Common use of Title Benefit Amount Clause in Contracts

Title Benefit Amount. The Title Benefit Amount resulting from a Title Benefit shall be determined in accordance with the following methodology, terms and conditions: (i) if Buyer and Seller agree on the Title Benefit Amount, then that amount shall be the Title Benefit Amount; and (ii) if the Title Benefit represents a discrepancy between (A) the Net Revenue Interest for any Subject Well or Lease and (B) the Net Revenue Interest stated in Exhibit B (or, with respect to a Lease in Exhibit A-1, the Net Revenue Interest determined by subtracting the royalties, overriding royalties and other burdens shown on Exhibit A-1 for such Lease from 100%) and the Working Interest is not increased proportionately, then the Title Benefit Amount shall be the product of the Allocated Value of the Conveyed Interest attributable to the affected Subject Well or Lease multiplied by a fraction, the numerator of which is the Net Revenue Interest increase and the denominator of which is the Net Revenue Interest stated in Exhibit B (or, with respect to a Lease in Exhibit A-1, the Net Revenue Interest determined by subtracting the royalties, overriding royalties and other burdens shown on Exhibit A-1 for such Lease from 100%); provided that if the Net Revenue Interest increase does not affect the Subject Well or Lease throughout the entire life of the Subject Well or Lease, the Title Benefit Amount determined under this Section 11.2(h) shall be reduced to take into account the applicable time period only; and (iii) If the Title Benefit represents a discrepancy between (A) the Net Acres for any Lease and (B) the Net Acres for such Lease stated in Exhibit A-1, then the Title Benefit Amount shall be the product obtained by multiplying the positive difference between such Net Acres amounts by the Net Acre Allocation applicable to such Lease. The Title Carry Increase Amount resulting from a Title Benefit shall equal the same percentage of the Allocated Carry for each affected Lease that the Title Benefit Amount bears to the Allocated Value of such Lease.

Title Benefit Amount. The Title Benefit Amount resulting from a Title Benefit shall be determined in accordance with the following methodology, terms and conditions: (i) if Buyer and Seller SM Energy agree on the Title Benefit Amount, then that amount shall be the Title Benefit Amount; and; (ii) if the Title Benefit represents a discrepancy an increase between (A) the Net Revenue Interest for any Subject Well or Lease Title Benefit Property and (B) the Net Revenue Interest for such Title Benefit Property stated in Exhibit B (orSchedule 2.5, with respect to a Lease in Exhibit A-1, the Net Revenue Interest determined by subtracting the royalties, overriding royalties and other burdens shown on Exhibit A-1 for such Lease from 100%) and the Working Interest is not has increased proportionately, then the Title Benefit Amount shall be the product of the Allocated Value of the Conveyed Interest attributable to the affected Subject Well or Lease such Title Benefit Property multiplied by a fraction, the numerator of which is the positive difference between such Net Revenue Interest increase values, and the denominator of which is the Net Revenue Interest for such Title Benefit Property stated in Exhibit B (orSchedule 2.5, with respect to a Lease in Exhibit A-1, the Net Revenue Interest determined by subtracting the royalties, overriding royalties and other burdens shown on Exhibit A-1 for such Lease from 100%); provided that if the Net Revenue Interest increase does not affect the Subject Well or Lease Title Benefit Property throughout the its entire life of the Subject Well or Leaselife, the Title Benefit Amount determined under this Section 11.2(h6.2(g) shall be reduced to take into account the applicable time period only; and; (iii) If if the Title Benefit represents is of a discrepancy between (A) the Net Acres for any Lease and (B) the Net Acres for such Lease stated in Exhibit A-1type not described above, then the applicable Title Benefit Amount shall be determined by taking into account the product obtained by multiplying Allocated Value of the positive difference between such Net Acres amounts by the Net Acre Allocation applicable to such Lease. The Title Carry Increase Amount resulting from a Title Benefit shall equal Property, the same percentage portion of the Allocated Carry for each Title Benefit Property affected Lease that by such Title Benefit, the legal effect of the Title Benefit, the potential economic effect of the Title Benefit over the life of such Title Benefit Property, the values placed upon the Title Benefit by Buyer and SM Energy and such other reasonable factors as are necessary to make a proper evaluation; and (iv) the Title Benefit Amount bears with respect to the Allocated Value a Title Benefit Property shall be determined without duplication of such Leaseany items or amounts included in any other Title Benefit Amount hereunder.

Title Benefit Amount. The Title Benefit Amount resulting from a Title Benefit shall be determined in accordance with the following methodology, terms and conditions: (i) if Buyer and Seller agree on the Title Benefit Amount, then that amount shall be the Title Benefit Amount; and; (ii) if the Title Benefit represents a discrepancy between (A) the Net Revenue Interest for any Subject Well or Lease and (B) the Net Revenue Interest stated set forth in Exhibit B (or, with respect to a Lease in Exhibit A-1, the Net Revenue Interest determined by subtracting the royalties, overriding royalties and other burdens shown on Exhibit A-1 A for such Lease from 100%) Lease, and the Working Interest is not increased proportionately, then the Title Benefit Amount shall be the product of (X) the Allocated Value of the Conveyed Interest Interests attributable to the affected Subject Well or Lease multiplied by (Y) a fraction, the numerator of which is the Net Revenue Interest increase and the denominator of which is the Net Revenue Interest stated set forth in Exhibit B (or, with respect to a Lease in Exhibit A-1, the Net Revenue Interest determined by subtracting the royalties, overriding royalties and other burdens shown on Exhibit A-1 A for such Lease from 100%)Lease; provided that if the Net Revenue Interest increase does not affect the Subject Well or Lease throughout the entire life of the Subject Well or Lease, then the Title Benefit Amount determined under this Section 11.2(h) shall be reduced to take into account the applicable time period only; and (iii) If if the Title Benefit represents a discrepancy between (A) the actual Net Acres for any Lease and (B) the Net Acres for such Lease stated in Exhibit A-1A, then the Title Benefit Amount shall be the product obtained by multiplying the positive difference between such Net Acres amounts by the Net Acre Allocation applicable to such Lease. The Title Carry Increase Amount resulting from a Title Benefit shall equal the same percentage of the Allocated Carry for each affected Lease that the Title Benefit Amount bears to the Allocated Value of (on a per acre dollar amount) for such Lease.Lease set forth on Exhibit A.

