Common use of Applicable Conditions Clause in Contracts

Applicable Conditions. Notwithstanding any other provision of this Agreement, MLC’s obligations under this Article XII are subject to (i) PESRM’s compliance with its obligations under this Article XII, (ii) (x) the availability of Refined Product supply from the third party suppliers, and (y) the available demand for Crude Oil from the third party purchasers, in each case, of the types and grades, and in the volumes, at the differentials and on the delivery dates specified by PESRM in the applicable Cover Request, (iii) if applicable, the availability of the Required Infrastructure to receive or make delivery at the delivery point specified for such Cover Transaction, and (iv) no PESRM Event of Default or Termination Event having occurred. For the avoidance of doubt, any Applicable Condition described in subclause (ii) and (iii) above shall only excuse or suspend MLC’s duty to perform its obligations with respect to the affected or corresponding Cover Transactions.