Fees and Consideration Sample Clauses

Fees and Consideration. A. As full consideration for the services provided by MEA, MarkWest shall pay the following fees and MEA shall make the following deliveries: i. For the fractionation of Raw Make into Plant Products, by MEA, at Siloam, MarkWest shall pay MEA a Fractionation Fee equal to the gallons of Raw Make fractionated multiplied by $*. The Fractionation Fee covers, and is inclusive of the MEA's costs for fractionating Raw Make, loading Plant Products and above ground storage of Plant Products. ii. For the exclusive use of the Cavern, MarkWest shall pay MEA an Annual Storage Fee equal to $* for MEA storing MarkWest's Plant Products in the Cavern. iii. Should MarkWest deliver any Raw Make to Siloam by railcar, MEA shall unload the Raw Make for fractionation and MarkWest shall pay MEA an Unloading Fee of $* per gallon of Raw Make unloaded from railcars. iv. A portion of each of the Fractionation Fee, Annual Storage Fee and Unloading Fee (collectively, the "Fees") shall be subject to annual adjustments. *% of each of the Fees, shall be adjusted on an annual basis in proportion to the percentage change, from the preceding year, in the Producer Price Index for oil and gas field services (SIC 138) as published by the Department of Labor *Denotes Confidential Portion Omitted and Filed Separately with the Commission ("PPI"). The adjustment of the Fees shall be made effective January 1 of each year, and shall reflect the percentage change in the PPI as it existed for the immediately preceding January from the PPI for the second immediately preceding January. v. MEA shall deliver and load the Plant Products fractionated from MarkWest's Raw Make to the Product Delivery Points in accordance with the terms of this Agreement.

Fees and Consideration. A. As full consideration for the services provided by MEA, MarkWest shall pay the following fees and MEA shall make the following deliveries: i. MarkWest shall pay MEA a fee ("Processing Fee") equal to the Receipt Point Volume (expressed in Mcf) multiplied by $*. ii. A portion of the Processing Fee specified above, shall be adjusted annually. On an annual basis, *% of the then effective Processing Fee shall be adjusted in proportion to the percentage change, from the preceding year, in the Producer Price Index for Oil and Gas field services (SIC 138) as published by the Department of Labor ("PPI"). The adjustment of the Processing Fee shall be made effective upon each anniversary of the Effective Date and shall reflect the percentage change in the PPI as it existed for the immediately preceding January from the PPI for the second immediately preceding January. In no event will the adjustment result in a decrease of the Processing Fee from the last effective amount of the Processing Fee. iii. MEA shall redeliver the Plant Products extracted from MarkWest's Gas to the Plant Products Delivery Points for fractionation under the terms of that certain Fractionation Agreement between MEA and MarkWest, of even date herewith; and, shall redeliver the Residue Gas remaining from MarkWest's Gas to the Redelivery Point. *Denotes Confidential Portion Omitted and Filed Separately with the Commission

Fees and Consideration. 8.1 Subject to Section 8.2, (a) commencing on the Gathering Effective Date for each Lateral, MarkWest will charge Antero the per Mcf Gathering Fee for such Lateral for all of Antero’s Gas delivered to the Receipt Points on such Lateral, as measured at the Measurement Points, provided, however, that commencing on the Minimum Gathering Fee Commencement Date for such Lateral and for a period of [***] thereafter (as may be extended for any event of Force Majeure in excess of thirty (30) days as described below in this Section 8.1), in no event shall the Gathering Fee actually paid to MarkWest hereunder, together with amounts credited to the Minimum Gathering Fee as set forth in this Section 8.1, with respect to any Accounting Period for such Lateral be less than the Minimum Gathering Fee for such Lateral and (b) commencing on the Compression Effective Date for each Compressor Station, the Compression Fees provided for in Section 4.2.b, including the Minimum Compression Fee for the period of time set forth in Section 4.2.b. Notwithstanding the foregoing Antero shall receive a credit against the Minimum Gathering Fee and/or the Minimum Compression Fee for a Lateral or Compressor Station, as applicable, in the following circumstances: a. to the extent that such Lateral or Compressor Station is affected by an event of Force Majeure lasting longer than [***]; provided that, in the event of such an event of Force Majeure, (i) the period of time during which the Minimum Gathering Fee and/or Minimum Compression Fee for the affected Lateral and/or Compressor Station shall be payable shall automatically be extended for the duration of such Force Majeure event that is in excess of [***] and (ii) if the then current Primary Term or renewal term of this Agreement would end prior to the extended date set forth in clause (i), the Primary Term or then current renewal term, as applicable, shall automatically be extended to end on the date set forth in clause (i). Upon the request of either Party, the Parties shall promptly execute an amendment to this Agreement reflecting any extensions set forth in the foregoing sentence; or b. to the extent of any volumes of Antero’s Gas that Antero tenders for delivery to the applicable Receipt Point but which volumes are not gathered through the affected Lateral or compressed through the affected Compressor Station, as applicable, as determined in accordance with the remaining provisions of this subparagraph (such volumes, “Rejected Volume...

