Agreed Profit Sample Clauses

Agreed Profit. (a) For all Tons of coal up to and including 5,600,000 Tons sold and delivered by Falkirk to GRE hereunder in any calendar year, the agreed profit (“Agreed Profit”), expressed in January 1, 2006 dollars, shall be [* * *] per Ton. (b) For all Tons of coal in excess of 5,600,000 Tons sold and delivered by Falkirk to GRE hereunder in any calendar year, the Agreed Profit, expressed in January 1, 2006 dollars, shall be [* * *] per Ton.

Agreed Profit. (i) During the Production Period for all lignite sold and delivered by Seller to Buyer hereunder from the Mine, the agreed profit (“Agreed Profit”), expressed in 2011 dollars, shall be [* * *] per Ton; provided, however, that Agreed Profit shall not be paid in respect of Non‑conforming Lignite. (ii) General and administrative costs that are to be covered by the Agreed Profit (and that shall not otherwise be included in the Cost of Production) during the Production Period, are salaries and related expenses such as payroll taxes, pensions, contributions to retirement plans, other fringe benefits and workers' compensation, together with travel, telephone, postage and office rent and office maintenance expense, of executive officers of Seller not located at the Mine and of officers of Affiliates of Seller who perform, and for the time and to the extent they perform, functions relating to the Mine or this Agreement. Without limiting the generality of the foregoing, the expenses of executive office support, administrative support, operations management support, business development support and legal support (excluding outside litigation services and other outside legal services described below in Section 22.7), finance and accounting support, management information systems support, human resources support and benefits support rendered by employees of Affiliates of Seller shall be covered by the Agreed Profit. (iii) Notwithstanding anything to the contrary contained in Section 7.2(c)(ii), general and administrative costs that are not to be covered by the Agreed Profit and that otherwise shall be included in the Cost of Production are: (a) corporate franchise taxes for Seller paid to the State of North Dakota related to the Mine, if any; (b) litigation and other legal expenses directly related to activities under this Agreement incurred through the use of attorneys who are not employees of Seller or Affiliates of Seller, excluding the cost of any litigation or action in which Seller and Buyer are on opposing sides, and excluding the cost of arbitration under Section 18; (c) actual costs of new reserve mine planning and special studies provided by employees of Seller or Affiliates of Seller not located at the Mine and specifically approved in advance by Buyer; (d) actual costs of mine permitting, geologic support on drilling and modeling provided by employees of Affiliates of Seller not located at the Mine, and specifically approved in advance by Buyer; and (e) lab...