Maintenance Capital Sample Clauses

Maintenance Capital. (i) With respect to the calendar years 2003, 2004 and 2005, within 15 days following the end of each calendar month, the Buyer shall cause to be prepared and delivered to the Seller a statement, including reasonable detail, of the Maintenance Capital incurred (paid or payable) by the Buyer or any of its Affiliates for the immediately preceding month (such statement, as it may be adjusted pursuant to Section 6(f)(ii) (the "Maintenance Capital Statement"). (ii) Within 10 days of receipt of the Maintenance Capital Statement, the Seller shall deliver to the Buyer a written statement describing in reasonable detail its objections (if any) to any amounts or items set forth on the Maintenance Capital Statement. If the Seller does not raise objections within such period, then, the Maintenance Capital Statement shall become final and binding upon all Parties at the end of such 10 day period. If the Seller raises objections, the Parties shall negotiate in good faith to resolve any such objections. If the Parties are unable to resolve any disputed item within 10 days after the Buyer's receipt of the Seller's objection to the Maintenance Capital Statement, any such disputed item shall be submitted to a nationally recognized independent accounting firm mutually agreeable to the Parties who shall be instructed to resolve such disputed item within 30 days. The resolution of disputes by the accounting firm so selected shall be set forth in writing and shall be conclusive, binding and non-appealable upon the Parties and the Closing Statement shall become final and binding upon the date of such resolution. The fees and expenses of such accounting firm shall be paid one-half by the Buyer and one-half by the Seller. (iii) If the aggregate Maintenance Capital incurred (paid or payable) by the Buyer or any of its Affiliates for a calendar year exceeds the Minimum Annual Capital Maintenance Amount for such year, the Seller shall pay to the Buyer (or its designee) the amount of such excess; provided that Seller's payment obligations with respect to Maintenance Capital incurred (paid or payable) by the Buyer or any of its Affiliates shall not exceed the Maximum Annual Maintenance Reimbursement for the relevant year. Any amount to be paid by the Seller to the Buyer shall be paid in the manner and with interest as provided in Section 6(f)(iv) at a mutually convenient time and place within five business days after the later of acceptance of the Maintenance Capital Statement or the re...

Maintenance Capital. WilTel hereby further covenants and agrees that it shall expend maintenance capital in the ordinary course of business consistent with past business practices necessary to sustain its network operations and services.

Maintenance Capital. The forecast average rate base is $1,111.677 million for 2008, $1,112.036 million for 2009 and $1,116.376 million for 2010. These amounts include forecast maintenance capital expenditures transferred to Gas Plant In-Service of $30.829 million ($29.982 million, excluding AFUDC) in 2008, $49.964 million ($48.721 million, excluding AFUDC) in 2009 and $31.956 million ($31.076 million, excluding AFUDC) in 2010 (including in the case of each year, forecast general plant additions, AFUDC and ODC and excluding forecast capital expenditures for pipeline integrity). The 2008, 2009 and 2010 revenue requirement will not be adjusted for any difference between the forecast and actual maintenance capital expenditures.