Cost of Services and Rights. (i) Any and all services described in Section 8.30(c) and all easements and other rights in real property existing or necessary for the full and efficient operation of the Facility during the term of this Agreement shall be provided (A) to the Lessor as specified in Section 8.30(b), and (B) in the case of such easements and other rights in real property as aforesaid, on the terms set forth in Section 8.30(e)(ii) to any Person acquiring title or use of the Facility other than the Lessor. (ii) Unless otherwise provided herein, any and all services and supplies provided by the Company pursuant to this Section after the Lease Termination Date (or any earlier date on which the Lease terminates as provided therein) and for so long as this Agreement remains in effect (i) which are generally commercially available shall be priced at fair market value, and on arms-length terms and conditions subject to applicable provisions of agreements with producers, shippers and suppliers and Governmental Requirements, or (ii) which are not generally commercially available shall be priced at an amount equal to the Company’s cost (excluding any profit margin).
Appears in 2 contracts
Samples: Investment and Participation Agreement (Protective Life Insurance Co), Investment and Participation Agreement (Protective Life Corp)
Cost of Services and Rights. (i) Any and all services described in Section 8.30(c) and all easements and other rights in real property existing or necessary for the full and efficient operation of the Facility during the term of this Agreement shall be provided (A) to the Lessor as specified in Section 8.30(b), and (B) in the case of such easements and other rights in real property as aforesaid, on the terms set forth in Section 8.30(e)(ii) to any Person acquiring title or use of the Facility other than the Lessor.
(ii) Unless otherwise provided herein, any and all services and supplies provided by the Company pursuant to this Section 8.30 after the Lease Termination Date (or any earlier date on which the Lease terminates as provided therein) and for so long as this Agreement remains in effect (i) which are generally commercially available shall be priced at fair market value, and on arms-length terms and conditions subject to applicable provisions of agreements with producers, shippers and suppliers and Governmental Requirements, or (ii) which are not generally commercially available shall be priced at an amount equal to the Company’s 's cost (excluding any profit margin).
Appears in 2 contracts
Samples: Investment and Participation Agreement (Protective Life Insurance Co), Investment and Participation Agreement (Protective Life Corp)
Cost of Services and Rights. (i) Any and all services described in Section 8.30(c) and all easements and other rights in real property existing or necessary for the full and efficient operation of the Facility during the term of this Agreement shall be provided (A) to the Lessor as specified in Section 8.30(b), and (B) in the case of such easements and other rights in real property as aforesaid, on the terms set forth in Section 8.30(e)(ii) to any Person acquiring title or use of the Facility other than the Lessor.
(ii) Unless otherwise provided herein, any and all services and supplies provided by the Company pursuant to this Section 8.30 after the Lease Termination Date (or any earlier date on which the Lease terminates as provided therein) and for so long as this Agreement remains in effect (i) which are generally commercially available shall be priced at fair market value, and on arms-length terms and conditions subject to applicable provisions of agreements with producers, shippers and suppliers and Governmental Requirements, or (ii) which are not generally commercially available shall be priced at an amount equal to the Company’s cost (excluding any profit margin).
Appears in 1 contract
Samples: Investment and Participation Agreement (Protective Life Insurance Co)
Cost of Services and Rights. (ia) Any and all services described in Section 8.30(c2.3(d) and all easements and other rights in real property existing or necessary for the full and efficient operation of the Facility during the term of this Agreement shall be provided (Ax) to the Lessor as at the cost specified in Section 8.30(b)2.3, and (By) in the case of such easements and other rights in real property as aforesaid, on the terms set forth in Section 8.30(e)(ii2.5(b) to any Person acquiring title or use of the Facility other than the Lessor.
(iib) Unless otherwise provided herein, any and all services and supplies provided by the Company pursuant to this Section Article II after the Lease Termination Date (or any earlier date on which the Lease terminates as provided therein) and for so long as this Agreement remains in effect (i) which are generally commercially available shall be priced at fair market value, and on arms-length terms and conditions subject to applicable provisions of agreements with producers, shippers and suppliers and Governmental Requirements, or (ii) which are not generally commercially available shall be priced at an amount equal to the Company’s 's cost (excluding any profit margin).
Appears in 1 contract
Samples: Acquisition, Agency, Indemnity and Support Agreement (Us Xpress Enterprises Inc)