Common use of OMS Costs Clause in Contracts

OMS Costs. In addition to the variable costs charged under Article III, in compensation for the Services, Multilayer shall be responsible for its share of the costs ("OMS Costs") incurred by Lxxxxxx to operate, manage, maintain, and repair the Thermal Energy Plant and the components thereof (including replacement of broken components) to ensure that the Thermal Energy Plant remains in compliance with all applicable laws, and in a good and workable condition sufficient for providing the Services. OMS Costs shall exclude any variable costs under Article III. It is the parties' intent that except as provided herein all of the costs of operating the Thermal Energy Plant be paid for by the users thereof, according to their peak use, as set forth below. For the purposes of this Agreement, OMS Costs shall include, without limitation, the cost of all utilities (electricity and water), the costs associated with the Operations Maintenance and Services Agreement by and between Multilayer and Veolia Energy Operating Services, LLC dated 9-19-08 and as assigned to Lxxxxxx as of the Commencement Date of the Lease, materials, equipment, labor, salaries, wages, benefits, maintenance, repair, replacement of broken components, costs associated with running the fire pumps located on the Thermal Energy Plant, site administration costs (which shall include but not be limited to real estate taxes assessed against the Thermal Energy Plant, sales taxes levied on equipment and materials purchased in connection with maintenance of the Thermal Energy Plan in its current condition, and other taxes on or related to the Thermal Energy Plant's operations, other than income taxes and capital gains taxes levied on Lxxxxxx or the owner of the Thermal Energy Plant), license and permit fees, insurance, and management fees, if any, charged by the operator retained by Lxxxxxx to operate and maintain the Thermal Energy Plant. If any tax (such as property taxes), insurance, fees, or other expense relates to a period commencing before, or ending after, the term of this Agreement, then OMS Costs shall include only the proportionate share of such tax, insurance, fee or expense which relates to the term of this Agreement. The OMS Costs allocated to Multilayer shall be the product of the ratio (the "Allocation Ratio") of Multilayer's Hot Water and Chilled Water Peak Demand (numerator) over the total monthly Peak Hot Water and Chilled Water Peak Demand (hereinafter defined) for the Multilayer Property, Lxx 0 xxxxx xx Xxxx Xxxxx Xxxx Xx. 00000-X, being the property conveyed by Multilayer to Konarka NB Holdings, LLC, and the Thermal Energy Plant (denominator) on a 12 month rolling average. "Peak Demand" means the highest useage of Hot Water or Chilled Water (as applicable) by a consumer of Hot Water or Chilled water generated by the Thermal Energy Plant in any single hour during a calendar month.

OMS Costs. In addition to the variable costs charged under Article III, in compensation for the Services, Multilayer Konarka shall be responsible for its share of the costs ("OMS Costs") incurred by Lxxxxxx Multilayer to operate, manage, maintain, and repair the Thermal Energy Plant and the components thereof (including replacement of broken or obsolete components) to ensure that the Thermal Energy Plant remains in compliance with all applicable laws, and in a good and workable condition sufficient for providing the Services. OMS Costs shall exclude any variable costs under Article III. It is the parties' intent that except as provided herein all of the costs of operating the Thermal Energy Plant be paid for by the users thereof, according to their peak use, as set forth below. For the purposes of this Agreement, OMS Costs shall include, without limitation, the cost of all utilities (electricity and water), the costs associated with the Operations Maintenance and Services Agreement by and between Multilayer and Veolia Energy Operating Services, LLC dated 9-19-08 and as assigned to Lxxxxxx as of the Commencement Date of the Lease, materials, equipment, labor, salaries, wages, benefits, maintenance, repair, replacement of broken or obsolete components, costs associated with providing compressed air and running the fire pumps located on the Thermal Energy Plant, site administration costs (which shall include but not be limited to real estate taxes assessed against the Thermal Energy Plant, sales taxes levied on equipment and materials purchased in connection with maintenance of the Thermal Energy Plan in its current conditionmaterials, and other taxes on or related to the Thermal Energy Plant's operations, other than income taxes and capital gains taxes levied on Lxxxxxx or the owner of the Thermal Energy Plant), license and permit fees, insurance, and management fees, if any, charged by the operator retained by Lxxxxxx Multilayer to operate and maintain the Thermal Energy Plant). If any tax Multilayer has retained Veolia Energy Operating Services, LLC to provide operating and management services for the Thermal Energy Plant pursuant to an Operation and Maintenance Services Agreement dated as of September 19, 2008 (such as property taxes), insurance, fees, or other expense relates to a period commencing before, or ending afterapplicable replacement thereof entered into in accordance with the terms hereof, the term "O&M Agreement"). All costs payable by Multilayer under such O&M Agreement shall be included within the definition of this Agreement, then OMS Costs shall include only the proportionate share of such tax, insurance, fee or expense which relates to the term of this AgreementCosts. The OMS Costs allocated to Multilayer Konarka shall be the product of the ratio (the "Allocation Ratio") of MultilayerKonarka's Hot Water and Chilled Water Peak Demand (numerator) over the total monthly Peak Hot Water and Chilled Water Peak Demand (hereinafter defined) for the Multilayer Property, Lxx 0 xxxxx xx Xxxx Xxxxx Xxxx Xx. 00000-X, being the property conveyed by Multilayer to Konarka NB Holdings, LLC, and the Thermal Energy Plant (denominator) on a 12 month rolling average. In the first 12 months of the Agreement, the allocation will be adjusted each calendar month such that the Allocation Ratio will be the average of the months since the execution date of this Agreement. "Peak Demand" means the highest useage of Hot Water or Chilled Water (as applicable) by a consumer of Hot Water or Chilled water generated by the Thermal Energy Plant in any single hour during a calendar month.. 11-12-08