Title Benefit Amount. The Title Benefit Amount resulting from a Title Benefit shall be determined in accordance with the following methodology, terms and conditions: (i) if Buyer BG and Seller EXCO agree on the Title Benefit Amount, then that amount shall be the Title Benefit Amount; and (ii) if the Title Benefit represents a discrepancy between (A) the Net Revenue Interest for any Subject Warranty Well or Lease and (B) the Net Revenue Interest stated in Exhibit B (or, with respect to a Lease in Exhibit A-1A, the Net Revenue Interest determined by subtracting the royalties, overriding royalties and other burdens shown on Exhibit A-1 A for such Lease from 100%) and the Working Interest is not increased proportionately, then the Title Benefit Amount shall be the product of the Allocated Value of the Conveyed Subject Interest attributable to the affected Subject Warranty Well or Lease multiplied by a fraction, the numerator of which is the Net Revenue Interest increase and the denominator of which is the Net Revenue Interest stated in Exhibit B (or, with respect to a Lease in Exhibit A-1A, the Net Revenue Interest determined by subtracting the royalties, overriding royalties and other burdens shown on Exhibit A-1 A for such Lease from 100%); provided that if the Net Revenue Interest increase does not affect the Subject Warranty Well or Lease throughout the entire life of the Subject Warranty Well or Lease, the Title Benefit Amount determined under this Section 11.2(h) shall be reduced to take into account the applicable time period only; and (iii) If the Title Benefit represents a discrepancy between (A) the Net Acres for any Lease and (B) the Net Acres for such Lease stated in Exhibit A-1A, then the Title Benefit Amount shall be the product obtained by multiplying the positive difference between such Net Acres amounts by the Net Acre Allocation applicable to such Lease. The Title Carry Increase Amount resulting from a Title Benefit shall equal the same percentage of the Allocated Carry for each affected Lease that the Title Benefit Amount bears to the Allocated Value of such Lease.

Title Benefit Amount. The Title Benefit Amount resulting from a Title Benefit shall be determined in accordance with the following methodology, terms and conditions: (i) if Buyer and Seller SM Energy agree on the Title Benefit Amount, then that amount shall be the Title Benefit Amount; and; (ii) if the Title Benefit represents a discrepancy an increase between (A) the Net Revenue Interest for any Subject Well or Lease Title Benefit Property and (B) the Net Revenue Interest for such Title Benefit Property stated in Exhibit B (orB, with respect to a Lease in Exhibit A-1, the Net Revenue Interest determined by subtracting the royalties, overriding royalties and other burdens shown on Exhibit A-1 for such Lease from 100%) and the Working Interest is not has increased proportionately, then the Title Benefit Amount shall be the product of the Allocated Value of the Conveyed Interest attributable to the affected Subject Well or Lease such Title Benefit Property multiplied by a fraction, the numerator of which is the positive difference between such Net Revenue Interest increase values, and the denominator of which is the Net Revenue Interest for such Title Benefit Property stated in Exhibit B (orB, with respect to a Lease in Exhibit A-1, the Net Revenue Interest determined by subtracting the royalties, overriding royalties and other burdens shown on Exhibit A-1 for such Lease from 100%); provided that if the Net Revenue Interest increase does not affect the Subject Well or Lease Title Benefit Property throughout the its entire life of the Subject Well or Leaselife, the Title Benefit Amount determined under this Section 11.2(h6.2(g) shall be reduced to take into account the applicable time period only; and; (iii) If if the Title Benefit represents is of a discrepancy between (A) the Net Acres for any Lease and (B) the Net Acres for such Lease stated in Exhibit A-1type not described above, then the applicable Title Benefit Amount shall be determined by taking into account the product obtained by multiplying Allocated Value of the positive difference between such Net Acres amounts by the Net Acre Allocation applicable to such Lease. The Title Carry Increase Amount resulting from a Title Benefit shall equal Property, the same percentage portion of the Allocated Carry for each Title Benefit Property affected Lease that by such Title Benefit, the legal effect of the Title Benefit, the potential economic effect of the Title Benefit over the life of such Title Benefit Property, the values placed upon the Title Benefit by Buyer and SM Energy and such other reasonable factors as are necessary to make a proper evaluation; and (iv) the Title Benefit Amount bears with respect to the Allocated Value a Title Benefit Property shall be determined without duplication of such Leaseany items or amounts included in any other Title Benefit Amount hereunder.

Title Benefit Amount. The Title Benefit Amount resulting from a Title Benefit shall be determined in accordance with the following methodology, terms and conditionsas follows: (i) if Buyer and Seller agree on in writing upon the Title Benefit Amount, then that amount shall be the Title Benefit Amount; and; (ii) if the Title Benefit represents a discrepancy between (A) the Company’s aggregate Net Acre ownership in any Lease and (B) amount of Net Acres shown for such Lease in Annex A-1, and there is no discrepancy between the aggregate Net Revenue Interest of the Company in such Lease and the Net Revenue Interest set forth for such Lease in Annex A-1, then the Title Benefit Amount shall be the product of the Allocated Value of such Lease multiplied by a fraction, the numerator of which is difference between the number of Net Acres owned by the Company in such Lease and the number of Net Acres set forth for such Lease in Annex A-1, and the denominator of which is the Net Acres set forth for such Lease in Annex A-1; (iii) if the Title Benefit represents a discrepancy between (A) the Net Revenue Interest for any Subject Well or Lease Oil & Gas Interest and (B) the Net Revenue Interest stated in Exhibit B (or, with respect to a Lease such Oil & Gas Interest in Exhibit A-1, the Net Revenue Interest determined by subtracting the royalties, overriding royalties and other burdens shown on Exhibit Annex A-1 for such Lease from 100%) and the Working Interest is not increased proportionatelyor Annex A-2, then the Title Benefit Amount shall be the product of the Allocated Value of the Conveyed affected Oil & Gas Interest attributable to the affected Subject Well or Lease multiplied by a fraction, the numerator of which is the increase in the Company’s aggregate Net Revenue Interest increase in such Oil & Gas Interest and the denominator of which is the Net Revenue Interest stated in Exhibit B (or, Annex A-1 or Annex A-2 with respect to a Lease in Exhibit A-1such Oil & Gas Interest; provided, the Net Revenue Interest determined by subtracting the royaltieshowever, overriding royalties and other burdens shown on Exhibit A-1 for such Lease from 100%); provided that if the Net Revenue Interest increase Title Benefit does not affect the Subject Well or Lease an Oil & Gas Interest throughout the entire productive life of the Subject Well Lease or LeaseWell, the Title Benefit Amount determined under this Section 11.2(h3.1(h) shall be reduced to take into account the applicable time period only; and; (iiiiv) If the if a Title Benefit represents a discrepancy between right, circumstance, or condition of a type not described in subsections (Ai), (ii) the Net Acres for any Lease and or (Biii) the Net Acres for such Lease stated in Exhibit A-1of this Section 3.1(h), then the Title Benefit Amount shall be determined by taking into account the product obtained Allocated Value of the Lease or Well so affected, the portion of Seller’s interest in the Lease or Well so affected, the legal effect of the Title Benefit, the potential discounted economic effect of the Title Benefit over the productive life of any affected Lease or Well, the values placed upon the Title Benefit by multiplying Buyer and Seller, and such other factors as are necessary to make a proper evaluation; (v) notwithstanding anything to the positive difference between such Net Acres amounts by the Net Acre Allocation applicable to such Lease. The Title Carry Increase Amount resulting from contrary in this Article 3, an individual claim for a Title Benefit shall equal only generate an adjustment to the same percentage of the Allocated Carry for each affected Lease that Adjustment Amount if the Title Benefit Amount bears with respect thereto exceeds the Title Threshold Amount; and (vi) the aggregate Title Benefit Amounts shall only be applied as an offset to the Allocated Value of such Leaseaggregate, finally determined Title Defect Amounts that individually exceed the Title Threshold Amount and shall in no event increase the Purchase Price hereunder.

