Common use of Capital Expenditures and Operating Costs Clause in Contracts

Capital Expenditures and Operating Costs. In consideration of the Monthly Fixed Amount and the revenues retained by Xxxxx pursuant to Section 3.2, Xxxxx shall be responsible, at its sole cost and without additional payment from RGE, for all capital expenditures and operating costs (including fuel), whether or not currently anticipated, required to operate and maintain the RSS Unit in accordance with Good Utility Practice, including, but not limited to the projected expenditures described in Exhibit 6 (if required) and any capital expenditures or operating costs (including fuel) attributable to the enactment of any Applicable Laws, or any changes in existing Applicable Laws, after the date hereof. The Parties acknowledge that the economic terms of this Agreement, including the Fixed Monthly Amount and the revenues retained by Xxxxx pursuant to Section 3.2, have been established based upon an estimate of such capital expenditures and operating costs (including fuel) and the Parties have agreed that Xxxxx shall bear the risk and retain the benefit of any savings related to estimated capital expenditures and operating costs during the Term.

Capital Expenditures and Operating Costs. In consideration of the Monthly Fixed Amount and the revenues retained by Xxxxx pursuant to Section 3.2, Xxxxx shall be responsible, at its sole cost and without additional payment from RGE, for all capital expenditures and operating costs (including fuel), whether or not currently anticipated, required to operate and maintain the RSS Unit in accordance with Good Utility Practice, including, but not limited to the projected expenditures described in Exhibit 6 5 (if required) and any capital expenditures or operating costs (including fuel) attributable to the enactment of any Applicable Laws, or any changes in existing Applicable Laws, after the date hereof. The Parties acknowledge that the economic terms of this Agreement, including the Fixed Monthly Amount, the Settlement Cap Amount, the Settlement Floor Amount and the revenues retained by Xxxxx pursuant to Section 3.2, have been established based upon an estimate of such capital expenditures and operating costs (including fuel) and the Parties have agreed that Xxxxx shall bear the risk and retain the benefit of any savings related to estimated capital expenditures and operating costs during the Term.