Unexpected Workweeks/Escalator Clause Sample Clauses

Unexpected Workweeks/Escalator Clause. Defendant represents that there are an estimated 7,337 workweeks during the Class Period as of April 1, 2022. If the number of workweeks during the Class Period is more than 10% greater than this figure (i.e., if there are 8,071 or more workweeks worked by the Settlement Class Members during the Class Period), Defendant agrees to increase the Gross Settlement Amount on a proportional basis (i.e., if there was 10% increase in the number workweeks during the Class Period above 8,071, Defendant would agree to increase the Gross Settlement Amount by 10%). Defendant agrees to deposit any increase to the Gross Settlement Amount owed pursuant to this term by the date on which the fourth and final installment payment is due. Alternatively, should the number of workweeks actually worked by Class members in the Class Period trigger this escalator clause, Defendant, at its sole option, can agree to shorten the end date of the Class Period to a date prior to the date of Preliminary Approval such that the escalator clause is not triggered (i..e. the end date of the Class Period and PAGA Period would be the date prior to the date of Preliminary Approval on which the total workweeks worked by the Class Members is closest to but does not exceed 8,071).
Sample 1
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Unexpected Workweeks/Escalator Clause. Defendant represents that there are an estimated 413,810.7 workweeks worked by the PAGA Employees and Members of the Settlement Classes (combined) during the period of December 20, 2015 through the date of preliminary approval of the Settlement. If the number of workweeks during the period of December 20, 2015 through the date of preliminary approval of the Settlement worked by the PAGA Employees and Members of the Settlement Classes (combined) is more than 10% greater than this figure (i.e., if there are more than 455,191.8workweeks worked by the PAGA Employees and Members of the Settlement Classes (combined)during the period of December 20, 2015 through the date of preliminary approval of the Settlement), Defendant shall have the sole option to either: (i) agree that the Gross Settlement Amount will be increased proportionately for the additional workweeks exceeding the 10% threshold; for example, if the number of workweeks increases by 13%, the Gross Settlement Amount would be increased by three percent (3%); or (ii) elect to cut-off the end of the Class Periods and PAGA Period as of the date that the increase in workweeks reaches 455,191.8.
Sample 1
Unexpected Workweeks/Escalator Clause. Defendant represents that there are an estimated 16,954 workweeks worked by Class Members during the Class Period. If the number of workweeks during the Class Period is more than 15% greater than this figure (i.e., if there are 19,497 or more workweeks worked by the settlement class members), Defendant agrees to increase the Gross Settlement Amount on a proportional basis (i.e., if there was 15% increase in the number workweeks during the Class Period, Defendant would agree to increase the Gross Settlement Amount by 15%).
Sample 1
Unexpected Workweeks/Escalator Clause. Defendant represents that there are an estimated 46,613 workweeks worked by Class Members during the Class Period. If the number of pay periods during the Class Period is more than 10% greater than this figure (i.e., if there are 51,275 or more workweeks worked by the settlement class members during the Class Period), Defendant agrees to increase the Gross Settlement Amount on a proportional basis to the extent the number of workweeks exceed the total (i.e., if there was 15% increase in the number of workweeks worked during the Class Period, Defendant would agree to increase the Gross Settlement Amount by 15%). For the purposes of this Section the Class Period shall be no later than ninety (90) days after the October 6, 2020 mediation,
Sample 1
Unexpected Workweeks/Escalator Clause. Defendant represents that there are an estimated 12,065 workweeks during the Class Period as of April 29, 2022. If the number of workweeks during the Class Period is more than 15% greater than this figure (i.e., if there are 13,875 or more workweeks worked by the Settlement Class Members during the Class Period), Defendant agrees to increase the Gross Settlement Amount on a proportional basis by the amount by which it exceeds 15% (i.e., if there was a 16% increase in the number workweeks during the Class Period, Defendant would agree to increase the Gross Settlement Amount by 1%). If this escalator clause is triggered and the more than 15% increase is reached prior to preliminary approval, Defendant has the option of ending the Class Period and the PAGA Period on the date on which the workweeks reach 13,874 in lieu of being required to increase the Gross Settlement Amount.
Sample 1
Unexpected Workweeks/Escalator Clause. Defendant represents that there are an estimated 11,894 pay periods worked during the Class Period. If the number of pay periods worked during the Class Period is more than 10% greater than this figure (i.e., if there are 13,084 or more pay periods worked by the settlement Class Members during the Class Period), Defendant agrees to increase the Gross Settlement Amount on a proportional basis (i.e., if there was 12% increase in the number pay periods worked during the Class Period, Defendant would agree to increase the Gross Settlement Amount by 12%).
Sample 1

