Adjustment Process. (i) Notwithstanding anything herein to the contrary, for purposes of this Section 2.6(c), the terms “Cash Amount Adjustments” and “Closing Cash Amount” shall be deemed to exclude the adjustments under Section 2.6(a)(v), which shall instead be determined in accordance with Section 2.6(b) above and adjusted at the Closing.
Adjustment Process. The annual adjustment of the Fair Share School Impact Mitigation Payments shall be accomplished in the manner and in accordance with the procedure set forth in the Annual Adjustment Analysis and this Subsection. On or about November 15 of each year, commencing with calendar year 2001 2003, Xxxx shall prepare and submit to Developer an Annual Adjustment Analysis for the subsequent calendar year, which shall specify the adjustments made in accordance with Subsections (a) through (c) above. The Annual Adjustment Analysis calculates the proposed Fair Share School Impact Mitigation Payments to be applicable effective January 1 of the next succeeding calendar year. Upon Developer’s request at any other reasonable time, Xxxx shall meet with Developer to review and discuss the Annual Adjustment Analysis not later than December 10 of each year. Xxxx shall take into account any information provided by Developer with respect to the Annual Adjustment Analysis, either before or after completion of the Annual Adjustment Analysis, in determining adjustment of the Fair Share School impact Mitigation Payments. Any disputes between Developer and Xxxx with respect to the Annual Adjustment Analysis not resolved to each Party’s satisfaction shall be resolved in accordance with Section 21 of this Agreement, but only after either Xxxx or Developer determines that no other alternative is feasible. Pending such resolution, any revised Fair Share School Impact Mitigation Payments that become due may be paid under protest and, if any amount subsequently is determined to have been improperly applied by Xxxx, Xxxx shall return such additional amount to Developer with interest at the average rate paid by the Los Angeles County Local Agency Investment Fund accruing from the date of payment to the date of repayment by Xxxx to Developer.
Adjustment Process. On the date which is seven (7) business days prior to the scheduled Closing Date, Seller shall deliver to Purchaser an estimate of the adjustments to the Purchase Price described above, together with any additional backup information reasonably requested by Purchaser. As soon as practical, Seller and Purchaser shall cooperate in preparing and reaching a Closing settlement, accounting for any additional credits or debits between the parties as necessary to carry out the intent of this Agreement, including the general principles regarding the Purchase Price described above and that from and after the Closing date, the expenses incurred from the operation of the Assets shall be charged to Purchaser, and before the Closing date such sums shall be borne by the Seller.
Adjustment Process. The has the option to trigger a mid-term adjustment process only for Prices of sockeye, pinks and bright chums as set out in Article Section The following process applies: The and the will jointly name a by November The mediator arbitrator will participate in a joint market review process during The must notify the union by May if the adjustment process will be exercised. If there is no notification, all Minimum Prices shall remain in full force and effect. Once the has properly notified the union, negotiations will take place with the involvement of the mediator/ arbitrator and will continue through the season until agreement is reached or a final arbitration decision is made. Arbitration decision dates are July July and August for sockeye, pink and chum, and October for chum only. On each of these dates the Arbitrator has the option to set only the same Minimum Prices as are in Article Section or a lower Minimum Price based on market conditions and submissions by the parties. Any price set by the arbitrator will apply for fish purchased the arbitration date and until the next arbitration date, or until the parties agree on a different Minimum Price.
Adjustment Process. In the event the Company plans to eliminate positions due to technological change; or reorganization of operations as a result of change in processes; or permanent closure, consolidation, or rail-line abandonment; or contracting out work normally done by employees who are members of the bargaining unit; any of which results in the permanent layoff of employees, the Company shall give the Union and the employees a minimum of calendar days notice of such. The notice to the Union referred to above shall be in writing and shall state:
Adjustment Process. The Agreement shall not be subject to rise and fall, except as indicated in clause 25. Subject to clause 25.2, on each anniversary of the Commencement Date each –
Adjustment Process. The Operator will track Annual Facilities Expenditures and quarterly, based on the Municipality’s fiscal year, shall provide the Municipality with a year-to-date report on the preceding quarter, no later than the 20th day after the beginning of the next quarter. . If, at any point during the Municipality’s fiscal year, the actual Annual Facilities Expenditures incurred to that point exceed the year-to-date Budgeted Annual Facilities Expenditures, the Operator will provide notice to Municipality of such exceedance. Thereafter at fiscal year end, the Operator shall undertake an Adjustment Process such that any portion of the Budgeted Annual Facilities Expenditures that has not been spent at the end of each Agreement Year will be reimbursed to the Municipality within sixty (60) days following the end of the Municipality’s fiscal year. Similarly, if actual Annual Facilities Expenditures exceed the Budgeted Annual Facilities Expenditures amount at year end, such exceedance shall be billed by Operator to Municipality and paid within sixty (60) days.
Adjustment Process. The Party Contributions shall be updated every two years starting with the year 2019 for the 2020 budget in accordance with the procedure described in Exhibit D, which is attached hereto and incorporated herein by reference. Annual Party Contributions will be determined by the process described in Exhibit D. The population numbers used to calculate annual Party Contributions will be those most recently certified by the Minnesota State Demographer. The Estimated Market Values of Improvements will be those most recently certified by the relevant County Auditors for the Members’ respective jurisdictions. Fire Calls will be those reported to the National Fire Incident Reporting System by the Northfield Area Fire and Rescue Service (NAFRS) and occurring in the NAFRS service area.
Adjustment Process. A minimum Resource Baseline and a maximum Resource Baseline for each Resource Category described in Section 2.1 through 2.5 above is set forth in Attachment C-2.
Adjustment Process. The process for making adjustments shall be determined through mutual agreement and in accordance with the applicable laws and regulations. The parties shall engage in good faith negotiations to reach a mutually acceptable solution. In case, the value of the Share Consideration is below US$7,400,000, more stock shall be issued. In case the value of The Property is below US$7,400,000, a greater ownership interest in the property shall be transfer to ABVC; provided, however, that in no event that the Shares issued to ZHONGHUI shall exceed 19.99% of the issued and outstanding shares of ABVC common stock as of the date of the Agreement (i.e. August 14, 2023).
