Extraordinary Costs. Without the prior written consent of the Developer, pursuant to a written estimate submitted by Operator, Operator shall not undertake any single project or incur any extraordinary cost with respect to any well being produced under this Agreement reasonably estimated to result in an expenditure of more than $5,000, unless the project or extraordinary cost is necessary for the following:
Extraordinary Costs. The Purchaser shall compensate BHJ for any extraordinary costs if the Purchaser's circumstances prevent BHJ from effecting punctual delivery.
Extraordinary Costs. Extraordinary costs included in the costs determined and referenced by this Formula shall be subject to amortization over a reasonable period of time. In determining how costs should be amortized, the parties shall also determine how the costs being amortized should be recovered in the event that the plant closes and does not reopen. As used herein, "extraordinary costs" mean costs arising from events and transactions that are of an unusual nature and infrequent occurrence, the effects of which are abnormal and significantly different from the ordinary and typical activities of the Owner, and would not reasonably be expected to recur in the foreseeable future. In determining significance, items should be considered individually and not in the aggregate. However, the effects of a series of related transactions arising from a single specific and identifiable event or plan of action should be considered in the aggregate. An item can be extraordinary even if it is less than five (5) percent of income computed before the extraordinary item. In its annual Information Package, the Owner shall identify and provide explanations for all extraordinary costs which it seeks to include in the rates and charges determined pursuant to this Formula, and the Owner shall bear the burden of proof, as in a proceeding under Section 205 of the FPA, that its proposed treatment of extraordinary costs is just and reasonable.
Extraordinary Costs. Except as otherwise specifically provided herein, all extraordinary costs incurred by Manager with respect to the Facility shall be separately reimbursed as Facility Expenses (and not included in the Base Management Fee) after first having been approved by Owner. 2.
Extraordinary Costs. Subject to Article 5 of the Agreement, costs incurred by Utility Contractor that are unusual, special or extraordinary may require unique treatment. Utility Contractor will notify ATCLLC in advance of incurring such costs whenever possible and as soon as possible after incursion of the cost if advance notice is not possible, but in any event prior to sending ATCLLC an invoice that includes the cost.
Extraordinary Costs. The purchaser shall compensate Essentia Protein Solutions for any extraordinary costs if the pur- chaser's circumstances prevent Essentia Protein Solutions from effecting punctual delivery.
Extraordinary Costs. In the event that the contractor is faced with extraordinary costs for fuel due either to an abnormally high number of plowing events or an unforeseen increase in the cost of fuel, the town shall reimburse contractor at an agreed upon per the following formula:
Extraordinary Costs. Tenant accepts the Premises in “as-is” condition. Tenant is responsible for all expenses associated with the operation, maintenance, and needed improvements to maintain the property in good condition. If unforeseen improvements with extraordinary costs are determined necessary by both the Landlord and Xxxxxx, the parties agree to meet to discuss options for funding. Tenant acknowledges that the Landlord makes no representation that it will fund any improvements.
Extraordinary Costs. The purchaser shall compensate Essentia for any extraordinary costs if the purchaser's circumstances prevent Essentia from effecting punctual delivery.
Extraordinary Costs. (A) Reuters shall pay one-hundred percent (100%) of any Extraordinary Costs incurred by Moneyline or any member of the Moneyline Group that are reasonably necessary to provide the Moneyline Transitional Services; provided, however, that any Extraordinary Costs in excess of [ * * * * * * * * * * ] for any month shall be subject to Reuters’ prior written approval.
