Variable Prices Sample Clauses
The Variable Prices clause establishes that the prices for goods or services under the agreement may change over time rather than remaining fixed. Typically, this clause outlines the conditions or mechanisms by which prices can be adjusted, such as linking changes to market indices, supplier costs, or periodic reviews. By allowing for price adjustments, the clause helps both parties manage the risks associated with fluctuating costs and ensures that the contract remains fair and sustainable throughout its duration.
Variable Prices. Where the Variable Price Plan applies, we can change our prices at any time by giving you 30 days’ notice in writing.
Variable Prices. In addition to the Fixed Cost Payments, Pinnacle shall pay a Variable Price for Services if and to the extent such Services are requested by Pinnacle and rendered by Packaging during the Normal Term. The Variable Price shall be computed using the Variable Price List, except that:
(i) Beginning on the first anniversary of the start of the Normal Term, and continuing on each anniversary thereafter, the Variable Prices set forth on the Variable Price List shall be adjusted to reflect changes in the wage rates at Packaging and changes in efficiency in performing the Services set forth on the Variable Price List. The adjusted prices set forth in the Variable Price List shall be determined either (x) by the mutual agreement of Packaging, Pinnacle and Performance, or (y) if they do not so agree, by the Board of Packaging.
(ii) If all or any of the Services provided by Packaging to Pinnacle are different from those included in the Variable Price List, the Variable Price for such different Services shall be the amount determined either (x) by agreement among Packaging, Pinnacle and Performance or (y) if they do not so agree, by the Board of Packaging. The parties hereto agree that it is intended that the Variable Prices for such different Services shall be based on the methodology set forth on Schedule B hereto and shall not be treated as an opportunity to increase the profits of Packaging in excess of the amount of profits which may result from application of such methodology.
(iii) If the Services requested by Pinnacle are not able to be provided by Packaging using the Initial Equipment on Hand, the Initial Expansion Equipment and the Additional Expansion Equipment because that equipment is not the right type of equipment to provide such Services, but the Services requested by Pinnacle are able to provided by Packaging using Non-Fixed Cost Capacity Equipment, then Packaging shall 10 offer such Services to Pinnacle at a cost to be agreed upon by Pinnacle and Packaging that may be different from the variable price set forth on the Variable Price List.
(iv) If the Normal Term is extended, any changes in the Variable Prices during the extended term will be determined before the start of the extended term by either (x) the mutual agreement of Packaging, Performance and Pinnacle on a basis consistent with the amount initially set for the Variable Prices during the Normal Term, or (y) if Packaging, Performance and Pinnacle do not agree on such Variable Prices, the Varia...