Operating Fees Clause Samples
The Operating Fees clause defines the charges or payments required for the ongoing management and operation of a property, business, or service. Typically, this clause outlines what expenses are included as operating fees—such as maintenance, utilities, administrative costs, or management services—and specifies how and when these fees are calculated and paid by the responsible party. Its core practical function is to ensure transparency and predictability in the allocation of operational costs, thereby preventing disputes over financial responsibilities during the term of the agreement.
Operating Fees. ▇▇▇▇▇▇▇ OPERATING RESOURCES shall satisfy its obligation to pay Operating Fees to SPRAGUE HOLDINGS (i) by paying to SPRAGUE MASSACHUSETTS the sum of $15,200.00 per month (subject to adjustment as provided below) (the “Operating Fees”); (ii) by being responsible for ordinary maintenance and repairs to the Oil Terminal; and, (iii) by paying to ▇▇▇▇▇▇▇ MASSACHUSETTS the amount of real estate taxes levied against the Oil Terminal. The Operating Fees specified in item (i) above shall be subject to adjustment as follows: Commencing on July 1, 2013, and thereafter on July 1 of each year during the Term of this Operating Agreement, the aforementioned sum shall be increased in accordance with the percentage increase of the Consumer Price Index, All Urban Consumers (CPI-U) Region I, Boston Index, for the previous year (July 1, 2012-June 30). Provided, however, to the extent such increase in any one year (as calculated as described in the immediately preceding sentence) exceeds 6%, ▇▇▇▇▇▇▇ OPERATING RESOURCES shall have the right, but not the obligation, to request renegotiation of this Operating Agreement. In the event such renegotiation fails to result in the establishment of new terms acceptable to ▇▇▇▇▇▇▇ OPERATING RESOURCES, ▇▇▇▇▇▇▇ OPERATING RESOURCES may terminate this Operating Agreement upon the provision of twelve (12) months advance written notice to SPRAGUE HOLDINGS. It is understood that this Operating Agreement is in the nature of a net Operating Agreement and that such Operating Fees is to be net to SPRAGUE MASSACHUSETTS and, accordingly, ▇▇▇▇▇▇▇ OPERATING RESOURCES shall bear all costs relating to the Oil Terminal whether or not specified expressly herein, including, without by way of limitation, Taxes. In the event ▇▇▇▇▇▇▇ OPERATING RESOURCES holds over following the expiration or termination of this Operating Agreement, ▇▇▇▇▇▇▇ OPERATING RESOURCES shall be a tenant at sufferance subject to all the terms of this Operating Agreement. ▇▇▇▇▇▇▇ OPERATING RESOURCES shall also pay all public, special or betterment assessments levied or assessed by any municipality or other governmental authority associated with the Oil Terminal during the Term.
Operating Fees. Beginning on the Operations Date and ending on the date on which all Solar Generating Equipment has been removed from the Property, Tenant shall pay to Owner the below annual amounts (collectively “Operating Fees”). Notwithstanding the above, Owner acknowledges that Tenant may build the Project in phases and all of the Property may not be included in the initial phase or subsequent phase(s).
Operating Fees. To the best knowledge of Intellicall, IOS has paid or Intellicall has paid on behalf of IOS all fees and complied with all written orders imposed on IOS by the public service commission of any state to whose jurisdiction it is subject. IOS has paid or Intellicall has paid on behalf of IOS all charges, fees, tariff rates, access charges and other amounts billed to it by long distance suppliers due in the normal course of business, and, to the best of Intellicall's knowledge, there does not exist any liability for back billing for any such charges, other than for access charges which such long distance suppliers are entitled to ▇▇▇▇ for but have not billed for.
Operating Fees. As used herein, “
Operating Fees. (a) Except for Earned processing (as hereinafter defined), Quaker State shall pay Petrowax the following for processing furnished, plus any Increased Costs: --------------------------------------------------------- --------------------------------------------------------- Period through 5/2/96 - 5/2/97 - 5/2/98 - ------ 5/1/96 5/1/97 5/1/98 and thereafter --------------------------------------------------------- Charge per $30.00 $25.00 $20.00 $10.00 1,000 gallons --------------------------------------------------------- --------------------------------------------------------- All payments shall be due within ten (10) days after invoicing.
(b) Except for early termination as provided in Section 5(c), processing shall be Earned for such number of years as is equal to (i) two times the number of years (prorated for partial years) beginning May 1, 1995 that Quaker State continues to supply Products to Petrowax or its permitted assignees under the Slack Wax and Petrolatum Sales Agreement dated the date hereof and executed pursuant to the Amendment ("1994 Slack Wax Agreement ") plus (ii) one year for each year (prorated for partial years) after the end of the term of the 1994 Slack Wax Agreement that Quaker State continues to supply Petrowax or its permitted assignees with Products at the Wind-down Period prices. The terms "Products" and "wind-down Period" shall have the meanings ascribed to them in the 1994 Slack Wax Agreement.
