Common use of Excess Capacity Clause in Contracts

Excess Capacity. Customer may throughput volumes in excess of the Terminal Minimum Throughput Commitment for the particular Terminal, up to the then-available capacity of the particular Terminal, net of any third-party commitments, as determined by TLO at any time, which allocation of any excess capacity shall be in accordance with current practices, or as otherwise may be set forth in a Terminal Service Order. If during any Month during the Term, Customer throughputs aggregate volumes of a particular Product at a Terminal greater than the Terminal Minimum Throughput Commitment for the particular Terminal, then Customer shall pay TLO an amount equal to the fee determined by multiplying the actual volumes throughput by Customer in excess of the Terminal Minimum Throughput Commitment for the particular Terminal by the Terminalling Service Fee for the particular Terminal (the “Terminal Excess Amount”).

Excess Capacity. Customer may throughput volumes in excess of the Terminal Minimum Throughput Commitment Reserved Capacity for the particular respective Terminal, up to the then-available capacity of the particular respective Terminal, net of any third-party commitments, as determined by TLO Provider at any time, which allocation of any excess capacity shall be in accordance with current practices, or as otherwise may be set forth in a Terminal Service Order. If during any Month during the Term, Customer throughputs aggregate volumes of a particular Product at a the respective Terminal greater than the Terminal Minimum Throughput Commitment for the particular such respective Terminal, then Customer shall pay TLO Provider an amount equal to the fee determined by multiplying the actual volumes throughput by Customer in excess of the Terminal Minimum Throughput Commitment for the particular such respective Terminal by the Terminalling Service Fee for the particular such respective Terminal (the “Terminal Excess Amount”).