Title Benefit Amount. The Title Benefit Amount resulting from a Title Benefit shall be the amount by which the Allocated Value of the Title Benefit Property is increased as a result of the existence of such Title Benefit and shall be determined in accordance with the following methodology, terms and conditions: (i) if Buyer and Seller agree in writing on the Title Benefit Amount, then that amount shall be the Title Benefit Amount; and; (ii) if the Title Benefit represents a discrepancy between (A) the actual Net Acres for any Undeveloped Lease and (B) the Net Acres for such Undeveloped Lease stated on Exhibit A, then the Title Benefit Amount shall be the product obtained by multiplying the Allocated Value for such Undeveloped Lease set forth on Exhibit A by a fraction, the numerator of which is the Net Acre increase for such Undeveloped Lease and the denominator of which is the Net Acres for such Undeveloped Lease stated on Exhibit A; provided that if the Title Benefit does not affect such Undeveloped Lease throughout the life of such Undeveloped Lease, then the Title Benefit Amount determined under this Section 8.2(g)(ii) shall be reduced to take into account the applicable time period only; (iii) if the Title Benefit represents a discrepancy between (A) Seller’s Net Revenue Interest for any Subject Well or Lease Future Well, as applicable, and (B) the Net Revenue Interest stated in Exhibit B (or, with respect to a Lease in Exhibit A-1, the Net Revenue Interest determined by subtracting the royalties, overriding royalties and other burdens shown set forth on Exhibit A-1 A for such Lease from 100%) and the Working Interest is not increased proportionatelyWell or Future Well, as applicable, then the Title Benefit Amount shall be the product of (x) the Allocated Value of the Conveyed Interest attributable to the affected Subject such Well or Lease Future Well, as applicable, multiplied by (y) a fraction, the numerator of which is the absolute value of such Net Revenue Interest increase and the denominator of which is the Net Revenue Interest stated in Exhibit B (or, with respect to a Lease in Exhibit A-1, the Net Revenue Interest determined by subtracting the royalties, overriding royalties and other burdens shown set forth on Exhibit A-1 A for such Lease from 100%)Well or Future Well, as applicable; provided that if the increased Net Revenue Interest increase does not affect the Subject Well or Lease Future Well, as applicable, throughout the entire life of the Subject Well or LeaseFuture Well, as applicable, then the Title Benefit Amount determined under this Section 11.2(h8.2(g)(iii) shall be reduced to take into account the applicable time period only; and; (iiiiv) If if the Title Benefit represents with respect to the Title Benefit Property is of a discrepancy between (A) the Net Acres for any Lease and (B) the Net Acres for such Lease stated in Exhibit A-1type not described above, then the Title Benefit Amount shall be the product obtained determined by multiplying the positive difference between such Net Acres amounts by the Net Acre Allocation applicable to such Lease. The Title Carry Increase Amount resulting from a Title Benefit shall equal the same percentage of the Allocated Carry for each affected Lease that the Title Benefit Amount bears to taking into account the Allocated Value of the Title Benefit Property, the portion of the Title Benefit Property affected by the Title Benefit, the legal effect of the Title Benefit, the economic effect of the Title Benefit over the life of the Title Benefit Property, the values placed upon the Title Benefit by Buyer and Seller and such Leaseother reasonable factors as are necessary to make a proper evaluation; and (v) The Title Benefit Amount with respect to a Title Benefit Property shall be determined without duplication of any benefit included in another Title Benefit Amount pertaining to such Title Benefit Property.

Title Benefit Amount. The Title Benefit Amount resulting from a Title Benefit shall be determined in accordance with the following methodology, terms and conditions: (i) if Buyer and Seller SM Energy agree on the Title Benefit Amount, then that amount shall be the Title Benefit Amount; and; (ii) if the Title Benefit represents a discrepancy an increase between (A) the Net Revenue Interest for any Subject Well or Lease Title Benefit Property and (B) the Net Revenue Interest for such Title Benefit Property stated in Exhibit B (orB, with respect to a Lease in Exhibit A-1, the Net Revenue Interest determined by subtracting the royalties, overriding royalties and other burdens shown on Exhibit A-1 for such Lease from 100%) and the Working Interest is not has increased proportionately, then the Title Benefit Amount shall be the product of the Allocated Value of the Conveyed Interest attributable to the affected Subject Well or Lease such Title Benefit Property multiplied by a fraction, the numerator of which is the positive difference between such Net Revenue Interest increase values, and the denominator of which is the Net Revenue Interest for such Title Benefit Property stated in Exhibit B (orB; provided, with respect to a Lease in Exhibit A-1, the Net Revenue Interest determined by subtracting the royalties, overriding royalties and other burdens shown on Exhibit A-1 for such Lease from 100%); provided that if the Net Revenue Interest increase does not affect the Subject Well or Lease Title Benefit Property throughout the its entire life of the Subject Well or Leaselife, the Title Benefit Amount determined under this Section 11.2(h‎6.2(g) shall be reduced to take into account the applicable time period only; and; (iii) If if the Title Benefit represents is of a discrepancy between (A) the Net Acres for any Lease and (B) the Net Acres for such Lease stated in Exhibit A-1type not described above, then the applicable Title Benefit Amount shall be determined by taking into account the product obtained by multiplying Allocated Value of the positive difference between such Net Acres amounts by the Net Acre Allocation applicable to such Lease. The Title Carry Increase Amount resulting from a Title Benefit shall equal Property, the same percentage portion of the Allocated Carry for each Title Benefit Property affected Lease that by such Title Benefit, the legal effect of the Title Benefit, the potential economic effect of the Title Benefit over the life of such Title Benefit Property, the values placed upon the Title Benefit by Buyer and SM Energy and such other reasonable factors as are necessary to make a proper evaluation; and (iv) the Title Benefit Amount bears with respect to the Allocated Value a Title Benefit Property shall be determined without duplication of such Leaseany items or amounts included in any other Title Benefit Amount hereunder.

