Common use of Maintenance; Manager’s Expenses Clause in Contracts

Maintenance; Manager’s Expenses. (a) The Manager shall, consistent with the Services Standard, cause the Owner Compressors to be maintained in good operating order and condition. The standard for such maintenance shall be the highest of the following: (i) any standard required or set forth for the Owner Compressors by Applicable Law, (ii) the Services Standard, (iii) with respect to the Owner Compressors utilized to provide contract compression services, any standard set forth in the related User Contract, and (iv) with respect to the Owner Compressors leased to a User, any standard set forth in the related User Contract. All amounts expended by the Manager for maintenance (other than maintenance, modifications, repackagings and overhauls made in compliance with Section 5.6(b) hereof) of the Owner Compressors, after reduction of such amounts for maintenance payments actually received by the Manager pursuant to the terms of any related User Contract, shall be an expense of the Manager and not subject to reimbursement by the Issuer except as part of the Operations Fee. (i) The Manager shall conduct, or cause to be conducted, overhauls of the Owner Compressors at such intervals and in such detail as it conducts overhauls of the Other EXLP Compressors (or, if the Manager is not EXLP or an EXLP Affiliate, Compressors or equipment of a type similar to the Compressors that are owned, managed, maintained, operated or for which contract compression services are provided by such Manager (or by any subcontractor or delegate appointed by Manager and permitted under Section 2.5(a)) for Manager’s own account and for the account of third parties other than the Issuer and the Lessor). (ii) Maintenance, modifying, repackaging and/or overhauls of the Owner Compressors that are capitalized in accordance with GAAP may be performed by the Manager or third parties as reasonably determined by the Manager. For such maintenance, modifying, repackaging and/or overhauls of the Owner Compressors, the Issuer will pay the Overhaul Fee.

Appears in 2 contracts

Samples: Management Agreement (Exterran Partners, L.P.), Management Agreement (Exterran Partners, L.P.)

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Maintenance; Manager’s Expenses. (a) The Manager shall, consistent with the Services Standard, cause the Owner Compressors to be maintained in good operating order and condition. The standard for such maintenance shall be consistent with the Services Standard and shall be the highest of the following: (i) any standard required or set forth for the Owner Compressors by Applicable Law, (ii) the Services Standardany standard set by Manager for Other UCI Compressors of similar type, model and age; (iii) with respect to the Owner Compressors utilized to provide contract compression servicesHead Lessor Compressors, any standard the standards set forth in the related User ContractHead Lease, and (iv) with respect to the Owner Compressors leased to a each User, any standard set forth in the related User ContractLease. All amounts expended by the Manager for maintenance (other than maintenance, modifications, repackagings and overhauls an overhaul made in compliance with Section 5.6(b) hereof) of the Owner Compressors, after reduction of such amounts for maintenance payments actually received by the Manager pursuant to the terms of any related User ContractLease, shall be an at the expense of the Manager and not subject to reimbursement by the Issuer except as part of the Operations FeeManager. (ib) The Manager shall conduct, or cause to be conducted, overhauls of the Owner Compressors at such intervals and in such detail as it conducts overhauls of the Other EXLP Compressors (or, if the Manager is not EXLP or an EXLP Affiliate, Compressors or equipment of a type similar to the Compressors that are owned, managed, maintained, operated or for which contract compression services are provided by such Manager (or by any subcontractor or delegate appointed by Manager and permitted under Section 2.5(a)) for Manager’s own account and for the account of third parties other than the Issuer and the Lessor)UCI Compressors. (iic) Maintenance, modifying, repackaging Maintenance and/or overhauls of the Owner Compressors that are capitalized in accordance with GAAP may be performed by the Manager or third parties as reasonably determined by the Manager. For such maintenanceoverhauls, modifying, repackaging and/or overhauls of the Owner Compressors, the Issuer will pay for (i) materials at Manager's actual cost therefor and (ii) labor at hourly rates established by Manager from time to time (the sum of (i) and (ii), an "Overhaul Fee"). Such hourly rates shall be based upon Manager's direct costs of labor and shall include amounts for Manager's plant or facility overhead based on Manager's job cost system for allocating overhead.

Appears in 1 contract

Samples: Management Agreement (BRL Universal Equipment Corp)

Maintenance; Manager’s Expenses. (a) The Manager shall, consistent with the Services Standard, cause the Owner Compressors to be maintained in good operating order and condition. The standard for such maintenance shall be the highest of the following: (i) any standard required or set forth for the Owner Compressors by Applicable Law, (ii) the Services Standard, and (iii) with respect to the Owner Compressors utilized provided to provide contract compression services, any standard set forth in the related User Contract, and (iv) with respect to the Owner Compressors leased to a User, any standard set forth in the related User Contract. All amounts expended by the Manager for maintenance (other than maintenance, modifications, repackagings and overhauls an overhaul made in compliance with Section 5.6(b) hereof) of the Owner Compressors, after reduction of such amounts for maintenance payments actually received by the Manager pursuant to the terms of any related User Contract, shall be an at the expense of the Manager and not subject to reimbursement by the Issuer except as part of the Operations FeeManager. (ib) The Manager shall conduct, or cause to be conducted, overhauls of the Owner Compressors at such intervals and in such detail as it conducts overhauls of the Other EXLP Exterran Compressors (or, if the Manager is not EXLP EI or an EXLP Exterran Affiliate, Compressors or equipment of a type similar to the Compressors that are owned, managed, maintained, operated operated, managed or for which contract compression services are provided by such Manager (or by any subcontractor or delegate appointed by Manager and permitted under Section 2.5(a)) for Manager’s its own account and for the account of third parties other than the Issuer and the ABS Lessor). (iic) Maintenance, modifying, repackaging and/or overhauls of the Owner Compressors that are capitalized in accordance with GAAP may be performed by the Manager or third parties as reasonably determined by the Manager. For such maintenance, modifying, repackaging and/or overhauls of the Owner Compressors, the Issuer will pay for (i) materials, supplies and parts at the Manager’s actual out-of-pocket cost therefor and (ii) labor at hourly rates established by the Manager from time to time; provided that such costs and rates are reasonable and consistent with industry expenses for such services (the sum of (i) and (ii), the “Overhaul Fee”). Such hourly rates shall be based upon the Manager’s direct costs of labor plus amounts for the Manager’s plant or facility overhead based on the Manager’s job cost system for allocating overhead.

