Not to Exceed Amount. In no event shall the maximum aggregate amount of Maintenance Invoices in any calendar year exceed (i) the estimated amount contained in the Approved Maintenance Plan, and (ii) additional funds, if any, paid directly by the Railroads to ACTA pursuant to the terms of the Operating Agreement and/or a separate agreement among ACTA, the Railroad(s) and the Owner, without the prior written approval of ACTA, the Owner and the Railroads.
Appears in 3 contracts
Sources: Maintenance Agreement, Maintenance Agreement, Maintenance Agreement