Title Benefit Amount. The Title Benefit Amount resulting from a Title Benefit shall be determined in accordance with the following methodology, terms and conditions: (i) if Buyer and Seller SM Energy agree on the Title Benefit Amount, then that amount shall be the Title Benefit Amount; and; (ii) if the Title Benefit represents a discrepancy an increase between (A) the Net Revenue Interest for any Subject Well or Lease Title Benefit Property and (B) the Net Revenue Interest for such Title Benefit Property stated in Exhibit B (orB, with respect to a Lease in Exhibit A-1, the Net Revenue Interest determined by subtracting the royalties, overriding royalties and other burdens shown on Exhibit A-1 for such Lease from 100%) and the Working Interest is not has increased proportionately, then the Title Benefit Amount shall be the product of the Allocated Value of the Conveyed Interest attributable to the affected Subject Well or Lease such Title Benefit Property multiplied by a fraction, the numerator of which is the positive difference between such Net Revenue Interest increase values, and the denominator of which is the Net Revenue Interest for such Title Benefit Property stated in Exhibit B (orB, with respect to a Lease in Exhibit A-1, the Net Revenue Interest determined by subtracting the royalties, overriding royalties and other burdens shown on Exhibit A-1 for such Lease from 100%); provided that if the Net Revenue Interest increase does not affect the Subject Well or Lease Title Benefit Property throughout the its entire life of the Subject Well or Leaselife, the Title Benefit Amount determined under this Section 11.2(h6.2(g) shall be reduced to take into account the applicable time period only; and; (iii) If if the Title Benefit represents a discrepancy an increase between (A) the Net Acres for any Lease Title Benefit Property and (B) the Net Acres for such Lease Title Benefit Property stated in Exhibit A-1A, then the Title Benefit Amount shall be an amount equal to (x) a fraction, the product obtained by multiplying numerator of which is the positive difference between Allocated Value attributable to such Title Benefit Property and the denominator of which is the number of Net Acres amounts for such Title Benefit Property stated in Exhibit A multiplied by (y) such discrepancy between (I) the Net Acres for such Title Benefit Property stated in Exhibit A and (II) the Net Acres for any Title Benefit Property, provided that if the Net Acre Allocation applicable to such Lease. The Title Carry Increase Amount resulting from a increase does not affect the Title Benefit shall equal the same percentage of the Allocated Carry for each affected Lease that Property throughout its entire life, the Title Benefit Amount bears determined under this Section 6.2(g) shall be reduced to take into account the applicable time period only; (iv) if the Title Benefit is of a type not described above, then the applicable Title Benefit Amount shall be determined by taking into account the Allocated Value of the Title Benefit Property, the portion of the Title Benefit Property affected by such LeaseTitle Benefit, the legal effect of the Title Benefit, the potential economic effect of the Title Benefit over the life of such Title Benefit Property, the values placed upon the Title Benefit by Buyer and SM Energy and such other reasonable factors as are necessary to make a proper evaluation; and (v) the Title Benefit Amount with respect to a Title Benefit Property shall be determined without duplication of any items or amounts included in any other Title Benefit Amount hereunder.

Title Benefit Amount. The Title Benefit Amount resulting from a Title Benefit shall be determined in accordance with the following methodology, terms and conditions: (i) if Buyer Buyers and Seller SM agree on the Title Benefit Amount, then that amount shall be the Title Benefit Amount; and; (ii) if the Title Benefit represents a discrepancy an increase between (A) the Net Revenue Interest for any Subject Well or Lease Title Benefit Property and (B) the Net Revenue Interest for such Title Benefit Property stated in Exhibit B (orB, with respect to a Lease in Exhibit A-1, the Net Revenue Interest determined by subtracting the royalties, overriding royalties and other burdens shown on Exhibit A-1 for such Lease from 100%) and the Working Interest is not has increased proportionately, then the Title Benefit Amount shall be the product of the Allocated Value of the Conveyed Interest attributable to the affected Subject Well or Lease such Title Benefit Property multiplied by a fraction, the numerator of which is the positive difference between such Net Revenue Interest increase values, and the denominator of which is the Net Revenue Interest for such Title Benefit Property stated in Exhibit B (orB, with respect to a Lease in Exhibit A-1, the Net Revenue Interest determined by subtracting the royalties, overriding royalties and other burdens shown on Exhibit A-1 for such Lease from 100%); provided that if the Net Revenue Interest increase does not affect the Subject Well or Lease Title Benefit Property throughout the its entire life of the Subject Well or Leaselife, the Title Benefit Amount determined under this Section 11.2(h6.2(g) shall be reduced to take into account the applicable time period only; and; (iii) If if the Title Benefit represents a discrepancy an increase between (A) the Net Acres for any Lease Title Benefit Property and (B) the Net Acres for such Lease Title Benefit Property stated in Exhibit A-1A, then the Title Benefit Amount shall be an amount equal to (x) a fraction, the product obtained by multiplying numerator of which is the positive difference between Allocated Value attributable to such Title Benefit Property and the denominator of which is the number of Net Acres amounts for such Title Benefit Property stated in Exhibit A multiplied by (y) such discrepancy between (I) the Net Acres for such Title Benefit Property stated in Exhibit A and (II) the Net Acres for any Title Benefit Property, provided that if the Net Acre Allocation applicable to such Lease. The Title Carry Increase Amount resulting from a increase does not affect the Title Benefit shall equal the same percentage of the Allocated Carry for each affected Lease that Property throughout its entire life, the Title Benefit Amount bears determined under this Section 6.2(g) shall be reduced to take into account the applicable time period only; (iv) if the Title Benefit is of a type not described above, then the applicable Title Benefit Amount shall be determined by taking into account the Allocated Value of the Title Benefit Property, the portion of the Title Benefit Property affected by such LeaseTitle Benefit, the legal effect of the Title Benefit, the potential economic effect of the Title Benefit over the life of such Title Benefit Property, the values placed upon the Title Benefit by Buyers and SM and such other reasonable factors as are necessary to make a proper evaluation; and (v) the Title Benefit Amount with respect to a Title Benefit Property shall be determined without duplication of any items or amounts included in any other Title Benefit Amount hereunder.

