Allowances and Credits. The Coal Party and Gas Party agree that any baseline or additional Allowances or Energy Credits (whether the Allowances are allocated on a pre- or post- Coal Gas Capture basis or whether due to Coal Gas Capture or any other Coal Gas or mining activities) directly attributable (i) to Gas Party’s Capture of Coal Gas or Coal Gas activities, in each case, associated with the Coal Interests existing as of the Effective Time within the Cooperation Area and (ii) to mining activities by Coal Party or its Coal Affiliates with respect to Coal Interests existing as of the Effective Time within the Cooperation Area, in each case, to which each Party is or may become entitled to claim, own or benefit from prior to, on or after the Effective Time (such Allowances and Energy Credits, as limited by items (i) and (ii) above, the “Subject Coal Allowances” and “Subject Coal Energy Credits,” respectively), whether allocated by any government or regulatory agency, purchased or otherwise acquired by a Party, shall be held, controlled and owned fifty percent (50%) by Gas Party and fifty percent (50%) by Coal Party. The Parties agree to cooperate to the extent reasonably necessary as to their agreement in respect of the ownership and control of all such Subject Coal Allowances and Subject Coal Energy Credits consistent with the foregoing.
Allowances and Credits. (a)(i) The Parties agree that any baseline Allowances which any Party is or may become entitled to claim, own or benefit from prior to, on or after the Effective Date, whether allocated by any government or regulatory agency, purchased or otherwise acquired by a Party shall be held, controlled and owned solely and exclusively by such Party; provided however, if any Party is allocated or receives any additional or bonus Allowances (“Additional Allowances”) that they would not have received but for the activities or investment of another Party, then the ownership of such Additional Allowances will be adjusted to reflect the equities of the circumstances (“Equities”) that give rise to such Additional Allowances, taking into account, among all other relevant factors, any non-ordinary course investment or expense incurred by the Parties with respect to such Allowances, whether the Allowances are allocated on a pre- or post- capture basis, any reduction or increases in Allowances due to methane capture or other activities of CNX and/or CEI, and any State or Federal laws or regulations that give rise to such Allowances, it being agreed that absent countervailing Equities, the Additional Allowances will be adjusted to be held, controlled and owned fifty percent (50%) by CEI and fifty percent (50%) by CNX. The Parties agree to negotiate diligently and in good faith to reach an agreement in respect of the ownership and control of all Allowances consistent with the foregoing.
Allowances and Credits. Vendor shall participate in the Company’s standard vendor participation programs, including but not limited to new store funding and vendor rebates, to the extent applicable and as further described in the Domestic Vendor Guides, as amended from time to time. In addition, the Vendor will be given the opportunity to participate in other voluntary programs from time to time as may be agreed to by the parties from time to time.
Allowances and Credits. To the extent available as of the Effective Date as a matter of law (whether state or federal) in respect of any Current Gas Rights, CEI shall retain all right, title and interest in and to any (a) carbon dioxide credits, as defined by §1605(b) of the Energy Policy Act of 1992, (b) emission allowances (including, without limitation, as relate to VAM) and (c) alternative fuels production or usage tax credits or tax allowances, or other similar tax credits or tax allowances. To the extent available after the Effective Date as a matter of law (whether state or federal), any such credits or allowances shall inure to the benefit of the Party designated by law as the owner of such credits or allowances. In all other respects, the terms of that certain Tax Sharing Agreement dated of even date herewith by and between CEI and CNX shall govern the relationship of the Coal Parties and Gas Parties with regard to the tax matters as between the Coal Parties and the Gas Parties. Master Cooperation and Safety Agreement
Allowances and Credits. Sell, lease, reduce or otherwise ---------------------- dispose of Allowances or Air Emission Credits, except, in the case of Air Emission Credits, in the ordinary operation of the Facilities or to NEPOOL in connection with the summer capacity short-fall regulation, 310 C.M.R. 7.53.
