OMS Costs Sample Clauses

OMS Costs. In addition to the variable costs charged under Article III, in compensation for the Services, Multilayer shall be responsible for its share of the costs ("OMS Costs") incurred by L▇▇▇▇▇▇ to operate, manage, maintain, and repair the Thermal Energy Plant and the components thereof (including replacement of broken components) to ensure that the Thermal Energy Plant remains in compliance with all applicable laws, and in a good and workable condition sufficient for providing the Services. OMS Costs shall exclude any variable costs under Article III. It is the parties' intent that except as provided herein all of the costs of operating the Thermal Energy Plant be paid for by the users thereof, according to their peak use, as set forth below. For the purposes of this Agreement, OMS Costs shall include, without limitation, the cost of all utilities (electricity and water), the costs associated with the Operations Maintenance and Services Agreement by and between Multilayer and Veolia Energy Operating Services, LLC dated 9-19-08 and as assigned to L▇▇▇▇▇▇ as of the Commencement Date of the Lease, materials, equipment, labor, salaries, wages, benefits, maintenance, repair, replacement of broken components, costs associated with running the fire pumps located on the Thermal Energy Plant, site administration costs (which shall include but not be limited to real estate taxes assessed against the Thermal Energy Plant, sales taxes levied on equipment and materials purchased in connection with maintenance of the Thermal Energy Plan in its current condition, and other taxes on or related to the Thermal Energy Plant's operations, other than income taxes and capital gains taxes levied on L▇▇▇▇▇▇ or the owner of the Thermal Energy Plant), license and permit fees, insurance, and management fees, if any, charged by the operator retained by L▇▇▇▇▇▇ to operate and maintain the Thermal Energy Plant. If any tax (such as property taxes), insurance, fees, or other expense relates to a period commencing before, or ending after, the term of this Agreement, then OMS Costs shall include only the proportionate share of such tax, insurance, fee or expense which relates to the term of this Agreement. The OMS Costs allocated to Multilayer shall be the product of the ratio (the "Allocation Ratio") of Multilayer's Hot Water and Chilled Water Peak Demand (numerator) over the total monthly Peak Hot Water and Chilled Water Peak Demand (hereinafter defined) for the Multilayer Property, L▇▇ ▇ ▇▇▇▇...