EPA clause since DOD's guidance combining Tolerance Bands and a NTE

Have you ever seen an EPA clause for a FPIF with an annual tolerance dead band and a Not To Exceed (NTE) % change value? 

EPA Payout would be based on the lesser of the NTE OR Actual % outside of the tolerance band.

For example, if an NTE of 15% above the tolerance band (dead band) was established in a year where actual inflation was 21% above the upper limit. EPA payout would be the lesser of NTE or Actual % outside of the range.