Monthly Shortfall Payment Sample Clauses
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Monthly Shortfall Payment. If, during any Month, actual shipments by TRMC on the Short Haul Pipelines are less than the Minimum Throughput Commitment, then TRMC shall pay to TLO, in addition to Transportation Fee owed for actual barrels shipped during such Month, an amount equal to (i) the amount of such shortfall (in Barrels) multiplied by (ii) the Transportation Fee (the “Shortfall Payment”). The dollar amount of any Shortfall Payment included in the monthly invoice described in Section 6(c) below and paid by TRMC shall be posted as a credit to TRMC’s account (the “Credit”), and such Credit shall be applied in subsequent monthly invoices against amounts owed by TRMC for Transportation Fees on Excess Barrels shipped on the Short Haul Pipelines during any of the succeeding three (3) Months. Credits will be applied in the order in which such Credits accrue and any portion of the Credit that is not used by TRMC during the succeeding three (3) Months will expire (e.g., a Credit which accrues in January will be available in February, March and April, will expire at the end of April, and must be applied prior to applying any Credit which accrues in February).
Monthly Shortfall Payment. If, in any Billing Month of a Contract Year during the Initial Term and the Renewal Term, if applicable (but in no event during the Extended Term), the Jurisdictions together do not deliver, or caused to be delivered, Acceptable Waste in an aggregate amount of at least eighty percent (80%) of the Minimum Monthly Tonnage set forth in Schedule 1 in effect for such Billing Month, then the Jurisdictions shall pay the Company a shortfall fee (the “Monthly Shortfall Fee”) equal to the greater of (A) zero (0); and (B) the product of (i) the difference between (A) the Minimum Monthly Tonnage in effect for such Billing Month, and (B) for such Billing Month the sum of (1) the Tons of Acceptable Waste delivered by or on behalf of the Jurisdictions to the Facility and accepted by the Company; (2) the Tons of Acceptable Waste delivered by or on behalf of the Jurisdictions to any Alternate Facility(ies); (3) the Tons which are not delivered to or accepted at the Facility or an Alternate Facility and which are described in Section 10.1; and (4) the Tons of Diverted Waste in accordance with Sections 3.2(b) and 9.1 (such amount, the “Monthly Shortfall Tonnage”); multiplied by (ii) the sum of (x) the Base Tipping Fee and (y) the Unit Change in Law Cost, each in effect for such pertinent Billing Month.
Monthly Shortfall Payment. If, during any Month, TRMC fails to request in good faith that TLO cause to be gathered an amount of crude petroleum equal to the Minimum Volume Commitment for such Month, then TRMC shall pay to TLO an amount equal to (i) the Monthly Volume Shortfall multiplied by (ii) the Trucking Rate for such Month (the “Monthly Shortfall Payment”). “Monthly Volume Shortfall” for any Month shall mean the volume of Barrels by which the product of the Minimum Volume Commitment multiplied by the number of days in any given Month, exceeds the Actual Barrels Gathered by TLO during such Month. The dollar amount of any Monthly Shortfall Payment included in the Monthly invoice described below and paid by TRMC shall be posted as a credit to TRMC’s account (the “Credit”), and such Credit shall be applied in subsequent Monthly invoices against amounts owed by TRMC for Excess Volumes shipped by TRMC during any of the succeeding three (3) Months. Credits will be applied in the order in which such Credits accrue and any portion of the Credit that is not used by TRMC during the succeeding three (3) Months will expire (e.g., a Credit which accrues in January will be available in February, March and April, will expire at the end of April and must be applied prior to applying any Credit which accrues in February).
Monthly Shortfall Payment. If, during any Month, TRMC fails to request in good faith that TLO cause to be gathered an amount of crude petroleum equal to the Minimum Volume Commitment for such Month, then TRMC shall pay to TLO an amount (the “Monthly Shortfall Payment”) equal to (i)
Monthly Shortfall Payment. As defined in Section 3.2 of this Agreement.
Monthly Shortfall Payment. If, during any Month, TRMC fails to request in good faith that TLO cause to be gathered an amount of crude petroleum equal to the Minimum Volume Commitment for such Month, then TRMC shall pay to TLO an amount (the “Monthly Shortfall Payment”) equal to (i) the Monthly Volume Shortfall (ii) multiplied by the sum of (A) the Trucking Rate for such Month, for a distance of 30 - 35 miles, (B) plus a dispatch fee of $0.50, (iii) adjusted for inflation as provided herein, (iv) but with no fuel surcharge. [MSP = MVS x ($2.40 + $0.50)