OMS Costs. In addition to the variable costs charged under Article III, in compensation for the Services, Multilayer Konarka shall be responsible for its share of the costs ("OMS Costs") incurred by Lxxxxxx Multilayer to operate, manage, maintain, and repair the Thermal Energy Plant and the components thereof (including replacement of broken or obsolete components) to ensure that the Thermal Energy Plant remains in compliance with all applicable laws, and in a good and workable condition sufficient for providing the Services. OMS Costs shall exclude any variable costs under Article III. It is the parties' intent that except as provided herein all of the costs of operating the Thermal Energy Plant be paid for by the users thereof, according to their peak use, as set forth below. For the purposes of this Agreement, OMS Costs shall include, without limitation, the cost of all utilities (electricity and water), the costs associated with the Operations Maintenance and Services Agreement by and between Multilayer and Veolia Energy Operating Services, LLC dated 9-19-08 and as assigned to Lxxxxxx as of the Commencement Date of the Lease, materials, equipment, labor, salaries, wages, benefits, maintenance, repair, replacement of broken or obsolete components, costs associated with providing compressed air and running the fire pumps located on the Thermal Energy Plant, site administration costs (which shall include but not be limited to real estate taxes assessed against the Thermal Energy Plant, sales taxes levied on equipment and materials purchased in connection with maintenance of the Thermal Energy Plan in its current conditionmaterials, and other taxes on or related to the Thermal Energy Plant's operations, other than income taxes and capital gains taxes levied on Lxxxxxx or the owner of the Thermal Energy Plant), license and permit fees, insurance, and management fees, if any, charged by the operator retained by Lxxxxxx Multilayer to operate and maintain the Thermal Energy Plant). If any tax Multilayer has retained Veolia Energy Operating Services, LLC to provide operating and management services for the Thermal Energy Plant pursuant to an Operation and Maintenance Services Agreement dated as of September 19, 2008 (such as property taxes), insurance, fees, or other expense relates to a period commencing before, or ending afterapplicable replacement thereof entered into in accordance with the terms hereof, the term "O&M Agreement"). All costs payable by Multilayer under such O&M Agreement shall be included within the definition of this Agreement, then OMS Costs shall include only the proportionate share of such tax, insurance, fee or expense which relates to the term of this AgreementCosts. The OMS Costs allocated to Multilayer Konarka shall be the product of the ratio (the "Allocation Ratio") of MultilayerKonarka's Hot Water and Chilled Water Peak Demand (numerator) over the total monthly Peak Hot Water and Chilled Water Peak Demand (hereinafter defined) for the Multilayer Property, Lxx 0 xxxxx xx Xxxx Xxxxx Xxxx Xx. 00000-X, being the property conveyed by Multilayer to Konarka NB Holdings, LLC, and the Thermal Energy Plant (denominator) on a 12 month rolling average. In the first 12 months of the Agreement, the allocation will be adjusted each calendar month such that the Allocation Ratio will be the average of the months since the execution date of this Agreement. "Peak Demand" means the highest useage of Hot Water or Chilled Water (as applicable) by a consumer of Hot Water or Chilled water generated by the Thermal Energy Plant in any single hour during a calendar month.