Common use of Throughput Commitment Clause in Contracts

Throughput Commitment. For each Calendar Quarter during the Term, Customer shall tender or cause to be tendered an average of at least 150,000 Barrels per Day of Product to the Terminal (which shall include any Product delivered through the TransCanada Connection as set forth in Section 8(b) below) for storage and handling and redelivery to Customer in approximately ratable quantities (such average, the “Minimum Quarterly Terminal Commitment”) and Company shall accept, store and redeliver such Product in accordance with the terms of this Schedule. Except as expressly provided in the Agreement in connection with an Outage, a Company Force Majeure, or a Customer Force Majeure, if during any Calendar Quarter, Customer fails to satisfy its Minimum Quarterly Terminal Commitment during such Calendar Quarter, then Customer will pay Company a deficiency payment (each, a “Terminal Deficiency Payment”) in an amount equal to the volume of the deficiency (the “Terminal Deficiency Volume”) multiplied by the Terminal Throughput Charge. Customer shall pay Company the amount of such Terminal Deficiency Payment along with any Terminal Throughput Charge payable hereunder. The dollar amount of any Terminal Deficiency Payment paid by Customer may be applied as a credit against any amounts incurred by Customer and owed to Company with respect to volumes of Product delivered to the Terminal in excess of Customer’s Minimum Quarterly Terminal Commitment (or, if this Schedule expires or is terminated, to volumes delivered to the Terminal in excess of the applicable Minimum Quarterly Terminal Commitment in effect as of the date of such expiration or termination) (such excess volume in any Calendar Quarter during the Term is referred to as the “Terminal Surplus Volume”) during any of the succeeding four Calendar Quarters, after which time any unused credits will expire. This Section 8(a) shall survive the expiration or termination of this Schedule, if necessary for the application of any Terminal Deficiency Payment against any Terminal Surplus Volume as set forth herein. Company shall provide throughput capacity at the Terminal to Customer in excess of the Minimum Quarterly Terminal Commitment on an “as available” basis, and any use of such excess capacity shall be subject to the applicable Terminal Throughput Charge.

Throughput Commitment. For each Calendar Quarter during the Term, Customer shall tender or cause to be tendered an average of at least 150,000 Barrels per Day of Product to the Terminal (which shall include any Product delivered through the TransCanada Connection as set forth in Section 8(b) below) for storage and handling and redelivery to Customer in approximately ratable quantities (such average, the “Minimum Quarterly Terminal Commitment”) and Company shall accept, store and redeliver such Product in accordance with the terms of this Schedule. Except as expressly provided in the Agreement 2 in connection with an Outage, a Company Force Majeure, or a Customer Force Majeure, if during any Calendar Quarter, Customer fails to satisfy its Minimum Quarterly Terminal Commitment during such Calendar Quarter, then Customer will pay Company a deficiency payment (each, a “Terminal Deficiency Payment”) in an amount equal to the volume of the deficiency (the “Terminal Deficiency Volume”) multiplied by the Terminal Throughput Charge. Customer shall pay Company the amount of such Terminal Deficiency Payment along with any Terminal Throughput Charge payable hereunder. The dollar amount of any Terminal Deficiency Payment paid by Customer may be applied as a credit against any amounts incurred by Customer and owed to Company with respect to volumes of Product delivered to the Terminal in excess of Customer’s Minimum Quarterly Terminal Commitment (or, if this Schedule expires or is terminated, to volumes delivered to the Terminal in excess of the applicable Minimum Quarterly Terminal Commitment in effect as of the date of such expiration or termination) (such excess volume in any Calendar Quarter during the Term is referred to as the “Terminal Surplus Volume”) during any of the succeeding four Calendar Quarters, after which time any unused credits will expire. This Section 8(a) shall survive the expiration or termination of this Schedule, if necessary for the application of any Terminal Deficiency Payment against any Terminal Surplus Volume as set forth herein. Company shall provide throughput capacity at the Terminal to Customer in excess of the Minimum Quarterly Terminal Commitment on an “as available” basis, and any use of such excess capacity shall be subject to the applicable Terminal Throughput Charge.