Common use of Minimum Volume Commitment Clause in Contracts

Minimum Volume Commitment. During the term of this Agreement and subject to the terms and conditions of this Agreement (including, without limitation, Section 10 hereof), ALON agrees as follows: (i) Commencing on the Effective Date, ALON will transport on the Refined Product Pipelines and terminal in the Refined Product Terminals volumes of Refined Products equal to or greater than the minimum volumes per day specified for each Refined Product Pipeline and Refined Product Terminal on Exhibits A and B hereto (collectively, the “Minimum Volume Commitment”). (ii) Without prejudice to any other remedy available to ALON, if for any period of time ALON is unable to transport on the Refined Product Pipelines or terminal in the Refined Product Terminals the volumes of Refined Products which are required to meet the Minimum Volume Commitment and for which ALON is ready, willing and able to transport or terminal, whether such inability is due to HEP’s operational difficulties, prorationing, difficulties with pipeline connections, or otherwise, then the Minimum Volume Commitment will be reduced for such period of time by the volume of Refined Products that ALON is unable to transport on the Refined Product Pipelines or terminal in the Refined Product Terminals as reasonably determined and communicated by ALON to HEP in writing from time to time during such period. (iii) The parties acknowledge and agree that all volumes of Refined Products and Other Products transported or stored in the Refined Product Pipelines, the Refined Product Terminals and/or the related assets transferred to HEP pursuant to the Contribution Agreement (the “Transferred Assets”), whether transported or stored for or on behalf of ALON or any other party, shall apply toward satisfaction of the Minimum Volume Commitment. (iv) The Minimum Volume Commitment shall not be reduced and ALON shall be responsible for providing alternative transportation, at ALON’s sole cost and expense, should the Chevron Segment be unavailable due to the termination, expiration, or nonrenewal of the lease.

Minimum Volume Commitment. During the term of this Agreement and subject to the terms and conditions of this Agreement (including, without limitation, Section 10 hereof), ALON agrees as follows: (i) Commencing on the Effective Date, ALON will transport on the Refined Product Pipelines and terminal in the Refined Product Terminals volumes of Refined Products equal to or greater than the minimum volumes per day specified for each Refined Product Pipeline and Refined Product Terminal on Exhibits A and B hereto (collectively, the “"Minimum Volume Commitment”"). (ii) Without prejudice to any other remedy available to ALON, if for any period of time ALON is unable to transport on the Refined Product Pipelines or terminal in the Refined Product Terminals the volumes of Refined Products which are required to meet the Minimum Volume Commitment and for which ALON is ready, willing and able to transport or terminal, whether such inability is due to HEP’s 's operational difficulties, prorationing, difficulties with pipeline connections, or otherwise, then the Minimum Volume Commitment will be reduced for such period of time by the volume of Refined Products that ALON is unable to transport on the Refined Product Pipelines or terminal in the Refined Product Terminals as reasonably determined and communicated by ALON to HEP in writing from time to time during such period. (iii) The parties acknowledge and agree that all volumes of Refined Products and Other Products transported or stored in the Refined Product Pipelines, the Refined Product Terminals and/or the related assets transferred to HEP pursuant to the Contribution Agreement (the “"Transferred Assets”"), whether transported or stored for or on behalf of ALON or any other party, shall apply toward satisfaction of the Minimum Volume Commitment. (iv) The Minimum Volume Commitment shall not be reduced and ALON shall be responsible for providing alternative transportation, at ALON’s 's sole cost and expense, should the Chevron Segment be unavailable due to the termination, expiration, or nonrenewal of the lease.

Minimum Volume Commitment. During (a) Shipper has agreed that if the term aggregate volumes of Crude Petroleum made available for delivery by Shipper at the Receipt Point(s) as Committed Volumes in any Contract Year do not at least equal a minimum volume to pay Carrier the MVC Shortfall Fee calculated and paid as provided in this Agreement and subject Section 5.3. Following the end of each Contract Year, if there is a shortfall in the Cumulative MVC Credit Volumes as of the end of such Contract Year as compared to the terms and conditions Cumulative Minimum Volume Commitment as of this Agreement the end of such Contract Year (includingany such shortfall, without limitation, Section 10 hereof“MVC Shortfall Volumes”), ALON agrees as follows: (i) Commencing on the Effective Date, ALON will transport on the Refined Product Pipelines and terminal in the Refined Product Terminals volumes of Refined Products Shipper shall pay to Carrier an amount equal to or greater than the minimum volumes per day specified product of the MVC Shortfall Volumes for each Refined Product Pipeline and Refined Product Terminal on Exhibits A and B hereto such Contract Year multiplied by the Committed Rate in effect in such Contract Year (collectivelysuch amount, the “Minimum Volume CommitmentMVC Shortfall Fee”). (iib) Without prejudice to any other remedy The aggregate amount of the MVC Shortfall Fees that are paid by Shipper, if any, shall be available to ALON, if for any period of time ALON is unable to transport on the Refined Product Pipelines or terminal be credited against amounts due in the Refined Product Terminals future in respect of the volumes Committed Rates due under Section 5.1 in the manner described in this Section 5.3(b). If at the end of Refined Products which are required to meet any Month in any Contract Year the Cumulative MVC Credit Volumes for that Contract Year exceed the Cumulative Minimum Volume Commitment as of the end of such Month, and for which ALON is readyif Shipper has paid a MVC Shortfall Fee in respect of one or more previous Contract Years, willing and able Shipper shall be entitled to transport or terminala credit (the “MVC Shortfall Fee Credit”) in an amount up to the MVC Shortfall Fees previously paid, whether such inability is due but not to HEP’s operational difficulties, prorationing, difficulties with pipeline connections, or otherwise, then exceed the excess of the Cumulative MVC Credit Volumes over the Cumulative Minimum Volume Commitment will be reduced for such period of time multiplied by the volume Committed Rate in effect in such Contract Year. Such MVC Shortfall Fee Credit shall be applied against amounts otherwise owing in respect of Refined Products that ALON is unable to transport on such MVC Shortfall Fees until fully applied, commencing with the Refined Product Pipelines or terminal in the Refined Product Terminals as reasonably determined and communicated by ALON to HEP in writing from time to time during first Month after such periodMVC Shortfall Fee Credit has been earned. (iiic) The parties acknowledge and agree that all volumes of Refined Products and Other Products transported or stored in the Refined Product Pipelines, the Refined Product Terminals and/or the related assets transferred to HEP invoice delivered by Carrier pursuant to Section 11.1 for the Contribution Agreement (last Month of each Contract Year shall state the “Transferred Assets”)amount of the MVC Shortfall Fee, whether transported or stored if any, for or on behalf such Contract Year. The monthly invoice shall state the amount of ALON or any other partythe MVC Shortfall Fee Credit, if any, available to be credited against amounts owing in respect of the rates, and such invoice and each succeeding invoice, to the extent applicable, shall apply toward satisfaction reflect the application of any MVC Shortfall Fee Credit. If such invoice shows a MVC Shortfall Fee, Shipper shall pay such MVC Shortfall Fee as part of the Minimum Volume Commitmentpayment for such invoice. (ivd) The Minimum Volume Commitment shall not be reduced and ALON shall be responsible for providing alternative transportation, at ALON’s sole cost and expense, should An example of the Chevron Segment be unavailable due calculations relating to the termination, expiration, or nonrenewal of the lease.MVC Shortfall Fee is set forth on Exhibit D.