Capital Cost Recovery. In the event that it is mutually agreed that either Party shall incur capital and/or other costs and expenses for exclusive use on BUYER’s Product as part of such cost savings efforts, the acquiring Party shall be entitled [***]. BUYER shall have the option to make any capital purchases at its expense, in which event the equipment shall be considered to be BUYER Property subject to the provisions of Section XI of this Agreement. Notwithstanding the foregoing, Buyer shall be entitled to retain [***].

Capital Cost Recovery. If, at any time during the Term, Parent invests in any new capital expenditures to satisfy increased demand from SpinCo or to manufacture a new Product SKU as contemplated by Section 2.4 (“Capital Expenditures”), including new equipment, molds, mold presses, and associated testing (“Additional Equipment”), then the remaining unamortized amount of such Capital Expenditures shall be treated as follows, at SpinCo’s election: (a) on or after the effective date of termination, Parent shall invoice SpinCo for such amount, less the salvage value of the applicable Additional Equipment (as reasonably demonstrated by documentation provided by Parent to SpinCo, which documentation shall constitute Confidential Information of Parent), and SpinCo shall pay to Parent such invoiced amount within thirty (30) days of receipt of such invoice, or (b) such amount will be divided among and added to the Product Price for SpinCo’s remaining purchases during the Termination Period, as applicable; provided, however, that Parent shall use reasonable efforts to reduce the remaining unamortized amount of such Capital Expenditures by utilizing, to the extent reasonably practicable, the Additional Equipment or components thereof in Parent’s other businesses, in which case such remaining unamortized amount shall be reduced to account for such alternative utilization. Upon SpinCo’s request, Parent will confirm as to whether any such alternative utilization has occurred and the applicable calculation of such remaining unamortized amount in light of such utilization. For the avoidance of doubt, Parent shall be responsible for the costs of maintenance, upkeep and replacement, as applicable, of any Parent equipment used in the manufacture of Products as of the Effective Date.

Capital Cost Recovery. At any time during the term of this Agreement [***], to the extent Developer incurs any costs to install any additional processing equipment reasonably required to ensure that the Landfill Gas delivered by Republic can be processed by the Developer Facility, such costs shall be offset against [***] of any Royalty Payments otherwise due Republic until [***] of any such costs are recovered by Developer as evidenced by proper documentation submitted to Republic; provided that any additional processing equipment shall be located inside of the boundaries of the Site and after the Delivery Point. Developer shall give Republic at least six (6) months advance written notice of its intent to install the additional processing equipment before doing so; provided that if Republic is able to cure any deficiencies and make available to Developer Processable Landfill Gas sufficient to meet [***] of Existing Design Capacity, Developer’s right to recover its capital cost for the additional processing equipment pursuant to this paragraph shall be suspended. Nothing in this paragraph (c) shall be deemed to be a guaranty of the quality of Landfill Gas made available to Developer hereunder, and other than the termination provisions in Section 7.4, the ability to install the additional processing equipment and partially offset the cost of such processing equipment against future Royalty Payments as provided above shall be Developer’s sole recourse for the unavailability of Processable Landfill Gas, and if for any reason there are not sufficient subsequent Royalty Payments to reimburse Developer for the cost of such equipment as provided above, Developer shall not be entitled to any other recourse from Republic.

Capital Cost Recovery. The total capital cost of the Capital Modification shall be based on the price for the Capital Modification, determ ined pursuant to Section 11.6 or 11.7 (the "Capital M odification Cost"). Until fully recovered through the O&M Cost Savings as provided in subsections (D)(1) and (E)(1) of this Section, the unrecovered balance of such Capital Modification Cost shall bear interest at an annual, non-compounded, interest rate equal to the Prime Rate in effect as of the date that implementation of the Capital Modification is commenced. With respect to any Capital Modification paid for by the Company, the unrecovered balance of the Capital Modification Cost and the monthly accrued interest shall be stated on each monthly Billing Statement provided to the Borough by the Company. At the Borough's election, the Borough may payoff such unrecovered balance and all accrued interest thereon to the date of payoff. Upon payoff, the parties shall share the O&M Cost Savings as provided in subsections (D) and (E) of this Section, unless otherwise agreed to by the parties.

Capital Cost Recovery. The total capital cost of the Capital Modification shall be based on the price for the Capital M odification, determ ined pursuant to Section 12 .6 or 12.7 (the "Capital Modification Cost"). Un til fully recovered through the O& M Cost Savings as provided in subsections (D)(1) and (E)(1) of this Section, the unrecovered balance of such Capital Modification Cost shall bear interest at an annual, non-compounded, interest rate equal to the Prime Rate in effect as of the date that implementation of the Capital Modification is comm enced. With respect to any Capital Modification paid for by the Lessee, the unrecovered balance of the Capital Modification Cost and the monthly accrued interest shall be stated on each monthly Billing Statement provided to the Lessor by the Lessee. At the Lessor's election, the Lessor m ay payoff such unrecovered balance and all accrued interest thereon to the date of payoff. Upon payoff, the parties shall share the O&M Cost Savings as provided in subsections (D) and (E) of this Section, unless otherwise agreed to by the parties.