Title Benefit Amount. The Title Benefit Amount resulting from a Title Benefit shall be the amount by which the Allocated Value of the Title Benefit Property is increased as a result of the existence of such Title Benefit and shall be determined in accordance with the following methodology, terms and conditions: (i) if Buyer Xxxxx and Seller agree in writing on the Title Benefit Amount, then that amount shall be the Title Benefit Amount; and; (ii) if the Title Benefit represents a discrepancy between (A) the actual Net Acres for any Undeveloped Lease and (B) the Net Acres for such Undeveloped Lease stated on Exhibit A, then the Title Benefit Amount shall be the product obtained by multiplying the Allocated Value for such Undeveloped Lease set forth on Exhibit A by a fraction, the numerator of which is the Net Acre increase for such Undeveloped Lease and the denominator of which is the Net Acres for such Undeveloped Lease stated on Exhibit A; provided that if the Title Benefit does not affect such Undeveloped Lease throughout the life of such Undeveloped Lease, then the Title Benefit Amount determined under this Section 8.2(g)(ii) shall be reduced to take into account the applicable time period only; (iii) if the Title Benefit represents a discrepancy between (A) Seller’s Net Revenue Interest for any Subject Well or Lease Future Well, as applicable, and (B) the Net Revenue Interest stated in Exhibit B (or, with respect to a Lease in Exhibit A-1, the Net Revenue Interest determined by subtracting the royalties, overriding royalties and other burdens shown set forth on Exhibit A-1 A for such Lease from 100%) and the Working Interest is not increased proportionatelyWell or Future Well, as applicable, then the Title Benefit Amount shall be the product of (x) the Allocated Value of the Conveyed Interest attributable to the affected Subject such Well or Lease Future Well, as applicable, multiplied by (y) a fraction, the numerator of which is the absolute value of such Net Revenue Interest increase and the denominator of which is the Net Revenue Interest stated in Exhibit B (or, with respect to a Lease in Exhibit A-1, the Net Revenue Interest determined by subtracting the royalties, overriding royalties and other burdens shown set forth on Exhibit A-1 A for such Lease from 100%)Well or Future Well, as applicable; provided that if the increased Net Revenue Interest increase does not affect the Subject Well or Lease Future Well, as applicable, throughout the entire life of the Subject Well or LeaseFuture Well, as applicable, then the Title Benefit Amount determined under this Section 11.2(h8.2(g)(iii) shall be reduced to take into account the applicable time period only; and; (iiiiv) If if the Title Benefit represents with respect to the Title Benefit Property is of a discrepancy between (A) the Net Acres for any Lease and (B) the Net Acres for such Lease stated in Exhibit A-1type not described above, then the Title Benefit Amount shall be the product obtained determined by multiplying the positive difference between such Net Acres amounts by the Net Acre Allocation applicable to such Lease. The Title Carry Increase Amount resulting from a Title Benefit shall equal the same percentage of the Allocated Carry for each affected Lease that the Title Benefit Amount bears to taking into account the Allocated Value of the Title Benefit Property, the portion of the Title Benefit Property affected by the Title Benefit, the legal effect of the Title Benefit, the economic effect of the Title Benefit over the life of the Title Benefit Property, the values placed upon the Title Benefit by Buyer and Seller and such Leaseother reasonable factors as are necessary to make a proper evaluation; and (v) The Title Benefit Amount with respect to a Title Benefit Property shall be determined without duplication of any benefit included in another Title Benefit Amount pertaining to such Title Benefit Property.

Title Benefit Amount. The Title Benefit Amount resulting from a Title Benefit shall be determined in accordance with the following methodology, terms and conditions: (i) if Buyer and Seller Sellers agree on the Title Benefit Amount, then that amount shall be the Title Benefit Amount; and; (ii) if the Title Benefit represents a discrepancy an increase between (A) the Net Revenue Interest for any Subject Well or Lease Title Benefit Property and (B) the Net Revenue Interest for such Title Benefit Property stated in Exhibit B (or, with respect to a Lease in Exhibit A-1, the Net Revenue Interest determined by subtracting the royalties, overriding royalties and other burdens shown on Exhibit A-1 for such Lease from 100%) and the Working Interest is not increased proportionatelyB, then the Title Benefit Amount shall be the product of the Allocated Value of the Conveyed Interest attributable to the affected Subject Well or Lease such Title Benefit Property multiplied by a fraction, the numerator of which is the positive difference between such Net Revenue Interest increase values, and the denominator of which is the Net Revenue Interest for such Title Benefit Property stated in Exhibit B (or, with respect to a Lease in Exhibit A-1, the Net Revenue Interest determined by subtracting the royalties, overriding royalties and other burdens shown on Exhibit A-1 for such Lease from 100%); provided that if the Net Revenue Interest increase does not affect the Subject Well or Lease throughout the entire life of the Subject Well or Lease, the Title Benefit Amount determined under this Section 11.2(h) shall be reduced to take into account the applicable time period only; andB; (iii) If if the Title Benefit represents a discrepancy an increase between (A) the Net Acres for any Lease Title Benefit Property and (B) the Net Acres for such Lease Title Benefit Property stated in Exhibit A-1A, then the Title Benefit Amount shall be amount equal to (x) a fraction, the product obtained by multiplying numerator of which is the positive difference between Allocated Value attributable to such Title Defect property and the denominator of which is number of Net Acres amounts for such Title Defect Property stated in Exhibit A multiplied by (y) such discrepancy between (I) the Net Acre Allocation applicable to Acres for any Title Defect Property and (II) the Net Acres for such Lease. The Title Carry Increase Amount resulting from a Title Benefit shall equal the same percentage of the Allocated Carry for each affected Lease that Defect Property stated in Exhibit A; and (iv) if the Title Benefit is of a type not described above, then the applicable Title Benefit Amount bears to shall be determined by taking into account the Allocated Value of the Title Benefit Property, the portion of the Title Benefit Property affected by such LeaseTitle Benefit, the legal effect of the Title Benefit, the potential economic effect of the Title Benefit over the life of such Title Benefit Property, the values placed upon the Title Benefit by Buyer and Sellers and such other reasonable factors as are necessary to make a proper evaluation.

