Common use of Dedications and Commitments Clause in Contracts

Dedications and Commitments. 3.1. Each Month, AES shall deliver volumes of Crude Petroleum for transloading utilizing the Skid Loader situated at the Big Horn Transloading Facility equal to at least the Minimum Volume Commitment or, in the event that AES fails to do so, shall remit to ▇▇▇▇▇▇ the Monthly Shortfall Payment. 3.2. AES may request that volumes of Crude Petroleum in excess of the Minimum Volume Commitment be transloaded by ▇▇▇▇▇▇ utilizing the Skid Loader (“Excess Volumes”). To the extent ▇▇▇▇▇▇ has then uncommitted, available capacity at the Skid Loader, ▇▇▇▇▇▇ shall use reasonable efforts to transload any Excess Volumes that AES may request be transloaded but shall not be obligated to do so. Any such Excess Volumes transloaded by ▇▇▇▇▇▇ utilizing the Skid Loader shall be transloaded at the rates specified in Section 4.1 below. 3.3. Except during a Force Majeure event or a temporary shutdown of the Big Horn Transloading Facility and/or the Skid Loader for testing, maintenance or repair, ▇▇▇▇▇▇ agrees to maintain and operate the Skid Loader so that the actual operating capacity of the Skid Loader for transloading of Crude Petroleum equals or exceeds 380 Barrels per hour (the “Minimum Capacity”).

Dedications and Commitments. 3.1. Each Month, AES shall deliver volumes of Crude Petroleum for transloading utilizing the Skid Loader situated at the Big Horn Wildcat Transloading Facility equal to at least the Minimum Volume Commitment or, in the event that AES fails to do so, shall remit to ▇▇▇▇▇▇ the Monthly Shortfall Payment. 3.2. AES may request that volumes of Crude Petroleum in excess of the Minimum Volume Commitment be transloaded by ▇▇▇▇▇▇ utilizing the Skid Loader (“Excess Volumes”). To the extent ▇▇▇▇▇▇ has then uncommitted, available capacity at the Skid Loader, ▇▇▇▇▇▇ shall use reasonable efforts to transload any Excess Volumes that AES may request be transloaded but shall not be obligated to do so. Any such Excess Volumes transloaded by ▇▇▇▇▇▇ utilizing the Skid Loader shall be transloaded at the rates specified in Section 4.1 below. 3.3. Except during a Force Majeure event or a temporary shutdown of the Big Horn Wildcat Transloading Facility and/or the Skid Loader for testing, maintenance or repair, ▇▇▇▇▇▇ agrees to maintain and operate the Skid Loader so that the actual operating capacity of the Skid Loader for transloading of Crude Petroleum equals or exceeds 380 Barrels per hour (the “Minimum Capacity”).

Dedications and Commitments. 3.1. Each Month, AES shall deliver volumes of Crude Petroleum for transloading utilizing the Skid Loader situated at the Big Horn Transloading Facility Ladder Loaders equal to at least the Minimum Volume Commitment or, in the event that AES fails to do so, shall remit to ▇▇▇▇▇▇ the Monthly Shortfall Payment. 3.2. AES may request that volumes of Crude Petroleum in excess of the Minimum Volume Commitment be transloaded by ▇▇▇▇▇▇ utilizing the Skid Loader Ladder Loaders (“Excess Volumes”). To the extent ▇▇▇▇▇▇ has then uncommitted, available capacity at the Skid LoaderLadder Loaders, ▇▇▇▇▇▇ shall use reasonable efforts to transload any Excess Volumes that AES may request be transloaded but shall not be obligated to do so. Any such Excess Volumes transloaded by ▇▇▇▇▇▇ utilizing the Skid Loader Ladder Loaders shall be transloaded at the rates specified in Section 4.1 below. 3.3. Except during a Force Majeure event or a temporary shutdown of one or more of the Big Horn Transloading Facility Facilities and/or one or more of the Skid Loader Ladder Loaders for testing, maintenance or repair, ▇▇▇▇▇▇ agrees to maintain and operate the Skid Loader Ladder Loaders so that the actual operating capacity of each of the Skid Loader Ladder Loaders for transloading of Crude Petroleum equals or exceeds 380 63 Barrels per hour (the “Minimum Capacity”).