Alternate Index. If for any reason the OPIS Index for a particular NGL Component or any other index used in the calculations made pursuant to Section 4.1 should (i) cease to be published or (ii) be materially changed, the Parties agree promptly and in good faith to negotiate a mutually satisfactory alternate index or substitute methodology for calculating the price for such Component (the “Alternate Index”). If, on or before 30 Days after the index used to determine the price hereunder ceases to be published, the Parties are unable to agree on an Alternate Index upon which to base the calculation of the price, the Parties shall submit such determination to arbitration in accordance with the provisions of Article 20, which arbitration procedure will determine the Alternate Index. From the date on which the index price used to determine the price for a particular NGL Component ceases to be available until the Alternate Index is determined, the price for such NGL Component shall be the average of the prices in effect hereunder (or that would have been in effect hereunder) during the 12 Months preceding the Month in which the index upon which the price was based ceased to be available, which price shall be effective until the effective date of the Alternate Index determined as set forth in this Section 4.3. Upon the determination of an Alternate Index, the price will be adjusted retroactively to the date on which the index upon which the price previously was based ceased to be available. Any payments hereunder that are delayed pending the determination of an Alternate Index shall bear interest at the Base Rate from the date that such payment would have been due without such delay until the date of payment.
Alternate Index. If for any reason the CBOT index for Oil should cease to be published, the Parties agree to promptly and in good faith negotiate a mutually acceptable Alternate Index or substitute methodology for calculating the price for Oil (the “Alternate Index.) If, on or before thirty (30) days after the index used to determine the price ceases to be published, the Parties are unable to agree on an Alternate Index upon which to base the calculation of the price, the Parties shall submit such determination to the dispute resolution procedures in accordance with the provisions of Section 13, which dispute resolution procedures will be used in determining the Alternate Index. From the date on which the index price used to determine the price for Oil ceases to be available until the Alternate Index is determined, the price for such Oil shall be the monthly average of the prices in effect (or that would have been in effect) during the twelve (12) months preceding the month in which the index upon which the price was based ceased to be available, which price shall be effective until the effective date of the Alternate Index determined as set forth in this Section 1.5. Upon the determination of an Alternate Index, the applicable prices will be adjusted retroactively to the dates on which the indices upon which the prices previously were based ceased to be available, plus interest thereon at the interest rate described in Section 4.2(b).
Alternate Index. If an Index Conversion Event occurs:
Alternate Index. In the event that (a) the Index is discontinued, (b) the nature of the Fine Papers purchased by Buyer or Buyer's Contractors is changed such that the Index [******] or (c) the government materially alters the data included in the Index or the basis of computation of the Index, either party may request renegotiation of the Index by giving written notice of such request. The parties shall negotiate in good faith with the goal of agreeing upon a suitable alternate index. [******]
Alternate Index. If the index used to determine the LUAF Price is not available in the future, the Parties agree to promptly negotiate an alternate index for the LUAF Price. If the Parties cannot agree to an alternate index by the end of the first Month for which the LUAF Price could not be determined, then Customer and Contractor shall each prepare a prioritized list of up to three alternative published reference postings or prices representative of spot prices for Gas delivered in the same geographic area. Each Party shall submit its list to the other within ten Days after the end of the first Month for which the LUAF Price could not be determined. The first listed index appearing in Customer's list that also appears in Contractor's list shall constitute the replacement index. If no common indices appear on the lists, each Party shall submit a new list adding two indices within ten Days. If either Party fails to provide timely a list, such Party's list shall not be considered. Upon determination of an alternate index, the LUAF Price will be determined in accordance herewith.
Alternate Index. For any period for which an index referred to in this Agreement is not available, the index applicable to such period shall be the index for the next subsequent period for which the index is available. If either any index referred to in this Agreement or the publication used to ascertain the index ceases to exist or be published, and if the Parties do not agree on an alternate index or price source within one Month of the date on which such index or trade publication ceases to exist or be published, then either Party may refer the selection of an alternate index or price source to arbitration in accordance with Article 16. From the Day that such index or trade publication ceases to exist or be published, until the Day that an alternative index or price source is selected by agreement or determined by arbitration in accordance with Article 16, payments shall be made in the interim on the basis of the prices quoted in the relevant index or price source for the Day prior to the Day on which such index or price source ceased to exist or be published, as the case may be. When an alternative index or price source is determined by agreement or arbitration, the amounts paid by either Party to the other Party under this Agreement during the period of time described in the preceding sentence of this Section 19.10 shall be adjusted to reflect the alternative index or price source selected as provided herein. If either Party is found to owe payment to the other pursuant to this adjustment, payment shall be made by the owing Party with interest accruing at the Prime Rate as reported in the Money Rates column of The Wall Street Journal on the last Business Day of the preceding Month, compounded and calculated monthly from the date the adjusted amounts would have been due until the dates such adjustments are paid.
Alternate Index. If an index used to calculate a price hereunder (“Original Index”) ceases to be published or is not published for any period applicable to calculation of such price, the Parties shall in good faith meet and promptly agree on a replacement index within ten (10) Business Days after the date the Original Index ceases to be published. Such replacement index will be as comparable as possible to the Original Index specified in this Agreement.
Alternate Index. As soon as the Base Rent is set Landlord will give written notice to Tenant of the amount of the Base Rent. If the Index is changed so that the Base Year differs from the Base Year used as of the month preceding the Rent Commencement Date of the Lease, the Index will be converted in accordance with the conversion factor published by the Bureau. If the Index is discontinued or revised during the term as extended, such other governmental Index or computation with which it is replaced will be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued or revised. If the numerator of the fraction is not available at the Adjustment Date, Tenant will continue to pay the Base Rent in effect for the preceding Lease Year. Tenant will promptly pay to Landlord any deficiency at such time as Base Rent is adjusted. EXHIBIT B 12 September 2002 Xxxxx X. Xxxxx IHI, A Utah Corporation 0000X 00xx Xxxxxx Xxxxxxxxxx, Xxxxxxxxxx 00000 Re: Addendum #1 to Lease dated 3/10/98 Dear Xxxxx, The following items are in addition to the above stated Lease: 1260L: 2350 square feet