Title Benefit Amount. The Title Benefit Amount resulting from a Title Benefit shall be determined in accordance with the following methodology, terms and conditions: (i) if Buyer and Seller agree on the Title Benefit Amount, then that amount shall be the Title Benefit Amount; and; (ii) if the Title Benefit represents a discrepancy between (A) the Seller’s (or, if applicable, an Affiliate of Seller’s) Net Revenue Interest for any Subject Well set forth on Exhibit A-1 or Lease any Well Location set forth on Exhibit A-2, as applicable, and (B) the Seller’s (or, if applicable, an Affiliate of Seller’s) Net Revenue Interest stated set forth in Exhibit B (or, with respect to a Lease in Exhibit A-1, the Net Revenue Interest determined by subtracting the royalties, overriding royalties and other burdens shown on Exhibit A-1 for such Lease from 100%) and the Working Interest is not increased proportionatelyWell or in Exhibit A-2 for such Well Location, as applicable, then the Title Benefit Amount shall be the product of the Allocated Value of the Conveyed Interest attributable to the affected Subject Well or Lease Well Location, as applicable, multiplied by a fraction, the numerator of which is the positive amount of such Net Revenue Interest increase difference and the denominator of which is the Net Revenue Interest stated set forth in Exhibit B (or, with respect to a Lease in Exhibit A-1, the Net Revenue Interest determined by subtracting the royalties, overriding royalties and other burdens shown on Exhibit A-1 for such Lease from 100%); provided that if the Net Revenue Interest increase does not affect the Subject Well or Lease throughout the entire life of the Subject in Exhibit A-2 for such Well or Lease, the Title Benefit Amount determined under this Section 11.2(h) shall be reduced to take into account the applicable time period onlyLocation; and (iii) If if the Title Benefit represents is of a discrepancy between (A) the Net Acres for any Lease and (B) the Net Acres for such Lease stated in Exhibit A-1type not described above, then the Title Benefit Amount Amounts shall be the product obtained determined by multiplying the positive difference between such Net Acres amounts by the Net Acre Allocation applicable to such Lease. The Title Carry Increase Amount resulting from a Title Benefit shall equal the same percentage of the Allocated Carry for each affected Lease that the Title Benefit Amount bears to taking into account the Allocated Value of the Well or Well Location affected by such LeaseTitle Benefit, the portion of such Well or Well Location affected by such Title Benefit, the legal effect of the Title Benefit, the potential economic effect of the Title Benefit over the life of such Well or Well Location, the values placed upon the Title Benefit by Buyer and Seller and such other reasonable factors as are necessary to make a proper evaluation. Additionally, the Parties acknowledge and agree that to the extent the same singular event or circumstance giving rise to a Title Benefit with respect to any one Well set forth on Exhibit A-1 or any one Well Location set forth on Exhibit A-2, as applicable, also gives rise to a Title Benefit under one or more other Xxxxx set forth on Exhibit A-1 or Well Locations set forth on Exhibit A-2, as applicable, then the Title Benefit Amounts for each such Well or Well Location, as applicable, so affected, shall be aggregated for purposes of determining if the Individual Title Benefit Threshold has been met with respect to such Title Benefit.

Title Benefit Amount. The Title Benefit Amount resulting from a Title Benefit shall be determined in accordance with the following methodology, terms and conditions: (i) if Buyer Xxxxxx and Seller SM agree on the Title Benefit Amount, then that amount shall be the Title Benefit Amount; and; (ii) if the Title Benefit represents a discrepancy an increase between (A) the Net Revenue Interest for any Subject Well or Lease Title Benefit Property and (B) the Net Revenue Interest for such Title Benefit Property stated in Exhibit B (orA-2, with respect to a Lease in Exhibit A-1, the Net Revenue Interest determined by subtracting the royalties, overriding royalties and other burdens shown on Exhibit A-1 for such Lease from 100%) and the Working Interest is not attributable to such Title Benefit Property has increased proportionately, then the Title Benefit Amount shall be the product of the Allocated Value of the Conveyed Interest attributable to the affected Subject Well or Lease such Title Benefit Property multiplied by a fraction, the numerator of which is the positive difference between such Net Revenue Interest increase values, and the denominator of which is the Net Revenue Interest for such Title Benefit Property stated in Exhibit B (orA-2, with respect to a Lease in Exhibit A-1, the Net Revenue Interest determined by subtracting the royalties, overriding royalties and other burdens shown on Exhibit A-1 for such Lease from 100%); provided that if the Net Revenue Interest increase does not affect the Subject Well or Lease Title Benefit Property throughout the its entire life of the Subject Well or Leaselife, the Title Benefit Amount determined under this Section 11.2(h4.2(h) shall be reduced to take into account the applicable time period only; and (iii) . If the Title Benefit represents a discrepancy an increase between (A) the Net Revenue Interest for any Title Benefit Property and (B) the Net Revenue Interest for such Title Benefit Property stated in Exhibit A-2, and the Working Interest attributable to such Title Benefit Property has not been increased proportionately in connection with such Title Benefit, then the Title Benefit Amount for such Title Benefit will be determined by considering both the proportion of increase in the Net Revenue Interest (through the formula set forth above) and the effect of the disproportionate change in the Working Interest (through the provisions of Section 4.2(h)(iv)); (iii) if the Title Benefit represents an increase between (A) the Net Acres for any Lease Title Benefit Property and (B) the Net Acres for such Lease Title Benefit Property stated in Exhibit A-1A, then the Title Benefit Amount shall be the product obtained by multiplying the positive difference between such Net Acres Acre amounts by the Net Acre Allocation applicable to such Lease. The Title Carry Increase Amount resulting from a Title Benefit shall equal Property, provided that if the same percentage of Net Acre increase does not affect the Allocated Carry for each affected Lease that Title Benefit Property throughout its entire life, the Title Benefit Amount bears determined under this Section 4.2(h) shall be reduced to take into account the applicable time period only; and (iv) if the Title Benefit is of a type not described above, then the applicable Title Benefit Amount shall be determined by taking into account the Allocated Value of the Title Benefit Property, the portion of the Title Benefit Property affected by such LeaseTitle Benefit, the legal effect of the Title Benefit, the potential economic effect of the Title Benefit over the life of such Title Benefit Property, the values placed upon the Title Benefit by Xxxxxx and SM and such other reasonable factors as are necessary to make a proper evaluation.

