Common use of Throughput Charges Clause in Contracts

Throughput Charges. For each Month during the Term, Customer will pay Company (i) $0.313 per Barrel of Product throughput and handled at the Terminal for or on behalf of Customer for throughput volumes up to 172,000 average Barrels per Day of Products (“Tier 1 Rate”), and (ii) $0.05 per Barrel of Products throughput and handled at the Terminal by or on behalf of Customer on terminal throughput volumes in excess of 172,000 average Barrels per Day of Products (“Tier 2 Rate”), in each case subject to escalation pursuant to Section 11. The Tier 1 Rate and Tier 2 Rate may be referred to collectively or individually as the “Throughput Charge”. For the avoidance of doubt, to the extent any Quarterly Deficiency Payment is applied to any Quarterly Surplus Volumes (such volumes being referred to as “Pre-Paid Volumes”), the Throughput Charge for such Pre-Paid Volumes shall be the Tier 1 Rate for the Calendar Quarter in which such Quarterly Deficiency Payment was made. For each Month within a Calendar Quarter, the Throughput Charge applied to volumes tendered for such Month shall be based on a quarter-to-date calculation of the Minimum Monthly Commitment (as defined below), and the revenue billed for such Month shall be adjusted to reflect such quarter-to-date calculation. For purposes of this Section 8, the term “Minimum Monthly Commitment” shall be 141,000 average Barrels per Day multiplied by the number of days in the applicable Month. An illustrative example of the quarter-to-date calculation of the Minimum Monthly Commitment and applicable Throughput Charges for such quarter is attached hereto as Exhibit C. For avoidance of doubt, (i) movements of Product from the Terminal to the Refinery for processing at the Refinery; (ii) movements of Product out of the Refinery from processing to the Terminal; and (iii) movements of crude oil from the Three Rivers Crude System that may move through the Terminal for delivery to Corpus Christi, Texas, are not considered throughput for which Customer will be charged a Throughput Charge.

Throughput Charges. For each Month during the Term, Customer will pay Company (i) $0.313 0.516 per Barrel of Product throughput and handled at the Terminal for or on behalf of Customer for throughput volumes up to 172,000 435,695 average Barrels per Day of Products Product for Product set forth in Exhibit B to this Schedule so received or withdrawn during such Month (“Tier 1 Rate”), and (ii) $0.05 per Barrel of Products Product throughput and handled at the Terminal by or on behalf of Customer on terminal throughput volumes in excess of 172,000 435,695 average Barrels per Day of Products Product for Product set forth in Exhibit B to this Schedule so received or withdrawn during such Month (“Tier 2 Rate”), in each case subject to escalation pursuant to Section 11. The Tier 1 Rate and Tier 2 Rate may be referred to collectively or individually as the “Throughput Charge”. For the avoidance of doubt, to the extent any Quarterly Deficiency Payment is applied to any Quarterly Surplus Volumes (such volumes being referred to as “Pre-Paid Volumes”), the Throughput Charge for such Pre-Paid Volumes shall be the Tier 1 Rate for the Calendar Quarter in which such Quarterly Deficiency Payment was made. For each Month within a Calendar Quarter, the Throughput Charge applied to volumes tendered for such Month shall be based on a quarter-to-date calculation of the Minimum Monthly Commitment (as defined below), and the revenue billed for such Month shall be adjusted to reflect such quarter-to-date calculation. For purposes of this Section 8Section, the term “Minimum Monthly Commitment” shall be 141,000 390,000, average Barrels per Day multiplied by the number of days in the applicable Month. An illustrative example of the quarter-to-date calculation of the Minimum Monthly Commitment and applicable Throughput Charges for such quarter is attached hereto as Exhibit C. For avoidance of doubt, (i) movements of Product from the Terminal to the Refinery for processing at the Refinery; (ii) Refinery and movements of Product out of the Refinery from processing to the Terminal; and (iii) movements of crude oil from the Three Rivers Crude System that may move through the Terminal for delivery to Corpus Christi, Texas, are not considered throughput for which Customer will be charged a Throughput Charge.

Throughput Charges. For each Month during the Term, Customer will pay Company (i) $0.313 0.463 per Barrel of Product throughput and handled at the Terminal for or on behalf of Customer for throughput volumes up to 172,000 211,000 average Barrels per Day of Products (“Tier 1 Rate”), and (ii) $0.05 per Barrel of Products throughput and handled at the Terminal by or on behalf of Customer on terminal throughput volumes in excess of 172,000 211,000 average Barrels per Day of Products (“Tier 2 Rate”), in each case subject to escalation pursuant to Section 11. The Tier 1 Rate and Tier 2 Rate may be referred to collectively or individually as the “Throughput Charge”. For the avoidance of doubt, to the extent any Quarterly Deficiency Payment is applied to any Quarterly Surplus Volumes (such volumes being referred to as “Pre-Paid Volumes”), the Throughput Charge for such Pre-Paid Volumes shall be the Tier 1 Rate for the Calendar Quarter in which such Quarterly Deficiency Payment was made. For each Month within a Calendar Quarter, the Throughput Charge applied to volumes tendered for such Month shall be based on a quarter-to-date calculation of the Minimum Monthly Commitment (as defined below), and the revenue billed for such Month shall be adjusted to reflect such quarter-to-date calculation. For purposes of this Section 8, the term “Minimum Monthly Commitment” shall be 141,000 165,000 average Barrels per Day multiplied by the number of days in the applicable Month. An illustrative example of the quarter-to-date calculation of the Minimum Monthly Commitment and applicable Throughput Charges for such quarter is attached hereto as Exhibit C. For avoidance of doubt, (i) movements of Product from the Terminal to the Refinery for processing at the Refinery; (ii) Refinery and movements of Product out of the Refinery from processing to the Terminal; and (iii) movements of crude oil from the Three Rivers Crude System that may move through the Terminal for delivery to Corpus Christi, Texas, are not considered throughput for which Customer will be charged a Throughput Charge.

