Minimum Quarterly Pasadena Pumpover Commitment Clause Samples

Minimum Quarterly Pasadena Pumpover Commitment. (a) During each Calendar Quarter, Company shall tender at the Pasadena Terminal for onward transportation via pipeline to the ▇▇▇▇▇▇ ▇▇▇▇▇▇ Terminal or any other destination at least a combined average of 135,000 Barrels per Day of Commodities, in approximately ratable quantities (such average, the “Minimum Quarterly Pasadena Pumpover Commitment”). For pumpover services to any pipeline other than the pipeline to the ▇▇▇▇▇▇ ▇▇▇▇▇▇ Terminal (which service is governed by one of Carrier’s tariffs), Company shall pay Carrier at a rate equal to the “Pasadena Pumpover Fee” determined in accordance with Exhibit B. TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). (b) If Company fails to meet its Minimum Quarterly Pasadena Pumpover Commitment during any Calendar Quarter, then Company will pay Carrier a deficiency payment (each, a “Pasadena Pumpover Deficiency Payment”) equal to the volume of the deficiency multiplied by the “Pasadena Pumpover Fee” determined in accordance with Exhibit B. (c) The dollar amount of any Pasadena Pumpover Deficiency Payment paid by Company may be applied as a credit against any amounts incurred by Company and owed to Carrier with respect to volumes of Commodities delivered through the Pasadena Terminal in excess of Company’s Minimum Quarterly Pasadena Pumpover Commitment (or, if this Agreement expires or is terminated, to volumes that would have been in excess of Company’s Minimum Quarterly Pasadena Pumpover Commitment if this Agreement were still in effect) during any of the succeeding four Calendar Quarters, after which time any unused credits will expire. This Section 3.04(c) shall survive the expiration or termination of this Agreement. (d) Carrier shall provide pumpover services to any pipeline other than the pipeline to the ▇▇▇▇▇▇ ▇▇▇▇▇▇ Terminal (which service is governed by one of Carrier’s tariffs) in addition to Company’s Minimum Quarterly Pasadena Pumpover Commitment on an “as available” basis, at the “Pasadena Pumpover Fee” determined in accordance with Exhibit B.