Title Benefit Amount. The Title Benefit Amount resulting from a Title Benefit shall be determined in accordance with the following methodology, terms and conditions: (i) if Buyer Buyers and Seller SM agree on the Title Benefit Amount, then that amount shall be the Title Benefit Amount; and; (ii) if the Title Benefit represents a discrepancy an increase between (A) the Net Revenue Interest for any Subject Well or Lease Title Benefit Property and (B) the Net Revenue Interest for such Title Benefit Property stated in Exhibit B (orB, with respect to a Lease in Exhibit A-1, the Net Revenue Interest determined by subtracting the royalties, overriding royalties and other burdens shown on Exhibit A-1 for such Lease from 100%) and the Working Interest is not has increased proportionately, then the Title Benefit Amount shall be the product of the Allocated Value of the Conveyed Interest attributable to the affected Subject Well or Lease such Title Benefit Property multiplied by a fraction, the numerator of which is the positive difference between such Net Revenue Interest increase values, and the denominator of which is the Net Revenue Interest for such Title Benefit Property stated in Exhibit B (orB, with respect to a Lease in Exhibit A-1, the Net Revenue Interest determined by subtracting the royalties, overriding royalties and other burdens shown on Exhibit A-1 for such Lease from 100%); provided that if the Net Revenue Interest increase does not affect the Subject Well or Lease Title Benefit Property throughout the its entire life of the Subject Well or Leaselife, the Title Benefit Amount determined under this Section 11.2(h6.2(g) shall be reduced to take into account the applicable time period only; and; (iii) If if the Title Benefit represents a discrepancy an increase between (A) the Net Acres for any Lease Title Benefit Property and (B) the Net Acres for such Lease Title Benefit Property stated in Exhibit A-1A, then the Title Benefit Amount shall be an amount equal to (x) a fraction, the product obtained by multiplying numerator of which is the positive difference between Allocated Value attributable to such Title Benefit Property and the denominator of which is the number of Net Acres amounts for such Title Benefit Property stated in Exhibit A multiplied by (y) such discrepancy between (I) the Net Acres for such Title Benefit Property stated in Exhibit A and (II) the Net Acres for any Title Benefit Property, provided that if the Net Acre Allocation applicable to such Lease. The Title Carry Increase Amount resulting from a increase does not affect the Title Benefit shall equal the same percentage of the Allocated Carry for each affected Lease that Property throughout its entire life, the Title Benefit Amount bears determined under this Section 6.2(g) shall be reduced to take into account the applicable time period only; (iv) if the Title Benefit is of a type not described above, then the applicable Title Benefit Amount shall be determined by taking into account the Allocated Value of the Title Benefit Property, the portion of the Title Benefit Property affected by such LeaseTitle Benefit, the legal effect of the Title Benefit, the potential economic effect of the Title Benefit over the life of such Title Benefit Property, the values placed upon the Title Benefit by Xxxxxx and SM and such other reasonable factors as are necessary to make a proper evaluation; and (v) the Title Benefit Amount with respect to a Title Benefit Property shall be determined without duplication of any items or amounts included in any other Title Benefit Amount hereunder.

Title Benefit Amount. The Title Benefit Amount resulting from a Title Benefit shall be determined in accordance with the following methodology, terms and conditions: (i) if Buyer and Seller SM Energy agree in writing on the Title Benefit Amount, then that amount shall be the Title Benefit Amount; and; (ii) if the Title Benefit represents a discrepancy an increase between (A) the SM Energy’s Net Revenue Interest for any Subject Well or Lease Title Benefit Property and (B) the Net Revenue Interest for such Title Benefit Property stated in Exhibit B (orB, with respect to a Lease in Exhibit A-1, the Net Revenue Interest determined by subtracting the royalties, overriding royalties and other burdens shown on Exhibit A-1 for such Lease from 100%) and the Working Interest is not of SM Energy for such Title Benefit Property has increased proportionately, then the Title Benefit Amount shall be the product of the Allocated Value of the Conveyed Interest attributable to the affected Subject Well or Lease such Title Benefit Property multiplied by a fraction, the numerator of which is the positive difference between such Net Revenue Interest increase values, and the denominator of which is the Net Revenue Interest for such Title Benefit Property stated in Exhibit B (orB, with respect to a Lease in Exhibit A-1, the Net Revenue Interest determined by subtracting the royalties, overriding royalties and other burdens shown on Exhibit A-1 for such Lease from 100%); provided that if the Net Revenue Interest increase does not affect the Subject Well or Lease Title Benefit Property throughout the entire life duration of the Subject Well or Leaseits productive life, the Title Benefit Amount determined under this Section 11.2(h6.2(h)(ii) shall be reduced to take into account the applicable time period only; and; (iii) If if, the Title Benefit represents a discrepancy between (A) an increase in the number of SM Energy’s Net Acres for in any Lease and Target Formation of any Section (Bwithout a reduction to SM Energy’s Net Revenue Interest in such Target Formation) over the Net Acres for such Lease stated Target Formation in such Section as shown on Exhibit A-1B (throughout the duration of the productive life of such Section), then the Title Benefit Amount shall be the product obtained by multiplying the positive difference between such Net Acres amounts by the Net Acre Allocation applicable to such Lease. The Title Carry Increase Amount resulting from a Title Benefit shall equal the same percentage of the Allocated Carry for each affected Lease that the Title Benefit Amount bears to (A) the Allocated Value of such LeaseTarget Formation in such Section multiplied by (B) a fraction, the numerator of which is the positive difference between (1) the Net Acres owned by SM Energy in such Target Formation of such Section and (2) the Net Acres for such Target Formation in such Section as shown on Exhibit B, and the denominator of which is the Net Acres shown for such Target Formation in such Section on Exhibit B; (iv) if the Title Benefit is of a type not described above, then the applicable Title Benefit Amount shall be determined by taking into account the Allocated Value of the Title Benefit Property, the portion of the Title Benefit Property affected by such Title Benefit, the legal effect of the Title Benefit, the potential economic effect of the Title Benefit throughout the duration of the productive life of such Title Benefit Property, the values placed upon the Title Benefit by Buyer and SM Energy and such other reasonable factors as are necessary to make a proper evaluation; and (v) the Title Benefit Amount with respect to a Title Benefit Property shall be determined without duplication of any items or amounts included in any other Title Benefit Amount hereunder.

