition of Excise Taxes.
Subsequent Determinations. The head of the contracting activity shall make subsequent determinations, after consultation with the cognizant comp- troller, as the operational area evolves into either a more stable or less stable environment.
(i) If the head of the contracting ac- tivity determines that the operational area has evolved into a more stable en- vironment, the contracting officer shall notify, by issuance of a contract modification, each contractor per- forming in the operational area under review. The modification deactivates clause 252.232–7011 and activates the ap- plicable FAR Prompt Payment clause in the contract.
(ii) If after deactivation of clause 252.232–7011, the head of the contracting activity subsequently determines that the operational area has evolved into a less stable environment, the head of the contracting activity will make a determination that conditions exist that limit normal business operations. The contracting officer will then reac- tivate clause 252.232–7011 by issuance of a contract modification. [75 FR 40713, July 13, 2010, as amended at 76 FR 11373, Mar. 2, 2011] DoD policy is to assist small business concerns by paying them as quickly as possible after invoices and all proper documentation, including acceptance, are received and before normal pay- ment due dates established in the con- tract (see 232.906(a)). [76 FR 23506, Apr. 27, 2011]
Subsequent Determinations. If, after notice of termination of this Agreement, it is determined for any reason that the Contractor was not in default, or that default was excusable, or that the Authority's termination of this Agreement was wrongful, in any such event, any termination of this Agreement shall be converted to a Termination for Convenience under Section 7.i (Termination for Convenience) hereunder, and the Contractor's sole and exclusive remedy for such wrongful termination shall be limited to the recovery permitted under said Section 7.i (Termination for Convenience).
Subsequent Determinations. The parties shall agree on new Initial Purchase Prices for each subsequent calendar half-year at least ninety (90) days prior thereto, based upon Anthra's good faith estimation, determined in accordance with its regular budgeting process, of its weighted average unit Net Sales price for such calendar half-year, but in no event less than the floor price for the Product under Article 7.1 and Exhibit 7.1. Should the parties not reach an agreement for any such calendar half-year on such Initial Purchase Price, the Initial Purchase Price for the applicable calendar half-year shall be the weighted average unit Net Sales Price of the calendar half-year ending six (6) months prior thereto. Leiras agrees to invoice Anthra promptly upon shipment of the Product.