Fees and Consideration. A. As full consideration for the services provided by MEA, MarkWest shall pay the following fees and MEA shall make the following deliveries: i. For the transportation of Raw Make by MEA, MarkWest shall pay MEA a Transportation Fee equal to the gallons of Raw Make delivered to MEA at the Receipt Point(s) multiplied by $*. ii. A portion of each of the Transportation Fee shall be subject to annual adjustments. *% of the Transportation Fee, shall be adjusted on an annual basis in proportion to the percentage change, from the preceding year, in the Producer Price Index for oil and Gas field services (SIC 138) as published by the Department of Labor ("PPI"). The adjustment of the Fees shall be made effective January 1 of each year, and shall reflect the percentage change in the PPI as it existed for the immediately preceding January from the PPI for the second immediately preceding January. iii. MEA shall deliver the Raw Make transported for MarkWest to the Redelivery Point. B. During the Primary Term of this Agreement or any extension thereof, MarkWest (i) shall not seek to challenge the level of the Transportation Fee before any regulatory *Denotes Confidential Portion Omitted and Filed Separately with the Commission authorities of the federal government or of any state in which the facilities of the Pipeline are located; (ii) shall not seek to invoke the jurisdiction of any such regulatory authorities with regard to the Transportation Fee; and (iii) shall not encourage, assist, or support any other person in invoking the jurisdiction of any such regulatory authorities with regard to the Transportation Fee.

Fees and Consideration. CCR will not be obligated to pay to or provide Fosterer with any fees, salary, wages, or other compensation or consideration for the Xxxxxx Services, and CCR will not be obligated to reimburse Fosterer for any costs whatsoever that are incurred in connection with the Xxxxxx Services, including, without limitation, costs to repair damages or injuries caused by a Xxxxxx Dog. Without limiting the generality of the foregoing statement, CCR may, but is not required to, reimburse Fosterer for costs incurred in connection with the Xxxxxx Services, in CCR’s sole discretion. CCR will not pay for any vetting or medicine for the Fosterer’s personal dogs. The Fosterer is responsible for ensuring that his/her personal dogs are up to date on vaccines, heartworm, flea and tick medications.

Fees and Consideration. 10.1 The amounts described in this Section 10.1 shall be paid to MarkWest by Producer, or by MarkWest to Producer, as applicable. Any amounts payable to Producer by MarkWest pursuant this Agreement that are based upon Producer’s Gas shall be based on the measurement and allocation procedures set forth in this Agreement. Notwithstanding any provision in this Agreement to the contrary, the Parties agree that there will be no duplication of any fees, costs, expenses or other charges set forth in this Agreement. a. Subject to the remaining provisions of this Section 10.1 and the provisions of Section 10.3 below, Producer shall pay MarkWest [REDACTED]* the following (the “Gathering and Processing Fee”): [REDACTED]*, as measured at the Receipt Point(s). b. [REDACTED]* c. [REDACTED]* d. The Parties acknowledge that, as of the date hereof, Producer is taking Residue Gas in kind pursuant to Section 10.2 and Producer shall continue to take all of Producer’s Residue Gas in kind unless and until the Parties mutually agree for MarkWest to market Producer’s Residue Gas and, until such time, MarkWest shall have no obligation to market Producer’s Residue Gas. The Parties will work together in good faith to develop, and will agree upon in writing, the process and procedures that the Parties will follow in connection with the nomination and scheduling of Producer’s Residue Gas, including, without limitation, the deadlines for submitting nominations and changes thereto and procedures for minimizing imbalances (such procedures, the “Residue Gas Nomination Procedures”). The Parties recognize that MarkWest shall be designated by the downstream pipeline carriers at the Redelivery Point(s) as the point operator and shall be considered by such pipeline carriers to be responsible for the operation of MarkWest’s pipeline interconnections to the pipeline carriers at the Redelivery Point(s). Upon MarkWest entering into operational balancing agreements (“XXXx”) with such pipeline carriers, MarkWest shall be responsible for the administration of all such XXXx and for all terms and conditions of any such OBA. The Parties recognize that certain Residue Gas imbalances may occur, and each calendar month, the Parties agree to actively communicate and cooperate with each other, and with any interconnecting pipeline at the Redelivery Point(s), to review appropriate data to identify any imbalance, and to eliminate or remedy any imbalance as soon as either Party becomes aware of an imbalance. Th...