Title Benefit Amount. The Title Benefit Amount resulting from with respect to a Title Benefit shall Property will be determined in accordance with by taking into consideration the following methodologyAllocated Value of the Title Benefit Property affected by such Title Benefit, terms the portion of the Title Benefit Property subject to such Title Benefit, and conditionsthe legal effect of such Title Benefit on the Title Benefit Property affected thereby; provided, however, that: (i) A. if such Title Benefit is the result of a discovery by Seller that Seller owns more Net Acres per Lease than the Net Acres reflected therefor on Schedule 3.4(b), then Buyer and Seller agree on the that Title Benefit Amount, then that amount Amount shall be equal to the Title Benefit Amount; and (ii) if product of the Title Benefit represents a discrepancy between (A) the Net Revenue Interest Allocated Value for any Subject Well or each Lease and (B) the Net Revenue Interest stated in Exhibit B (orset forth on Schedule 3.4(b), with respect to a Lease in Exhibit A-1as applicable, the Net Revenue Interest determined by subtracting the royalties, overriding royalties and other burdens shown on Exhibit A-1 for such Lease from 100%) and the Working Interest is not increased proportionatelypercentage increase in such Net Acres as a result of such Title Benefit. For all purposes hereunder, each Net Acre shall have a value of $17,500. For example, if Seller were to discover that Buyer owns 110.46 Net Acres in the Xxxx Xxxxxxxx lease set forth on line 7 of Schedule 3.4(b) for which Schedule 3.4(b) indicates Seller owns 109.46 Net Acres in such Lease, then the Title Benefit Amount shall would be the product of $17,500 and the Allocated Value for such Lease would be increased by $17,500; B. if such Title Benefit is in the nature of the Conveyed Interest attributable to the affected Subject Well or Lease multiplied by a fraction, the numerator of which is the Net Revenue Interest increase and the denominator of which is in a Lease being more than the Net Revenue Interest stated in Exhibit B (or, set forth on Schedule 3.4(b) with respect to a Lease in Exhibit A-1, thereto and the Net Revenue corresponding Working Interest determined by subtracting remains the royalties, overriding royalties and other burdens shown on Exhibit A-1 for such Lease from 100%); provided that if the Net Revenue Interest increase does not affect the Subject Well or Lease throughout the entire life of the Subject Well or Lease, the Title Benefit Amount determined under this Section 11.2(h) shall be reduced to take into account the applicable time period only; and (iii) If the Title Benefit represents a discrepancy between (A) the Net Acres for any Lease and (B) the Net Acres for such Lease stated in Exhibit A-1same, then the Title Benefit Amount shall will be the product obtained Allocated Value for the relevant Lease multiplied by multiplying the positive difference between percentage increase in such Net Acres amounts by Revenue Interest as a result of such Title Benefit; C. if the Net Acre Allocation applicable to such Lease. The Title Carry Increase Amount resulting from a Title Benefit shall equal the same percentage of the Allocated Carry for each affected Lease that results from any matter not described in subsection (a) above, the Title Benefit Amount bears will be an amount equal to the difference between the value of the Title Benefit Property with such Title Benefit and the value of such Title Benefit Property without such Title Benefit (taking into account the Allocated Value of such Leasethe Title Benefit Property).

Title Benefit Amount. The Title Benefit Amount resulting from a Title Benefit shall be determined in accordance with the following methodology, terms and conditions: (i) if Buyer Mitsui and Seller SM agree on the Title Benefit Amount, then that amount shall be the Title Benefit Amount; and; (ii) if the Title Benefit represents a discrepancy an increase between (A) the Net Revenue Interest for any Subject Well or Lease Title Benefit Property and (B) the Net Revenue Interest for such Title Benefit Property stated in Exhibit B (orA-2, with respect to a Lease in Exhibit A-1, the Net Revenue Interest determined by subtracting the royalties, overriding royalties and other burdens shown on Exhibit A-1 for such Lease from 100%) and the Working Interest is not attributable to such Title Benefit Property has increased proportionately, then the Title Benefit Amount shall be the product of the Allocated Value of the Conveyed Interest attributable to the affected Subject Well or Lease such Title Benefit Property multiplied by a fraction, the numerator of which is the positive difference between such Net Revenue Interest increase values, and the denominator of which is the Net Revenue Interest for such Title Benefit Property stated in Exhibit B (orA-2, with respect to a Lease in Exhibit A-1, the Net Revenue Interest determined by subtracting the royalties, overriding royalties and other burdens shown on Exhibit A-1 for such Lease from 100%); provided that if the Net Revenue Interest increase does not affect the Subject Well or Lease Title Benefit Property throughout the its entire life of the Subject Well or Leaselife, the Title Benefit Amount determined under this Section 11.2(h4.2(h) shall be reduced to take into account the applicable time period only; and (iii) . If the Title Benefit represents a discrepancy an increase between (A) the Net Revenue Interest for any Title Benefit Property and (B) the Net Revenue Interest for such Title Benefit Property stated in Exhibit A-2, and the Working Interest attributable to such Title Benefit Property has not been increased proportionately in connection with such Title Benefit, then the Title Benefit Amount for such Title Benefit will be determined by considering both the proportion of increase in the Net Revenue Interest (through the formula set forth above) and the effect of the disproportionate change in the Working Interest (through the provisions of Section 4.2(h)(iv)); (iii) if the Title Benefit represents an increase between (A) the Net Acres for any Lease Title Benefit Property and (B) the Net Acres for such Lease Title Benefit Property stated in Exhibit A-1A, then the Title Benefit Amount shall be the product obtained by multiplying the positive difference between such Net Acres Acre amounts by the Net Acre Allocation applicable to such Lease. The Title Carry Increase Amount resulting from a Title Benefit shall equal Property, provided that if the same percentage of Net Acre increase does not affect the Allocated Carry for each affected Lease that Title Benefit Property throughout its entire life, the Title Benefit Amount bears determined under this Section 4.2(h) shall be reduced to take into account the applicable time period only; and (iv) if the Title Benefit is of a type not described above, then the applicable Title Benefit Amount shall be determined by taking into account the Allocated Value of the Title Benefit Property, the portion of the Title Benefit Property affected by such LeaseTitle Benefit, the legal effect of the Title Benefit, the potential economic effect of the Title Benefit over the life of such Title Benefit Property, the values placed upon the Title Benefit by Mitsui and SM and such other reasonable factors as are necessary to make a proper evaluation.