Excess Throughput Clause Samples
The Excess Throughput clause defines how additional usage or capacity beyond an agreed-upon threshold is managed in a contract. Typically, this clause specifies the conditions under which a party may exceed the standard throughput limits, outlines any associated fees or penalties, and details the process for measuring and reporting excess usage. Its core practical function is to ensure that both parties understand the financial and operational implications of exceeding agreed limits, thereby preventing disputes and allocating costs fairly.
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Excess Throughput. The Company shall have the right to throughput volumes in excess of its Minimum Throughput Commitment (“Excess Throughput”), up to the then-available capacity of the Terminal, as reasonably determined by the Operator in good faith at any time (after giving effect to the physical and operational constraints of the Terminal and the capacity contractually committed to third parties). In accordance with Section 3.1, the Company shall pay the Operator the applicable per-Barrel Terminaling Service Fee for any Excess Throughput.
Excess Throughput. There shall be an additional charge of $5.00 for each short ton handled into the Tank(s) in excess of 12,852 short tons per contract period.
Excess Throughput. For volumes in excess of the allowed throughput, Excess Throughput Charges shall be calculated by adding the total number of barrels (at natural) received or shipped in a 12- month period above the allowed throughput quantity. Sample Calculation: Please refer to Exhibit A
Excess Throughput. There shall be an additional charge of $0.025 per gallon handled into the Tank(s) in excess of 1,072,000 gallons per contract year.
Excess Throughput. During the Term, the Company shall have the right to throughput (x) volumes in excess of its Minimum Throughput Commitment at the Terminal and (y) volumes through the Additional Facilities(in any such case, “Excess Throughput”), up to (i) the then-available capacity of the Terminal, as reasonably determined by the Operator in good faith at any time (after giving effect to the physical and operational constraints of the Terminal and the capacity contractually committed to third parties) or (ii) the stipulated capacities of the Additional Facilities as set forth in Exhibit F. In addition to the fees for Ancillary Services related thereto, the Company shall pay the Operator the Operator’s incremental operating costs arising from any Excess Throughput as such amounts shall be reasonably determined by the Operator.
Excess Throughput. In the event that the total number of inbound Barrels of Commodities handled pursuant to the Marine Fuel Agreement, as amended, exceeds **********, an Excess Throughput Fee of ********** shall apply. The following changes shall be made to the MARINE FUEL AGREEMENT: Sections 1,2,5,7, and 8 shall be amended to read as follows:
Excess Throughput. PBF shall have the right to throughput volumes in excess of its Minimum Throughput Commitment (“Excess Throughput”), up to the then-available capacity of the Terminal, as reasonably determined by the Operator in good faith at any time (after giving effect to the physical and operational constraints of the Terminal and the capacity contractually committed to third parties). In accordance with Section 5(a), PBF shall pay the Operator the applicable fees for any Excess Throughput.