Common use of Overbalances Clause in Contracts

Overbalances. Notwithstanding anything herein to the contrary, to the extent that (a) a volume of Product in excess of the Maximum Cargo Volume is received into the Fungible Staging Tank(s) hereunder, (b) any volume of Product remains in any Fungible Staging Tank or otherwise at the Terminal after the Cargo has been loaded pursuant to the Agreement (including as a result of the underloading of a Vessel within the Load Volume Tolerance set forth in Section 4.2 above), and/or (c) any volume of Product remains in any Fungible Staging Tank or otherwise at the Terminal after the cancellation (or deemed cancellation) of the Cargo (such volumes of Product, as applicable, the “Holdover Balance”), then Enterprise shall return a volume of Product equal to such Holdover Balance to Customer’s account at the ECHO Terminal; provided, however, that to the extent that Customer does not have sufficient contractual rights for storage with respect to such Holdover Balance at the ECHO Terminal at such time, then Enterprise shall have the right to sell, vacate or otherwise dispose of such Product in any commercially reasonable manner and, in which event, (i) Enterprise will be entitled to deduct all amounts due and payable by Customer to Enterprise under the Agreement from the proceeds received from such sale, (ii) all direct costs incurred by or on behalf of Enterprise in connection with any such sale (including transportation charges incurred in connection therewith) shall be for Customer’s account, and (iii) Enterprise will remit the net amount of the proceeds received from such sale, if any, to Customer.