Coker Drums Axxxxx Sample Clauses

Coker Drums Axxxxx. At Buyer’s election, (x) upon Seller’s receipt from Buyer of supporting documentation, which documentation shall be provided no earlier than the end of the quarter in which the expenditures were made, Seller shall pay Buyer pursuant to Section 2.02(c)(x) of this Schedule 2.06 or (y) Buyer may credit against the Annual Earn Out Amounts for the Annual Earn Out Periods which cover calendar years [*****], as applicable, up to a maximum aggregate amount of Twenty Million Dollars ($20,000,000) for the actual third party costs incurred and paid for by Buyer (including customary transportation costs) in the calendar years [*****]for purchasing two (2) new coker drums fxx xxe Refinery (the “Coker Drums”) (xxxh the amount of such credit being the “Coker Drums Axxxxx”); provided, however that if, as of the end of the applicable quarter, Buyer’s good faith estimate of the Annual Earn Out Amount for the applicable Annual Earn Out Period indicates that Seller will receive an Earn Out Payment sufficient to cover the Coker Drums Axxxxx, Buyer will not have the right to elect to be reimbursed pursuant to clause (x). The aggregate Coker Drums Axxxxxs shall not exceed Twenty Million Dollars ($20,000,000). Any such costs of the Coker Drums ix xxxess of Twenty Million Dollars ($20,000,000) shall be for the account of Buyer and not included in the Coker Drums Axxxxxs. The Coker Drums Axxxxxs will not include any other costs, including costs associated with the design, installation, testing, or commissioning of the new Coker Drums ox xxxoval of the old coker drums. Xxx xxample, the Annual Earn Out Amount for the Annual Earn Out Period for [*****] can be reduced, at Buyer’s election, for such Coker Drum puxxxxxe expenses which Buyer pays in [*****], but not to exceed the aggregate amount for all Coker Drums Axxxxxs of Twenty Million Dollars ($20,000,000).
Sample 1
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