Related to Capital Cost Recovery

Cost Recovery The Parties acknowledge that the price for energy as described in Exhibit A includes the Consultant Commission described in Exhibit A to cover the cost of developing, implementing and operating the Aggregation. The Competitive Supplier agrees to include this cost adder in the Price for energy, and to make the monthly commission payments on behalf of Participating Consumers, in the manner described in Exhibit A, and acknowledges this obligation as a material obligation of this Agreement.
Cost Recovery Fee You understand and agree that in order for XOOM to offer and fulfill its fixed rate obligation to you, it has to purchase electricity in advance of usage in amounts needed to cover the full term of this Agreement. If you cancel this Agreement early, you will be responsible for paying the cost recovery fee (“Cost Recovery Fee”) set forth in the Contract Summary, which is intended not as a penalty, but simply to offset the cost of selling the unused portion of your electricity to others and estimated lost revenue that XOOM may incur from such a sale, if any, and related expenses. It will take time for your local utility company to cancel your XOOM account. During that time you agree to pay for the electricity you consume that is supplied by XOOM.
Cost Recovery for RSTEP Requests by Registry Operator for the approval of Additional Services pursuant to Section 2.1 may be referred by ICANN to the Registry Services Technical Evaluation Panel (“RSTEP”) pursuant to that process at xxxx://xxx.xxxxx.xxx/en/registries/rsep/. In the event that such requests are referred to RSTEP, Registry Operator shall remit to ICANN the invoiced cost of the RSTEP review within fourteen (14) calendar days of receipt of a copy of the RSTEP invoice from ICANN, unless ICANN determines, in its sole and absolute discretion, to pay all or any portion of the invoiced cost of such RSTEP review.
Liquidation Proceeds Cash received in connection with the liquidation of a defaulted Mortgage Loan, whether through the sale or assignment of such Mortgage Loan, trustee’s sale, foreclosure sale, payment in full, discounted payoff or otherwise, or the sale of the related Mortgaged Property if the Mortgaged Property is acquired in satisfaction of the Mortgage Loan, including any amounts remaining in the related Escrow Account.
Collection Practices; Escrow Deposits; Interest Rate Adjustments The origination, servicing and collection practices used by the Seller and the Interim Servicer with respect to the Mortgage Loan have been in all respects in compliance with Accepted Servicing Practices, applicable laws and regulations, and have been in all respects legal and proper. With respect to escrow deposits and Escrow Payments, all such payments are in the possession of, or under the control of, the Seller or the Interim Servicer and there exist no deficiencies in connection therewith for which customary arrangements for repayment thereof have not been made. All Escrow Payments have been collected in full compliance with state and federal law and the provisions of the related Mortgage Note and Mortgage. An escrow of funds is not prohibited by applicable law and has been established in an amount sufficient to pay for every item that remains unpaid and has been assessed but is not yet due and payable. No escrow deposits or Escrow Payments or other charges or payments due the Seller have been capitalized under the Mortgage or the Mortgage Note. All Mortgage Interest Rate adjustments have been made in strict compliance with state and federal law and the terms of the related Mortgage and Mortgage Note on the related Interest Rate Adjustment Date. If, pursuant to the terms of the Mortgage Note, another index was selected for determining the Mortgage Interest Rate, the same index was used with respect to each Mortgage Note which required a new index to be selected, and such selection did not conflict with the terms of the related Mortgage Note. The Seller or the Interim Servicer executed and delivered any and all notices required under applicable law and the terms of the related Mortgage Note and Mortgage regarding the Mortgage Interest Rate and the Monthly Payment adjustments. Any interest required to be paid pursuant to state, federal and local law has been properly paid and credited;
Production Proceeds Notwithstanding that, by the terms of the various Mortgages, certain Guarantors and Borrower are and will be assigning to Administrative Agent and Lenders all of the “Production Proceeds” (as defined therein) accruing to the property covered thereby, so long as no Event of Default has occurred such Loan Parties may continue to receive from the purchasers of production all such Production Proceeds, subject, however, to the Liens created under the Mortgages, which Liens are hereby affirmed and ratified. Upon the occurrence of an Event of Default, Administrative Agent and Lenders may exercise all rights and remedies granted under the Mortgages, including the right to obtain possession of all Production Proceeds then held by Loan Parties or to receive directly from the purchasers of production all other Production Proceeds. In no case shall any failure, whether purposed or inadvertent, by Administrative Agent or Lenders to collect directly any such Production Proceeds constitute in any way a waiver, remission or release of any of their rights under the Mortgages, nor shall any release of any Production Proceeds by Administrative Agent or Lenders to Loan Parties constitute a waiver, remission, or release of any other Production Proceeds or of any rights of Administrative Agent or Lenders to collect other Production Proceeds thereafter.
Liquidation etc As long as the Class B Distribution and Service Plan is in effect, the Series shall not change the manner in which the Distribution Fee is computed (except as may be required by a change in applicable law after the date hereof) or adopt a plan of liquidation without the consent of the Distributor (or any designee or transferee of the Distributor's rights to receive payment hereunder in respect of Class B shares) except in circumstances where a surviving entity or transferee of the Series' assets adopts the Class B Distribution and Service Plan and assumes the obligations of the Series to make payments to the Distributor (or its transferee) hereunder in respect of Class B shares.
Repayment and Recovery (a) At the End of a Funding Year. If, in any Funding Year, the HSP has not spent all of the Funding the Funder will require the repayment of the unspent Funding. (b) On Termination or Expiration of this Agreement. Upon termination or expiry of this Agreement and subject to section 11.4, the Funder will require the repayment of any Funding remaining in the possession or under the control of the HSP and the payment of an amount equal to any Funding the HSP used for purposes not permitted by this Agreement. The Funder will act reasonably and will consider the impact, if any, that a recovery of Funding will have on the HSP’s ability to meet its obligations under this Agreement.
Insurance Proceeds To the extent payment is actually made to the Indemnitee under a valid and collectible insurance policy in respect of Indemnifiable Amounts in connection with such specific claim, issue or matter, Indemnitee shall not be entitled to payment of Indemnifiable Amounts hereunder except in respect of any excess beyond the amount of payment under such insurance.
Replacement of Lost Investments In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, such other amount as shall be agreed by the parties as the date for settlement.

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