Agreement of Adjustment

When does it make sense for an agreement to offer a price adjustment for a circumstance beyond the owner`s control? The short answer is when there are known events that result in highly variable costs. Such variability can increase the contractor`s contingencies (for self-insurance), which can lead to unexpected contractors if the risk is at the lower end of its known range. Take, for example, a project in the Gulf of Mexico in September. The contractor may need to install excessive amounts of emergency dollars to cover the 1 in 3 risk of a hurricane. If it ends up being a quiet year (a 2 out of 3 chance), this eventuality would be a boon for the entrepreneur. The owner may decide that he is more likely to be ahead of the curve if he subtracts the unforeseen weather from the contractor`s compensation and only grants price adjustments for a hurricane if and when it occurs. The date of ownership and the date of adjustment of a real estate transaction are usually the same day. The day the buyer takes possession of the property is the day he is supposed to be charged for property taxes, water and other utilities. In most cases, ownership and personalization data occurs the day after completion. Paid plans: To order a paid plan, the customer must select a plan and click on the “Buy” button to make a firm offer to order the Adjust package.

Adjust will confirm receipt of such an order by e-mail. However, such confirmation does not constitute acceptance of the offer. The agreement between Customer and Adjust is entered into when Adjust accepts Customer`s offer in writing, by email or by providing the Adjust Software. Adjust is not obliged to accept the customer`s offer. The adjustment date also refers to the agreed time to complete the calculation of the specific fees owed by a buyer and seller in a real estate transaction. The adjustment date serves as the basis on which the common costs of the buyer and seller, such as property taxes, utilities and interest on mortgages, are prorated. Prorated fees are included in the form of debits and credit notes in a correction statement prepared by a lawyer or notary. 4.5. After the expiry of the contract, the controller is obliged to decide whether the data should be returned or deleted within a reasonable period set by the processor. (2) Where a contractor suffers a loss (and not just a decrease in expected profits) under a defence contract as a result of State measures, the nature of the measure generally determines whether an adjustment to the contract is made and its scope. If the government directs its action primarily to the contractor and acts in its capacity as another party, the contract may be amended in the interests of fairness. Thus, if the government`s action, without giving rise to any liability on the part of the government, increases the cost of performance and results in a loss for the contractor, equity can make an appropriate adjustment.

5.11. At the end of this contract, the processor is obliged to transmit to the controller all personal data provided in relation to the order, which have not yet been processed or deleted, or to provide proof of their correct deletion. 6.1. Before the start of processing, the Processor must document the implementation of the necessary technical and organisational measures defined before the award of the contract or contract, in particular with regard to the detailed performance of the contract, and submit these documented measures to the Controller for inspection. Upon acceptance by the person responsible, the documented measures become the basis of the contract. To the extent that the inspection/audit by the responsible person reveals the need for changes, these changes will be implemented by mutual agreement. There is also empirical evidence to support the thesis that full contracts increase profitability. In Measuring Contract Completeness: A Text Based Analysis of Loan Agreements, Bernhard Ganglmair (University of Texas at Dallas) and Malcolm Wardlaw (University of Georgia) analyzed more than 3,000 loan agreements from financial institutions. They used “multiple measures of contract details” to compare banks` performance based on the verbosity of their loan agreements: 3.2.

The Data Controller is solely responsible for compliance with applicable data protection laws, in particular with regard to the transmission of data to the Processor and the processing of data. Due to this responsibility, the controller is entitled to request the deletion or return of the data during and after the expiry of the contractual period. There is every reason to believe that similar benefits also exist for construction and service contracts that span several months or years, such as loan agreements. Mortgage funds are usually distributed on the day of adjustment. Once paid, they begin to accumulate interest. Therefore, property buyers who want to avoid being charged mortgage interest before owning the property they acquire will plan their closing (or completion date) the day before an adjustment date or as close as possible to the adjustment date. 9.3. If the Subcontractor uses subcontractors, the Subcontractor is obliged to transmit the contractual obligations arising from this Contract to these Subcontractors. In particular, the contract with the processor shall include audit and inspection rights for the controller in accordance with the terms of this Agreement. At the written request of the controller, the controller also has the right to obtain information on the essential contractual conditions and the implementation of data protection obligations by the processor, for example.

B by revising the respective agreement. Energy and service contracts have two approaches to managing adjustments: 7.2. After the completion of the contractually agreed work or earlier, at the request of the controller, at the latest upon termination of this contract, the processor shall return to the controller all documents, results of processing and exploitation as well as data records in connection with the contract that have come into its possession to the controller in accordance with data protection regulations or destroy them – under subject to prior consent. 1.1 The following terms and conditions, including the annexes (“Agreement”), apply to all contracts and services provided between and/or by Adjust GmbH or Adjust KK (“Adjust”) and its customers (“Customer”) with respect to the use of Adjust products and services (collectively the “Services”). This Agreement forms an integral part of any Agreement, unless expressly agreed otherwise in writing. (i) An error or ambiguity consisting in the fact that the Agreement, as understood by both parties, is not or clearly expressed in a written contract. 9.3 These confidentiality obligations do not apply to documents, information and data that are publicly available or that subsequently become known to the public without breach of contract by either party, that must be disclosed by law, court or official order or that have subsequently been released from this obligation of confidentiality by written agreement, by fax or e-mail. b) Self-service (if applicable) In order to enter into an online contract through Adjust`s self-service portal, the customer must register with Adjust online. Registration must be confirmed by Adjust by sending a confirmation email to the email address provided by the customer. There is no right to registration; Adjust expressly reserves the right to refuse registration without giving reasons.

The Customer`s Adjust user account is activated by the User by clicking on the activation link. The user account is not transferable. The customer must keep the password secret and protect it from misuse by unauthorized third parties. 4.3. The controller has verified the proper processing of its data as well as the technical and organisational measures taken by the processor on site and will continue to verify compliance with these measures and document the results of these audits in writing during the term of the contract. Evidence of such measures, which do not relate only to the specific mandate, may be provided by certificates, reports or extracts from reports of independent bodies (e.B. .

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