Related to Unexpected Workweeks/Escalator Clause

  • PRICE ESCALATION/DE-ESCALATION (CPI) The County may allow a price escalation provision within this award. The original contract prices shall be firm for an initial one (1) year period. A price escalation/de-escalation will be considered at one (1) year intervals thereafter, provided the Contractor notifies the County, in writing, of the pending price escalation/de-escalation a minimum of sixty (60) days prior to the effective date. Price adjustments shall be based on the latest version of the Consumers Price Index (CPI-U) for All Urban Consumers, All Items, U.S. City Average, non-seasonal, as published by the U.S. Department of Labor, Bureau of Labor Statistics. This information is available at xxx.xxx.xxx. Price adjustment shall be calculated by applying the simple percentage model to the CPI data. This method is defined as subtracting the base period index value (at the time of initial award) from the index value at time of calculation (latest version of the CPI published as of the date of request for price adjustment), divided by the base period index value to identify percentage of change, then multiplying the percentage of change by 100 to identify the percentage change. Formula is as follows: Current Index – Base Index / Base Index = % of Change % of Change x 100 = Percentage Change CPI-U Calculation Example: CPI for current period 232.945 Less CPI for base period 229.815 Equals index point change 3.130 Divided by base period CPI 229.815 Equals 0.0136 Result multiplied by 100 0.0136 x 100 Equals percent change 1.4% A price increase may be requested only at each time interval specified above, using the methodology outlined in this section. To request a price increase, Contractor shall submit a letter stating the percentage amount of the requested increase and adjusted price to the Orange County Procurement Division. The letter shall include the complete calculation utilizing the formula above, and a copy of the CPI-U index table used in the calculation. The maximum allowable increase shall not exceed 4%, unless authorized by the Manager, Procurement Division. All price adjustments must be accepted by the Manager, Procurement Division and shall be memorialized by written amendment to this contract. No retroactive contract price adjustments will be allowed. Should the CPI-U for All Urban Consumers, All Items, U.S City Average, as published by the U.S. Department of Labor, Bureau of Labor Statistics decrease during the term of the contract, or any renewals, the Contractor shall notify the Orange County Procurement Division of price decreases in the method outlined above. If approved, the price adjustment shall become effective on the contract renewal date. If the Contractor fails to pass the decrease on to the County, the County reserves the right to place the Contractor in default, cancel the award, and remove the Contractor from the County Vendor List for a period of time deemed suitable by the County. In the event of this occurrence, the County further reserves the right to utilize any options as stated herein.

  • Long Term Cost Evaluation Criterion # 4 READ CAREFULLY and see in the RFP document under "Proposal Scoring and Evaluation". Points will be assigned to this criterion based on your answer to this Attribute. Points are awarded if you agree not i ncrease your catalog prices (as defined herein) more than X% annually over the previous year for years two and thr ee and potentially year four, unless an exigent circumstance exists in the marketplace and the excess price increase which exceeds X% annually is supported by documentation provided by you and your suppliers and shared with TIP S, if requested. If you agree NOT to increase prices more than 5%, except when justified by supporting documentati on, you are awarded 10 points; if 6% to 14%, except when justified by supporting documentation, you receive 1 to 9 points incrementally. Price increases 14% or greater, except when justified by supporting documentation, receive 0 points. increases will be 5% or less annually per question Required Confidentiality Claim Form Required Confidentiality Claim Form This completed form is required by TIPS. By submitting a response to this solicitation you agree to download from th e “Attachments” section, complete according to the instructions on the form, then uploading the completed form, wit h any confidential attachments, if applicable, to the “Response Attachments” section titled “Confidentiality Form” in order to provide to TIPS the completed form titled, “CONFIDENTIALITY CLAIM FORM”. By completing this process, you provide us with the information we require to comply with the open record laws of the State of Texas as they ma y apply to your proposal submission. If you do not provide the form with your proposal, an award will not be made if your proposal is qualified for an award, until TIPS has an accurate, completed form from you. Read the form carefully before completing and if you have any questions, email Xxxx Xxxxxx at TIPS at xxxx.xxxxxx@t xxx-xxx.xxx

  • Non-Escalation Unless otherwise specified within the RFP documents, the unit prices reflected on the contract shall remain firm with no provision for price increases during the term of the contract.

  • Complete Work without Extra Cost Except to the extent otherwise specifically stated in this contract, the Contractor shall obtain and provide, without additional cost to the City, all labor, materials, equipment, transportation, facilities, services, permits, and licenses necessary to perform the Work.

