Pass-Through Contracts Clause Samples

Pass-Through Contracts. The Pass-Through Contracts existing on January 1, 2017 are set forth on Exhibit B-3 attached hereto. Customer shall have the right from time to time during the Term to propose additional Pass-Through Contracts under this Agreement by delivery of Notice to Provider pursuant to Section 19.2 indicating Customer’s intent to add a Pass-Through Contract to Exhibit B-3. Should (a) Provider consent to the addition of such contract as a Pass-Through Contract hereunder and (b) Exhibit B-3 be updated to reflect the addition of such Pass-Through Contract, then all volumes owned or Controlled by Customer pursuant to such contract and delivered to Provider hereunder (to the extent such volumes were delivered from and after the last update of Exhibit B-3 and prior to the delivery of such written notice or after the delivery of such notice) shall be deemed to be “Pass-Through Contract Crude Oil” for all purposes hereunder. Notwithstanding anything in this Agreement to the contrary and for the avoidance of doubt, the Parties agree that any Exhibit update contemplated by this Section 4.5 shall not be considered (i) “administrative” in nature or (ii) of “de minimis economic effect”.