MPUF Relief Clause Samples

MPUF Relief. During any Month that one or both of the Berths or any of the Pipelines are not available to receive any of Customer’s Products on a day in which Customer is scheduled to have access to a Berth and the Pipelines, for any reason other than Customer’s actions, including without limitation, Operator’s actions, Force Majeure, and the actions of a Governmental Authority, and such unavailability prevents Customer from utilizing the Pipelines to throughput the Minimum Pipeline Throughput Volume during that Month, then the Minimum Pipeline Throughput Volume and resulting Minimum Pipeline Use Fee for such Month will be reduced as follows: (i) if both Berths are unavailable, then the Minimum Pipeline Use Fee will be proportionally reduced in proportion to the number of days in such Month when Customer’s Marine Vessels were prevented from having access to the Berths as a result of the Berths being unavailable; or (ii) if only one Berth (Berth 84A or Berth 86) is available, then the Minimum Pipeline Use Fee will be proportionally reduced in proportion to the number of days in such Month when Customer’s Marine Vessels were prevented from having access to the Berths for more than two (2) days after delivering NOR (as a result of one (1) Berth being unavailable).