  • Long Term Cost Evaluation Criterion # 4. READ CAREFULLY and see in the RFP document under "Proposal Scoring and Evaluation". Points will be assigned to this criterion based on your answer to this Attribute. Points are awarded if you agree not i ncrease your catalog prices (as defined herein) more than X% annually over the previous year for years two and thr ee and potentially year four, unless an exigent circumstance exists in the marketplace and the excess price increase which exceeds X% annually is supported by documentation provided by you and your suppliers and shared with TIP S, if requested. If you agree NOT to increase prices more than 5%, except when justified by supporting documentati on, you are awarded 10 points; if 6% to 14%, except when justified by supporting documentation, you receive 1 to 9 points incrementally. Price increases 14% or greater, except when justified by supporting documentation, receive 0 points. increases will be 5% or less annually per question Required Confidentiality Claim Form Required Confidentiality Claim Form This completed form is required by TIPS. By submitting a response to this solicitation you agree to download from th e “Attachments” section, complete according to the instructions on the form, then uploading the completed form, wit h any confidential attachments, if applicable, to the “Response Attachments” section titled “Confidentiality Form” in order to provide to TIPS the completed form titled, “CONFIDENTIALITY CLAIM FORM”. By completing this process, you provide us with the information we require to comply with the open record laws of the State of Texas as they ma y apply to your proposal submission. If you do not provide the form with your proposal, an award will not be made if your proposal is qualified for an award, until TIPS has an accurate, completed form from you. Read the form carefully before completing and if you have any questions, email Xxxx Xxxxxx at TIPS at xxxx.xxxxxx@t xxx-xxx.xxx Choice of Law clauses with TIPS Members If the vendor is awarded a contract with TIPS under this solicitation, the vendor agrees to make any Choice of Law c lauses in any contract or agreement entered into between the awarded vendor and with a TIPS member entity to re ad as follows: "Choice of law shall be the laws of the state where the customer resides" or words to that effect. 5 Agreed Venue of dispute resolution with a TIPS Member In the event of litigation or use of any dispute resolution model when resolving disputes with a TIPS member entity a s a result of a transaction between the vendor and TIPS or the TIPS member entity, the Venue for any litigation or ot her agreed upon model shall be in the state and county where the customer resides unless otherwise agreed by the parties at the time the dispute resolution model is decided by the parties. Agreed

  • Preceptor Differential The Hospital shall pay a differential of $1.50 per hour to a nurse who is designated by nursing management to serve as a preceptor to provide on-the-job training to newly hired nurses. One differential will be paid per shift per orientee to the primary preceptor for all hours served as the primary preceptor for that shift. Preceptor will only be paid while the newly hired nurse is in a one-to-one status. Preceptor is a voluntary assignment and the nurse has the option to refuse the preceptor assignment.

  • Escalation/De-escalation Clause In the event that prevailing market conditions warrant an adjustment in bid prices contained in the contract, the following escalation/de- escalation clause shall be the only clause applicable or acceptable:

  • Shift Differential Compensation Any employee in the bargaining unit whose assigned work shift commences (for unit-1) prior to 5:30 a.m. or whose work shift ends after 5:30 p.m., or (for unit-2 members) commences after 2:00 p.m. shall be paid a shift differential premium of five (5%) percent above the regular rate of pay for all hours worked.

  • Long Term Cost Evaluation Criterion 4. READ CAREFULLY and see in the RFP document under "Proposal Scoring and Evaluation". Points will be assigned to this criterion based on your answer to this Attribute. Points are awarded if you agree not increase your catalog prices (as defined herein) more than X% annually over the previous year for the life of the contract, unless an exigent circumstance exists in the marketplace and the excess price increase which exceeds X% annually is supported by documentation provided by you and your suppliers and shared with TIPS, if requested. If you agree NOT to increase prices more than 5%, except when justified by supporting documentation, you are awarded 10 points; if 6% to 14%, except when justified by supporting documentation, you receive 1 to 9 points incrementally. Price increases 14% or greater, except when justified by supporting documentation, receive 0 points. increases will be 5% or less annually per question Required Confidentiality Claim Form Required Confidentiality Claim Form This completed form is required by TIPS. By submitting a response to this solicitation you agree to download from the “Attachments” section, complete according to the instructions on the form, then uploading the completed form, with any confidential attachments, if applicable, to the “Response Attachments” section titled “Confidentiality Form” in order to provide to TIPS the completed form titled, “CONFIDENTIALITY CLAIM FORM”. By completing this process, you provide us with the information we require to comply with the open record laws of the State of Texas as they may apply to your proposal submission. If you do not provide the form with your proposal, an award will not be made if your proposal is qualified for an award, until TIPS has an accurate, completed form from you. Read the form carefully before completing and if you have any questions, email Xxxx Xxxxxx at TIPS at xxxx.xxxxxx@xxxx-xxx.xxx 8 Choice of Law clauses with TIPS Members If the vendor is awarded a contract with TIPS under this solicitation, the vendor agrees to make any Choice of Law clauses in any contract or agreement entered into between the awarded vendor and with a TIPS member entity to read as follows: "Choice of law shall be the laws of the state where the customer resides" or words to that effect. 9

  • Shortfall of Annual Working Hours There shall be no pay back for shortfall of annual working hours in the shift systems determined in this Agreement.

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