Fees and Consideration. 10.1 As full consideration for the Gas delivered hereunder, Keystone shall pay and/or deliver to Xxx the following, which payment and delivery shall entitle Keystone to retain for its own account and benefit all portions of Rex’s Gas not redelivered hereunder, including Plant Products, together with all components thereof which are recovered in the Facilities. Except as provided in Section 10.2 below, Keystone shall have the exclusive right to market all Plant Products and Residue Gas allocable to Xxx: a. A sum equal to [REDACTED]* of the “Net Sales Price” per gallon, as defined below, for each gallon of individual Plant Products allocated to Xxx.

Fees and Consideration. 5.1 In consideration for the Evaluation License, the License Option, and other rights granted hereunder, COMPANY shall reimburse CWRU for the costs of filing, prosecuting, and maintaining Patents incurred during the Evaluation Period. Payments shall be due within thirty (30) days of the COMPANY’s receipt of invoices for the reimbursement of such costs. COMPANY and CWRU shall endeavor to mutually agree on the patent strategy and filings prior to incurring additional costs during the term of this Agreement. If COMPANY is unable to reimburse CWRU for any given application within thirty (30) days of the receipt of an invoice therefor, then CWRU and COMPANY shall endeavor to mutually agree to a payment plan. If CWRU and COMPANY are unable to mutually agree to a payment plan, then CWRU shall provide COMPANY with sixty (60) days written notice to cure said payment default. If the default is not cured within said period, then COMPANY shall have no rights to that application and said application will no longer be subject to this Agreement. 5.2 In further consideration for the Evaluation License, the License Option, and other rights granted hereunder, COMPANY shall issue to CWRU Equity Securities comprised of a number of shares of Class B Common Stock in the COMPANY such that CWRU owns ten percent (10%) of the COMPANY as of the Effective Date on a fully diluted basis, which shares shall have the rights and preferences described in the Term Sheet and otherwise reasonably satisfactory to CWRU. Such shares of Class B Common Stock shall have the anti-dilution protections described in the Term Sheet. Such Shares issued to CWRU shall be reflected in capitalization table of the COMPANY as of the Effective Date and consistent with the Term Sheet and shall be considered issued as of the Effective Date for all purposes, including tax purposes. CWRU shall not, as a condition of this Agreement, require that additional Units be issued to CWRU by COMPANY to exercise the License Option. Further, until the cumulative fully-diluted ownership percentage of CWRU falls below three percent (3%) of COMPANY, CWRU shall have the right, but not the obligation, to appoint one observer to attend and participate in, but who will not have any voting rights with respect to, all meetings of the Board, all committees of the Board and all sub-committees of the Board (the “Board Observer”). The Board Observer will have the right to receive all meeting materials sent to the members of the Board, comm...

Fees and Consideration. 7.1. In exchange for the provision of the Procurement Services, the Participant agrees to pay AMSC a program administration fee of $0.00315/kWh (the “Program Fee”), to be added to the Long-Term Electricity Purchase Price for the Electricity Term and recovered in accordance with the terms of the Retail Services Agreement. For clarity, this fee only applies to the Electricity Requirement.

Fees and Consideration. A. As full consideration for the services hereunder, Producer shall pay Processor the following fee and Processor shall redeliver to Producer Keepwhole Gas, which delivery shall entitle Processor to retain for its own account and benefit all portions of Producer’s Gas not redelivered under (i) below, together with all components thereof which are recovered by Processor in its Facilities: i. Subject to the downstream capacity limitations, Processor shall redeliver for disposal by Producer at the Redelivery Point(s) as identified on Exhibit B, Keepwhole Gas with a Thermal Content equal to ___% of the Receipt Point Thermal Content. ii. Producer shall pay to Processor a processing fee equal to the Receipt Point Thermal Content multiplied by $________ (“Processing Fee”). B. The Processing Fee set forth in Section 4.A.ii. hereunder will be adjusted on an annual basis in proportion to the percentage change, from the preceding calendar year, in the Consumer Price Index — All Urban Consumers (“CPI-U Index”) as published by the U.S. Department of Labor Bureau of Labor Statistics. The foregoing adjustment shall be made January 1, 20___ and each January 1st thereafter during the Term of this Agreement. In no event shall an adjustment be made if it will result in a decrease of the Processing Fee from the last effective amount of the Processing Fee. If the CPI-U Index ceases to be published, a comparable alternative index shall be substituted in lieu thereof. C. The Keepwhole Gas redelivered to Producer pursuant to paragraph 4.A. above, shall be disposed of by Producer in accordance with the provisions of Exhibit C, attached hereto and made a part hereof.