Common use of Alternative Calculation to Monthly Fee Clause in Contracts

Alternative Calculation to Monthly Fee. At BioAmber’s option, upon first providing LANXESS at least six (6) months of written advance notice, BioAmber Sarnia may opt to pay LANXESS in natural gas in lieu of the financial Monthly Fee for its Monthly Steam Take; and if BioAmber Sarnia elects to do so: (i) As BioAmber Sarnia takes Steam hereunder, it shall, at no cost to LANXESS, deliver natural gas of the quality specified by the natural gas transporter on a pass through basis to the burner tip at TransAlta for LANXESS’ account at a natural gas to Steam multiplier of [***] MMBtu natural gas (HHV)/MMBtu Steam multiplied by BioAmber Sarnia’s actual Steam take (Net Enthalpy) (hereinafter, “Gas Deposit”); (ii) BioAmber Sarnia shall provide LANXESS with written confirmation of such Gas Deposits to LANXESS’ reasonable satisfaction; and (iii) At the end of each Month, all Gas Deposits made by BioAmber Sarnia in the Month shall be totaled (hereinafter, “Total Monthly Gas Deposits”). If BioAmber Sarnia’s Total Monthly Gas Deposits for the Month is less than the product of BioAmber Sarnia’s Monthly Steam Take x [***], then BioAmber Sarnia shall pay LANXESS an amount calculated as follows: Amount payable = DF x FCT x LCN in which,

Appears in 2 contracts

Sources: Purchase and Sale Agreement (BioAmber Inc.), Purchase and Sale Agreement (BioAmber Inc.)