Capital Costs Comparative Pool Sample Clauses
Capital Costs Comparative Pool. Within 90 days following each two ------------------------------ year period, Lyondell shall provide Bayer with a comparison showing all Capital Costs paid by Bayer PO LP under the PO Partnership Agreement for such two year period (mandatory and discretionary) compared to the Bayer Capacity Share of all Capital Costs for all Capital Projects to both the Partnership Plant Complexes and Non-Partnership Plant Complexes in which Bayer PO LP is obligated or elects to participate in accordance with the provisions of Sections 8.3 and 8.4 of the Partnership Agreement and this Section 11.09 (the "Capital Costs Comparative ------------------------- Pool"). The "Bayer Capacity Share" means the Bayer PO Annual Offtake Amount ---- -------------------- divided by the Existing Plant Total PO Capacity in effect during each of the prior two years. Bayer shall have the right to audit the Capital Costs included in the Capital Costs Comparative Pool under the same terms and conditions as the audit of Fixed Costs described in Exhibit C to the PO Operating Agreement.
Capital Costs Comparative Pool. Within 90 days following each two year period, Lyondell shall provide Bayer with a comparison showing all Capital Costs paid by Bayer PO LP under the PO Partnership Agreement for such two year period (mandatory and discretionary) compared to the Bayer Capacity Share of all Capital Costs for all Capital Projects to both the Partnership Plant Complexes and Non-Partnership Plant Complexes in which Bayer PO LP is obligated or elects to participate in accordance with the provisions of Sections 8.3 and 8.4 of the Partnership Agreement and this Section 11.09 (the "Capital Costs Comparative Pool"). The "Bayer Capacity Share" means the Bayer PO Annual Offtake Amount divided by the Existing Plant Total PO Capacity in effect during each of the prior two years. Bayer shall have the right to audit the Capital Costs included in the Capital Costs Comparative Pool under the same terms and conditions as the audit of Fixed Costs described in Exhibit C to the PO Operating Agreement.