Common use of Deficiency Payments Clause in Contracts

Deficiency Payments. (a) As soon as practicable following the end of each calendar month under this Agreement, the Logistics Entity shall deliver to the Refining Entity a written notice (the “Deficiency Notice”) detailing any failure of the Refining Entity to meet its obligations under Section 2(a), Section 2(b)(i), Section 2(b)(ii), Section 2(c), Section 2(d), Section 2(i), Section 2(k), Section 2(l) or Section 8(c) of this Agreement. The Deficiency Notice shall (i) specify in reasonable detail the nature of any deficiency and (ii) specify the approximate dollar amount that the Logistics Entity believes would have been paid by the Refining Entity to the Logistics Entity if the Refining Entity had complied with its obligations under Section 2(a), Section 2(b)(i), Section 2(b)(ii), Section 2(c), Section 2(d), Section 2(h), Section 2(i), Section 2(k), Section 2(l) and Section 8(c) of this Agreement (the “Deficiency Payment”). The Refining Entity shall pay the Deficiency Payment to the Logistics Entity upon the later of: (i) ten (10) days after its receipt of the Deficiency Notice and (ii) thirty (30) days following the end of the calendar month during which the Deficiency Notice was delivered.

Appears in 3 contracts

Samples: Pipelines and Tankage Agreement (Delek US Holdings, Inc.), Pipelines and Tankage Agreement (Delek Logistics Partners, LP), Pipelines and Tankage Agreement (Delek Logistics Partners, LP)

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Deficiency Payments. (a) As soon as practicable following the end of each calendar month under this Agreement, the Logistics Entity shall deliver to the Refining Entity a written notice (the “Deficiency Notice”) detailing any failure of the Refining Entity to meet its obligations under Section 2(a), Section 2(b)(i2(c)(i), Section 2(b)(ii2(c)(iii), Section 2(c2(d)(i), Section 2(d2(d)(iii), Section 2(i2(e), Section 2(f), Section 2(h), Section 2(j), Section 2(k), Section 2(l) or Section 8(c) of this Agreement. The Deficiency Notice shall (i) specify in reasonable detail the nature of any deficiency and (ii) specify the approximate dollar amount that the Logistics Entity believes would have been paid by the Refining Entity to the Logistics Entity if the Refining Entity had complied with its obligations under Section 2(a), Section 2(b)(i2(c)(i), Section 2(b)(ii2(c)(iii), Section 2(c2(d)(i), Section 2(d2(d)(iii), Section 2(e), Section 2(f), Section 2(h), Section 2(i2(j), Section 2(k), Section 2(l) and Section 8(c) of this Agreement (the “Deficiency Payment”). The Refining Entity shall pay the Deficiency Payment to the Logistics Entity upon the later of: (i) ten (10) 10 days after its receipt of the Deficiency Notice and (ii) thirty (30) days following the end of the calendar month during which the Deficiency Notice was deliveredNotice.

Appears in 2 contracts

Samples: Throughput and Tankage Agreement (Delek US Holdings, Inc.), Throughput and Tankage Agreement (Delek Logistics Partners, LP)

Deficiency Payments. (a) As soon as practicable following the end of each calendar month under this Agreement, the Logistics Entity shall deliver Delek Big Sandy shxxx xeliver to the Delek Refining Entity a written notice (the “Deficiency Notice”) detailing any failure of the Refining Entity Company to meet its obligations under Section 2(a3(a)(i), Section 2(b)(i3(a)(ii), Section 2(b)(ii3(b)(i), Section 2(c3(b)(ii), Section 2(d3(c)(i), Section 2(i)4, Section 2(k)5, Section 2(l) 6, Section 8 or Section 8(c25(c) of this Agreement. The Deficiency Notice shall (i) specify in reasonable detail the nature of any deficiency and (ii) specify the approximate dollar amount that the Logistics Entity believes Delek-Big Sandy bexxxxxs would have been paid by the Delek Refining Entity to the Logistics Entity Delek Big-Sandy if the Xxxxk Refining Entity had complied with its obligations under Section 2(a3(a)(i), Section 2(b)(i3(a)(ii), Section 2(b)(ii3(b)(i), Section 2(c3(b)(ii), Section 2(d3(c)(i), Section 2(h)4, Section 2(i)5, Section 2(k)6, Section 2(l) 8 and Section 8(c25(c) of this Agreement (the “Deficiency Payment”). The Delek Refining Entity shall pay the Deficiency Payment to the Logistics Entity upon the Delek-Big Sandy upxx xxe later of: (iA) ten (10) days after its receipt of the Deficiency Notice and (iiB) thirty (30) days following the end of the calendar month during which the Deficiency Notice was delivered.

Appears in 1 contract

Samples: Services Agreement (Delek Logistics Partners, LP)

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Deficiency Payments. (a) As soon as practicable following the end of each calendar month under this Agreement, the Logistics Entity shall deliver Delek Big Sandy shxxx xeliver to the Delek Refining Entity a written notice (the “Deficiency Notice”) detailing any failure of the Refining Entity Company to meet its obligations under Section 2(a3(a)(i), Section 2(b)(i3(a)(ii), Section 2(b)(ii3(b)(i), Section 2(c3(b)(ii), Section 2(d3(c)(i), Section 2(i)4, Section 2(k)5, Section 2(l) 6, Section 8 or Section 8(c25(c) of this Agreement. The Deficiency Notice shall (i) specify in reasonable detail the nature of any deficiency and (ii) specify the approximate dollar amount that the Logistics Entity believes Delek-Big Sandy bexxxxxs would have been paid by the Delek Refining Entity to the Logistics Entity Delek Big-Sandy if the Xxxxk Refining Entity had complied with its obligations under Section 2(a3(a)(i), Section 2(b)(i3(a)(ii), Section 2(b)(ii3(b)(i), Section 2(c3(b)(ii), Section 2(d3(c)(i), Section 2(h)4, Section 2(i)5, Section 2(k)6, Section 2(l) 8 and Section 8(c25(c) of this Agreement (the “Deficiency Payment”). The Delek Refining Entity shall pay the Deficiency Payment to the Logistics Entity upon the Delek-Big Sandy upxx xxe later of: (iА) ten (10) days after its receipt of the Deficiency Notice and (iiВ) thirty (30) days following the end of the calendar month during which the Deficiency Notice was delivered.

Appears in 1 contract

Samples: Services Agreement (Delek Logistics Partners, LP)

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