Common use of Books; Accounting and Tax Treatment Clause in Contracts

Books; Accounting and Tax Treatment. 4 Section 5.1. Books and Records; Accounting 4 Section 5.2. Company Tax Returns 4 Section 5.3. Tax Treatment 4 ARTICLE VI Dissolution 4 Section 6.1. Duration and Dissolution 4 Section 6.2. Winding Up 4 Section 6.3. Distribution of Assets 4 Section 6.4. Cancellation of Articles of Organization 4 ARTICLE VII Indemnification 5 Section 7.1. Waiver of Liability 5 Section 7.2. Good Faith and Other Standards 5 Section 7.3. Books and Records 6 Section 7.4. Indemnification 6 Section 7.5. Insurance 7 Section 7.6. Limitation on Liability 7 ARTICLE VIII Miscellaneous 7 Section 8.1. Pledge of Membership Units 7 Section 8.2. Entire Agreement 8 Section 8.3. Notices 8 Section 8.4. Governing Law 8 Section 8.5. Validity 8 Section 8.6. Section Headings 8 Section 8.7. Survival of Rights 8 Section 8.8. Counterparts 8 Section 8.9. Remedies Cumulative 8 LIMITED LIABILITY COMPANY AGREEMENT OF HEK WATER SOLUTIONS, LLC This Limited Liability Company Agreement (this “Agreement”) of HEK Water Solutions, LLC, a Delaware limited liability company (the “Company”), is made effective as of July 27, 2011, by Xxxxxxxx Corporation, as the sole member of the Company (the “Member”).

Books; Accounting and Tax Treatment. 4 Section 5.1. Books and Records; Accounting 4 Section 5.2. Company Tax Returns 4 Section 5.3. Tax Treatment 4 ARTICLE VI Dissolution 4 Section 6.1. Duration and Dissolution 4 Section 6.2. Winding Up 4 5 Section 6.3. Distribution of Assets 4 5 Section 6.4. Cancellation of Articles of Organization 4 5 ARTICLE VII Indemnification 5 Section 7.1. Waiver of Liability 5 Section 7.2. Good Faith and Other Standards 5 6 Section 7.3. Books and Records 6 Section 7.4. Indemnification 6 Section 7.5. Insurance 7 Section 7.6. Limitation on Liability 7 ARTICLE VIII Miscellaneous 7 Section 8.1. Pledge of Membership Units 7 Section 8.2. Entire Agreement 8 Section 8.3. Notices 8 Section 8.4. Governing Law 8 Section 8.5. Validity 8 Section 8.6. Section Headings 8 Section 8.7. Survival of Rights 8 Section 8.8. Counterparts 8 Section 8.9. Remedies Cumulative 8 9 LIMITED LIABILITY COMPANY AGREEMENT OF HEK WATER SOLUTIONSROUGH RIDER ACQUISITION, LLC This Limited Liability Company Agreement (this “Agreement”) of HEK Water SolutionsRough Rider Acquisition, LLC, a Delaware limited liability company (the “Company”), is made effective as of July 27September 4, 20112012, by Xxxxxxxx Corporation, as the sole member of the Company (the “Member”).

Books; Accounting and Tax Treatment. 4 Section 5.1. Books and Records; Accounting 4 Section 5.2. Company Tax Returns 4 Section 5.3. Tax Treatment 4 ARTICLE VI Dissolution 4 5 Section 6.1. Duration and Dissolution 4 5 Section 6.2. Winding Up 4 5 Section 6.3. Distribution of Assets 4 5 Section 6.4. Cancellation of Articles of Organization 4 5 ARTICLE VII Indemnification 5 Section 7.1. Waiver of Liability 5 Section 7.2. Good Faith and Other Standards 5 6 Section 7.3. Books and Records 6 Section 7.4. Indemnification 6 Section 7.5. Insurance 7 Section 7.6. Limitation on Liability 7 ARTICLE VIII Miscellaneous 7 8 Section 8.1. Pledge of Membership Units 7 8 Section 8.2. Entire Agreement 8 Section 8.3. Notices 8 Section 8.4. Governing Law 8 Section 8.5. Validity 8 9 Section 8.6. Section Headings 8 9 Section 8.7. Survival of Rights 8 9 Section 8.8. Counterparts 8 9 Section 8.9. Remedies Cumulative 8 9 AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF HEK WATER SOLUTIONSBADLANDS LEASING, LLC This Amended and Restated Limited Liability Company Agreement (this “Agreement”) of HEK Water SolutionsBadlands Leasing, LLC, a Delaware North Dakota limited liability company (the “Company”), is made effective as of July 27November 30, 20112012, by Xxxxxxxx CorporationBadlands Power Fuels, LLC, a Delaware limited liability company (f/k/a Badlands Energy, LLC a North Dakota limited liability company), as the sole member of the Company (the “Member”).