Escalator Clause


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Related to Escalator Clause: Graduated lease, index lease

Escalator Clause

A stipulation contained in a union contract stating that wages will be raised or lowered, based upon an external standard such as the cost of living index. A term, ordinarily in a contract or lease, that provides for an increase in the money to be paid under certain conditions.

Escalator clauses frequently appear in business contracts to raise prices if the individual providing a particular service or type of merchandise is forced to pay more for labor or materials.

Such clauses are also often part of contracts or leases executed subject to price-control regulations. When this type of provision is in a lease, a landlord has the power to collect the maximum amount of rent allowed under rent regulations that are in effect at the time of the lease. The escalator clause provides that if the rent regulations are altered during the time of the lease, the tenant must pay the new rental fee computed pursuant to the revised regulations.

escalator clause

n. a provision in a lease or other agreement in which rent, installment payments or alimony, for example, will increase from time to time when the cost of living index (or a similar gauge) goes up. Often there is a maximum amount of increase ("cap") and seldom is there a provision for reduction if the cost of living goes down or for deflation instead of inflation. (See: cap)

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This time, the federal government and the Band had their own lawyers involved, and they agreed on a draft for the lease and an escalator clause in the lease which said that when the major review came up after the first 20 year period that the annual rent was to be based on "6 percent of the current land value".
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What it says about the cost of things helps regulate what things cost -- from union contracts, to escalator clauses in child-support settlements, to Social Security checks, to brackets on the personal-income tax, not to mention payouts on bonds known as TIPS (Treasury Inflation-Protected Securities).
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Smaller contractors will take the disproportionate hit, because they are less able to absorb these costs and have less bargaining power to insist that escalator clauses be inserted into deal language.
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