Appears in 1 contract

Samples: Management Agreement (Exterran Holdings Inc.)

Maintenance; Manager’s Expenses. (a) A. The Manager shall, consistent with the Services Standard, cause the Owner Compressors to be maintained in good operating order and condition. The standard for such maintenance shall be the highest of the following: (i) any standard required or set forth for the Owner Compressors by Applicable Law, (ii) the Services Standard, and (iii) with respect to the Owner Compressors utilized to provide contract compression services, any standard set forth in the related User Contract, and (iv) with respect to the Owner Compressors leased to a each User, any standard set forth in the related User ContractLease. All amounts expended by the Manager for maintenance (other than maintenance, modifications, repackagings and overhauls an overhaul made in compliance with Section 5.6(b) hereof) of the Owner Compressors, after reduction of such amounts for maintenance payments actually received by the Manager pursuant to the terms of any related User ContractLease, shall be an at the expense of the Manager and not subject to reimbursement by the Issuer except as part of the Operations FeeManager. (i) B. The Manager shall conduct, or cause to be conducted, overhauls of the Owner Compressors at such intervals and in such detail as it conducts overhauls of the Other EXLP UCI Compressors (or, if the Manager is not EXLP UCI or an EXLP AffiliateAffiliate of UCI, Compressors or equipment of a type similar to the Compressors that are is owned, managed, maintained, operated leased or for which contract compression services are provided managed by such Manager (or by any subcontractor or delegate appointed by Manager and permitted under Section 2.5(a)) for Manager’s its own account and for the account of or third parties other than the Issuer and the LessorOwners). (ii) Maintenance, modifying, repackaging C. Maintenance and/or overhauls of the Owner Compressors that are capitalized in accordance with GAAP may be performed by the Manager or third parties as reasonably determined by the Manager. For such maintenanceoverhauls, modifying, repackaging and/or overhauls the Owner of the applicable Owner Compressors, the Issuer Compressor(s) will pay for (i) materials, supplies and direct parts at the Manager's actual cost therefor and (ii) labor at hourly rates established by the Manager from time to time; provided that such costs are reasonable and consistent with industry expenses (the sum of (i) and (ii), an "Overhaul Fee"). Such hourly rates shall be based upon the Manager's direct costs of labor and shall include amounts for the Manager's plant or facility overhead based on the Manager's job cost system for allocating overhead.

Appears in 1 contract

Samples: Management Agreement (Universal Compression Inc)

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Maintenance; Manager’s Expenses. (a) The Manager shall, consistent with the Services Standard, cause the Owner Compressors to be maintained in good operating order and condition. The standard for such maintenance shall be the highest of the following: (i) any standard required or set forth for the Owner Compressors by Applicable Law, (ii) the Services Standard, and (iii) with respect to the Owner Compressors utilized provided to provide contract compression services, any standard set forth in the related User Contract, and (iv) with respect to the Owner Compressors leased to a User, any standard set forth in the related User Contract. All amounts expended by the Manager for maintenance (other than maintenance, modifications, repackagings and overhauls an overhaul made in compliance with Section 5.6(b) hereof) of the Owner Compressors, after reduction of such amounts for maintenance payments actually received by the Manager pursuant to the terms of any related User Contract, shall be an at the expense of the Manager and not subject to reimbursement by the Issuer except as part of the Operations FeeManager. (ib) The Manager shall conduct, or cause to be conducted, overhauls of the Owner Compressors at such intervals and in such detail as it conducts overhauls of the Other EXLP UCI Compressors (or, if the Manager is not EXLP UCI or an EXLP a Universal Affiliate, Compressors or equipment of a type similar to the Compressors that are is owned, managed, maintained, operated operated, managed or for which contract compression services are provided by such Manager (or by any subcontractor or delegate appointed by Manager and permitted under Section 2.5(a)) for Manager’s its own account and for the account of third parties other than the Issuer and the LessorIssuer). (iic) Maintenance, modifying, repackaging and/or overhauls of the Owner Compressors that are capitalized in accordance with GAAP may be performed by the Manager or third parties as reasonably determined by the Manager. For such maintenance, modifying, repackaging and/or overhauls of the Owner CompressorsCompressor(s), the Issuer will pay for (i) materials, supplies and parts at the Manager’s actual out-of-pocket cost therefor and (ii) labor at hourly rates established by the Manager from time to time; provided that such costs and rates are reasonable and consistent with industry expenses for such services (the sum of (i) and (ii), an “Overhaul Fee”). Such hourly rates shall be based upon the Manager’s direct costs of labor plus amounts for the Manager’s plant or facility overhead based on the Manager’s job cost system for allocating overhead.

Appears in 1 contract

Samples: Management Agreement (Universal Compression Holdings Inc)

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