(c) Notwithstanding that processing cannot be Earned by Quaker State except be supplying Products after May 1, 1995, Quaker State shall be entitled to receive processing at no cost (other than Increased Costs) under this Agreement beginning on the date the Amendment is approved by the Bankruptcy Court, in anticipation of its supplying of Products after May 1, 1995 under the 1994 Slack Wax Agreement. If Quaker State ceases supply of Products under either the Slack Wax and Petrolatum Agreement dated April 30, 1990 (the "1990 Slack Wax Agreement") or the 1994 Slack Wax Agreement (collectively, the Slack Wax Agreements) prior to the end of the Wind-down Period for more than thirty (30) days for reasons other than default under this Agreement by Petrowax or either of the Slack Wax Agreements by Petrowax or its permitted assignees or the temporary existence of a Force Majeure Event (as defined in Section 7) of either of the Slack Wax Agreements affecting Quaker State or Petrowax or its permitted assignees, then the Earned period, if any, sha...
Operating Fees. The User shall pay to the Town an annual amount of up to Ten Thousand Dollars ($10,000.00) (the “Annual Operating Amount”) to support operations, payment of which is due on or before the 1st day of May in each year of the term of this Agreement or any permitted renewal. The Annual Operating Amount shall be determined based on the estimated annual use schedule of the Facility, which shall be provided to the Town on or before the 1st day April in each year of this Agreement or any permitted renewal.
Operating Fees. 6.3.1 The Owner shall pay to the Contractor during the Operational Phase, a part of Contract Price specified in Part D of Annexure 2 (Contract Price), as operational phase fees (the "Operating Fees") for performance of its complete scope of Services and obligations during operational phase under this Contract. For each Operating Year, the fee payable shall be equivalent to such Operating Fees which is calculated on a pro rata basis based on the number of days in such operating Year (the “Yearly Operating Fees”).
6.3.2 The minimum staff to be deployed at OTPC during Operational Phase, shall not be less than as provided under Annexure 1 (Staffing Plan). If Contractor fails to mobilize staff for Maintenance Phase as per Staffing Plan for Maintenance Phase then the Maintenance Phase Fee shall be adjusted for such shortfall in manpower based on the schedule of price for manpower provided by the Contractor and as set out in Annexure 8 (Price for Manpower Addition / Deletion).
Operating Fees. 6.3.1 The Owner shall pay to the Contractor during the Operational Phase, a part of Contract Price specified in Part D of Annexure 1 (Contract Price), as operational phase fees (the "Operating Fees") for performance of its complete Scope of Work and obligations during operational phase under this Contract. For each Operating Year, the fee payable shall be equivalent to such Operating Fees which is calculated on a pro rata basis based on the number of days in such operating Year (the “Yearly Operating Fees”)
Operating Fees. Beginning on the Operations Date and ending on the date on which Grantee completes its removal and restoration obligations under Exhibit C(4) of the Agreement, Grantee shall pay to Owner the below annual amounts (collectively, “Operating Fees”). Notwithstanding the above, Owner acknowledges that Grantee may build the Project in phases and all of the Property may not be included in the initial phase or subsequent phase(s). The portion of the Property on which Solar Facilities are not installed as of the Operations Date(s) shall be referred to herein as “Undeveloped Property” until the date that Grantee installs Solar Facilities on said Property or portion thereof:
Operating Fees. 6.3.1 The Owner shall pay to the O&M Operator during the Operational Phase, a part of Contract Price specified in Part C of Annexure 2 (Contract Price), as operational phase fee (the "Operating Fees") for performance of its complete scope of Services and obligations under this Contract. For each Operating Year, the fee payable shall be equivalent to such portion of the Operating Fees which is calculated on a pro rata basis based on the number of days in such Operating Year (the "Yearly Operating Fees"). However, in case of Force Majeure events, Operating Fees payable shall be payable in accordance with the provisions of Clause 22.6.
6.3.2 The Operating Fees as payable hereunder shall cover all costs, expenses, overheads, etc., to be incurred by the O&M Operator and profit margin for the performance of all the Services and obligations under this Contract including but not limited to the following and no additional claim or payment would be admissible therefore:
6.3.2.1 Salaries and wages, including benefits, general and administrative overheads, and all miscellaneous expenses for the O&M Operator Staff;
6.3.2.2 Costs and expenses of chemicals, consumables, gases, construction material, oils, lubricants, filters, tools & tackles, and other consumable materials and supplies used, consumed or stocked in inventory for operation, maintenance and repair of the Plant.
6.3.2.3 Out-of-pocket costs paid or reimbursed for travel and subsistence during said periods of travel of the O&M Operator Staff;
6.3.2.4 Cost of evaluation, selection, employment, relocation, and training of O&M Operator's Staff;
6.3.2.5 Costs and expenses of maintaining inventory lists and status for Spare Parts, Consumable materials and supplies to be used for operation, maintenance and repair of the Plant;
6.3.2.6 All office and administrative expenses (including stationery, internet, telephone, fax, printer, scanner, photocopier, etc.);
6.3.2.7 Cost of uniform, personal safety equipment, etc. for O&M Operator's Staff;
6.3.2.8 Premium of insurance policies and deductible amounts for all insurance policies provided by the O&M Operator, as per Clause 13.0 (Insurance);
6.3.2.9 All costs and expenses associated with records management, including but not limited to preparation of materials, equipments, reproduction and storage expenses;
6.3.2.10 Costs to test, evaluate and correct equipment failure excluding repairs covered under insurance policy and cost of Spare Parts;
6.3.2.11 Any and all other co...