Common use of Mutual Maintenance and Servicing Clause in Contracts

Mutual Maintenance and Servicing. So long as the Manager is EXLP or an EXLP Affiliate, the Manager, the Issuer and the Lessor agree that in order for the Manager to provide mutually beneficial maintenance and servicing of the Owner Compressors in the same manner as it maintains and provides for the Other EXLP Compressors, the Manager is permitted to use parts, engines, inventory or supplies from (x) Other EXLP Compressors to service and maintain the Owner Compressors and the Other EXLP Compressors, and (y) Owner Compressors to service and maintain the Owner Compressors and the Other EXLP Compressors, in all instances in accordance with Sections 2.2 and 2.3 hereof and in the normal and customary business practices of the Manager; provided however, in the event any Owner Compressor is utilized for parts in accordance with the foregoing mutual maintenance and servicing provisions, such Owner Compressor, to the extent not repaired, replaced or rebuilt within 90 days after the date on which such parts or engines were utilized, will become an Ineligible Compressor. The Manager will have the option to replace such Ineligible Compressor with another Compressor of equal or greater value (based on and subject to the criteria set forth in Section 4.02 of the Contribution Agreement) as the Ineligible Compressor within 90 days after the date on which such parts or engines were utilized. To the extent the Compressor added in replacement of any such Ineligible Compressor exceeds the value of such Ineligible Compressor, an appropriate adjustment to approximate such excess value shall be made for the benefit of the Manager to the Operations Fee or the Overhaul Fee. The Issuer and the Manager acknowledge and agree that each party derives independent and mutual benefit from this maintenance and servicing arrangement set forth in this Section 5.13.

Appears in 2 contracts

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

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Mutual Maintenance and Servicing. So long as the Manager is EXLP UCI or an EXLP a Universal Affiliate, the Manager, Manager and the Issuer and the Lessor agree that in order for the Manager to provide mutually beneficial maintenance and servicing of the Owner Compressors in the same manner as it maintains and provides for the Other EXLP UCI Compressors, the Manager is permitted to use parts, engines, inventory or supplies from (x) Other EXLP UCI Compressors to service and maintain the Owner Compressors and the Other EXLP UCI Compressors, and (y) Owner Compressors to service and maintain the Owner Compressors and the Other EXLP UCI Compressors, in all instances in accordance with Sections 2.2 and 2.3 hereof and in the normal and customary business practices of the Manager; provided however, in the event any Owner Compressor is utilized for parts in accordance with the foregoing mutual maintenance and servicing provisions, such Owner Compressor, to the extent not repaired, replaced or rebuilt within 90 days after by the date on end of the calendar month in which such parts or engines were utilized, will become an Ineligible Compressor. The Manager will have the option to replace such Ineligible Compressor with another Compressor of equal or greater value (based on and subject to the criteria set forth in Section 4.02 3.04 of the Contribution Agreement) as the Ineligible Compressor within 90 days after by the date on end of the calendar month in which such utilization of parts or engines were utilizedfirst occurred. To the extent the Compressor added in replacement of any such Ineligible Compressor exceeds the value of such Ineligible Compressor, an appropriate adjustment to approximate such excess value shall be made for the benefit of the Manager to the Operations Fee or the and Overhaul Fee. The Issuer and the Manager acknowledge and agree that each party derives independent and mutual benefit from this maintenance and servicing arrangement set forth in this Section 5.13.

Appears in 1 contract

Samples: Management Agreement (Universal Compression Holdings Inc)

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Mutual Maintenance and Servicing. So long as the Manager is EXLP EI or an EXLP Exterran Affiliate, the Manager, the Issuer and the ABS Lessor agree that in order for the Manager to provide mutually beneficial maintenance and servicing of the Owner Compressors in the same manner as it maintains and provides for the Other EXLP Exterran Compressors, the Manager is permitted to use parts, engines, inventory or supplies from (x) Other EXLP Exterran Compressors to service and maintain the Owner Compressors and the Other EXLP Exterran Compressors, and (y) Owner Compressors to service and maintain the Owner Compressors and the Other EXLP Exterran Compressors, in all instances in accordance with Sections 2.2 and 2.3 hereof and in the normal and customary business practices of the Manager; provided however, in the event any Owner Compressor is utilized for parts in accordance with the foregoing mutual maintenance and servicing provisions, such Owner Compressor, to the extent not repaired, replaced or rebuilt within 90 days after the date on which such parts or engines were utilized, will become an Ineligible Compressor. The Manager will have the option to replace such Ineligible Compressor with another Compressor of equal or greater value (based on and subject to the criteria set forth in Section 4.02 3.04 of the Contribution Agreement) as the Ineligible Compressor within 90 days after the date on which such parts or engines were utilized. To the extent the Compressor added in replacement of any such Ineligible Compressor exceeds the value of such Ineligible Compressor, an appropriate adjustment to approximate such excess value shall be made for the benefit of the Manager to the Operations Fee or and the Overhaul Fee. The Issuer and the Manager acknowledge and agree that each party derives independent and mutual benefit from this maintenance and servicing arrangement set forth in this Section 5.13.

Appears in 1 contract

Samples: Management Agreement (Exterran Holdings Inc.)

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