Common use of Deficiency Payment Clause in Contracts

Deficiency Payment. If Customer has a Deficiency Quantity in any Month, then, as soon as practicable following the end of such Month, Transporter shall deliver to Customer a written notice/invoice (the “Deficiency Invoice”), which shall specify in reasonable detail (a) the Deficiency Quantity, and (b) the dollar amount that would have been paid by Customer to Transporter if Customer had shipped the Minimum Volume Commitment each day during that Month. Customer shall make a payment to Transporter equal to the sum of (i) the Deficiency Quantity, SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN GRANTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH FIVE ASTERISKS (*****). multiplied by (ii) the Priority Service Tariff Rate applicable during such Month (the “Deficiency Payment”). Customer shall pay the Deficiency Payment to Transporter within fifteen (15) days of Customer’s receipt of the Deficiency Invoice related thereto. An illustrative example of the calculation of the Deficiency Payment is attached as Schedule D.

Appears in 1 contract

Sources: Crude Oil Throughput and Deficiency Agreement (Arc Logistics Partners LP)

Deficiency Payment. If Customer has a Deficiency Quantity in any Month, then, as soon as practicable following the end of such Month, Transporter shall deliver to Customer a written notice/invoice (the “Deficiency Invoice”), which shall specify in reasonable detail (a) the Deficiency Quantity, and (b) the dollar amount that would have been paid by Customer to Transporter if Customer had shipped the Minimum Volume Commitment each day during that Month. Customer shall make a payment to Transporter equal to the sum of (i) the Deficiency Quantity, SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN GRANTEDREQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH FIVE ASTERISKS (*****). multiplied by (ii) the Priority Service Tariff Rate applicable during such Month (the “Deficiency Payment”). Customer shall pay the Deficiency Payment to Transporter within fifteen (15) days of Customer’s receipt of the Deficiency Invoice related thereto. An illustrative example of the calculation of the Deficiency Payment is attached as Schedule D.

Appears in 1 contract

Sources: Crude Oil Throughput and Deficiency Agreement (Arc Logistics Partners LP)