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:
(i) to safeguard persons or property; or
(ii) to protect the well or related facilities in the event of a sudden emergency. In no event, however, shall the Developer be required to pay for any project or extraordinary cost arising from the negligence or misconduct of Operator, its agents, servants, employees, contractors, licensees, or invitees. All extraordinary costs incurred and the cost of projects undertaken with respect to a well being produced shall be billed at the invoice cost of third-party services performed or materials purchased together with a reasonable charge by Operator for services performed directly by it, in proportion to the share of the Working Interest owned by the Developer in the xxxxx. Operator shall have the right to require the Developer to pay in advance of undertaking any project all or a portion of the estimated costs of the project in proportion to the share of the Working Interest owned by the Developer in the xxxxx.
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. Subject to Article 4 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. 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.
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 that is reasonably estimated to result in an expenditure of more than $5,000, unless the project or extraordinary cost is necessary for the following:
(i) to safeguard persons or property; or
(ii) to protect the well or related facilities in the event of a sudden emergency. In no event, however, shall the Developer be required to pay for any project or extraordinary cost arising from the negligence or misconduct of Operator, its agents, servants, employees, subcontractors, licensees, or invitees. All extraordinary costs incurred and the cost of projects undertaken under this section with respect to a well being produced under this Agreement shall be billed to the Developer at the invoice cost of third-party services performed or materials purchased together with a reasonable and competitive charge by Operator for any services performed directly by it, in proportion to the share of the Working Interest owned by the Developer in the well. Operator shall have the right to require the Developer to pay in advance all or a portion of the estimated costs of a project undertaken under this section, before undertaking the project, in proportion to the share of the Working Interest owned by the Developer in the well or xxxxx.
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.
