Common use of Operating and Maintenance Fee Clause in Contracts

Operating and Maintenance Fee. ECS shall pay Operator an operating and maintenance fee to operate and maintain the Compressor Motor Facilities (including the provision of administrative services) (the "Operating and Maintenance Fee"). The Operating and Maintenance Fee shall be the O&M Conversion Factor (based on the Load Factor for such month, as set forth in the table in Exhibit "B") multiplied by Total Shaft Energy. In no event shall the total of all Operation and Maintenance Fees for any Contract Year be less than $______. The Operating and Maintenance Fee covers all of Operator’s operation and maintenance costs (including, but not limited to capital expenditures) incurred in the operation of the Compressor Motor Facilities, and the cost of all scheduled maintenance and repair for the particular Contract Year. Notwithstanding the above, the Operating and Maintenance Fee shall not cover any costs associated with the repair and/or replacement of facilities that are covered under Owner’s insurance protection as specified in Article 10 herein, the cost of such insurance, and any ad valorem taxes relating to the Compressor Motor Facilities. Operator shall invoice the Owner for the Operating and Maintenance Fee for the immediately preceding month within 20 days of the 1st day of each month. Owner shall provide to Operator the necessary information required for calculation of the Load Factor within 15 days of the 1st day of each month. The Operating and Maintenance Fee shall be paid by Owner to Operator within 10 days of Owner's receipt of such invoice by wire transfer to an account to be designated by Operator. Should this Agreement terminate prior to the end of any month the Operating and Maintenance fee shall be prorated based upon the portion of the month in which the Agreement was in effect.

Operating and Maintenance Fee. ECS shall pay Operator an operating and maintenance fee to operate and maintain the Compressor Motor Facilities (including the provision of administrative services) (the "Operating and Maintenance Fee"). The Operating and Maintenance Fee shall be the O&M Conversion Factor (based on the Load Factor for such month, as set forth in the table in Exhibit "B") multiplied by Total Shaft Energy. In no event shall the total of all Operation and Maintenance Fees for any Contract Year month be less than $______8,750. The Operating and Maintenance Fee covers all of Operator’s operation and maintenance costs (including, but not limited to capital expenditures) incurred in the operation of the Compressor Motor FacilitiesFacilities hereunder including, without limitation, (i) all and the cost of Interconnection Facilities hereunder including, without limitation, (i) all capital expenditures, (ii) all scheduled maintenance and repair for the particular Contract Year, (iii) all operations, (iv) all emergency services, (v) all costs of Operator's insurance required per Article 10 of this Agreement. Notwithstanding The Operating and Maintenance Feealso covers all of Operator’s operation and maintenance costs incurred in the operation of the Interconnection Facilities hereunder including, without limitation, (i) all scheduled maintenance and routine repair for the particular Contract Year and (ii) all operations. TheNotwithstanding the above, the Operating and Maintenance Fee shall not cover cover(i) any costs associated with the repair and/or replacement of facilities the Interconnection Facilitiesfacilities that are covered under Owner’s ECS' insurance protection as specified in Article 10 herein, herein,(ii) the cost costs of such insuranceinsurance,(iii) capital expenditures on the Interconnection Facilities, (iv) and any ad valorem taxes relating to the Compressor Motor Interconnection Facilities. Operator shall invoice the Owner for the Operating and Maintenance Fee for the immediately preceding month within 20 days of the 1st day of each month. Owner shall provide to Operator the necessary information required for calculation of the Load Factor within 15 days of the 1st day of each month. The Operating and Maintenance Fee shall be paid by Owner to Operator within 10 days of Owner's receipt of such invoice by wire transfer to an account to be designated by Operator. Should this Agreement terminate prior to the end of any month the Operating and Maintenance fee shall be prorated based upon the portion of the month in which the Agreement was in effectFacilities.

Operating and Maintenance Fee. ECS shall pay Operator an operating and maintenance fee to operate and maintain the Compressor Motor Facilities (including the provision of administrative services) (the "Operating and Maintenance Fee"). The Operating and Maintenance Fee shall be the O&M Conversion Factor (based on the Load Factor for such month, as set forth in the table in Exhibit "B") multiplied by Total Shaft Energy. In no event shall the total of all Operation and Maintenance Fees for any Contract Year month be less than $______4,166. The Operating and Maintenance Fee covers all of Operator’s operation and maintenance costs (including, but not limited to capital expenditures) incurred in the operation of the Compressor Motor Facilities, and the cost of all scheduled maintenance and repair for the particular Contract Year. Notwithstanding the above, the Operating and Maintenance Fee shall not cover any costs associated with the repair and/or replacement of facilities that are covered under Owner’s insurance protection as specified in Article 10 herein, the cost of such insurance, and any ad valorem taxes relating to the Compressor Motor Facilities. Operator shall invoice the Owner for the Operating and Maintenance Fee for the immediately preceding month within 20 days of the 1st day of each month. Owner shall provide to Operator the necessary information required for calculation of the Load Factor within 15 days of the 1st day of each month. The Operating and Maintenance Fee shall be paid by Owner to Operator within 10 days of Owner's receipt of such invoice by wire transfer to an account to be designated by Operator. Should this Agreement terminate prior to the end of any month the Operating and Maintenance fee shall be prorated based upon the portion of the month in which the Agreement was in effect.