Throughput Charges. For each Month during the Term, Customer will pay Company (i) $0.313 0.227 per Barrel of Product throughput and handled at the Terminal for or on behalf of Customer for throughput volumes up to 172,000 315,921 average Barrels per Day of Products Product for Product set forth in Exhibit B to this Schedule so received or withdrawn during such Month (“Tier 1 Rate”), and (ii) $0.05 per Barrel of Products Product throughput and handled at the Terminal by or on behalf of Customer on terminal throughput volumes in excess of 172,000 315,921 average Barrels per Day of Products Product for Product set forth in Exhibit B to this Schedule so received or withdrawn during such Month (“Tier 2 Rate”), in each case subject to escalation pursuant to Section 11. The Tier 1 Rate and Tier 2 Rate may be referred to collectively or individually as the “Throughput Charge”. For the avoidance of doubt, to the extent any Quarterly Deficiency Payment is applied to any Quarterly Surplus Volumes (such volumes being referred to as “Pre-Paid Volumes”), the Throughput Charge for such Pre-Paid Volumes shall be the Tier 1 Rate for the Calendar Quarter in which such Quarterly Deficiency Payment was made. For each Month within a Calendar Quarter, the Throughput Charge applied to volumes tendered for such Month shall be based on a quarter-to-date calculation of the Minimum Monthly Commitment (as defined below), and the revenue billed for such Month shall be adjusted to reflect such quarter-to-date calculation. For purposes of this Section 8Section, the term “Minimum Monthly Commitment” shall be 141,000 300,000 average Barrels per Day multiplied by the number of days in the applicable Month. An illustrative example of the quarter-to-date calculation of the Minimum Monthly Commitment and applicable Throughput Charges for such quarter is attached hereto as Exhibit C. For avoidance of doubt, (i) movements of Product from the Terminal to the Refinery for processing at the Refinery; (ii) Refinery and movements of Product out of the Refinery from processing to the Terminal; and (iii) movements of crude oil from the Three Rivers Crude System that may move through the Terminal for delivery to Corpus Christi, Texas, are not considered throughput for which Customer will be charged a Throughput Charge.

Throughput Charges. For each Month during the Term, Customer will pay Company (ia) $0.313 0.509 per Barrel of Product Products throughput and handled at the Terminal Terminals for or on behalf of Customer for throughput volumes up to 172,000 390,000 average Barrels per Day of Products (“Tier 1 Rate”), ) and (iib) $0.05 per Barrel of Products throughput and handled at the Terminal by Terminals for or on behalf of Customer on terminal for throughput volumes in excess of 172,000 390,000 average Barrels per Day of Products (“Tier 2 Rate”), in each case subject to escalation pursuant to Section 11. The Tier 1 Rate and Tier 2 Rate may be referred to collectively or individually as the “Throughput Charge”. .” For the avoidance of doubt, to the extent any Quarterly Deficiency Payment is applied to any Quarterly Surplus Volumes (such volumes being referred to as “Pre-Paid Volumes”), the Throughput Charge for such Pre-Paid Volumes shall be the Tier 1 Rate for the Calendar Quarter in which such Quarterly Deficiency Payment was made. For each Month within a Calendar Quarter, the Throughput Charge applied to volumes tendered for such Month shall be based on a quarter-to-date calculation of the Minimum Monthly Commitment (as defined below)Commitment, and the revenue billed for such Month shall be adjusted to reflect such quarter-to-date calculation. For purposes of this Section 8, the term “Minimum Monthly Commitment” shall be 141,000 354,000 average Barrels per Day of Products multiplied by the number of days in the applicable Month. An illustrative example of the quarter-to-date calculation of the Minimum Monthly Commitment and applicable Throughput Charges for such quarter is attached hereto as Exhibit C. For avoidance of doubt, (ia) movements of Product Products from the Terminal Terminals to the Refinery Refineries for processing at the Refinery; (ii) Refineries and movements of Product Products out of the Refinery Refineries from processing to the Terminal; and (iii) movements of crude oil from the Three Rivers Crude System that may move through the Terminal for delivery to Corpus Christi, Texas, Terminals are not considered throughput for which Customer will be charged a Throughput Charge; (b) movements of Products between the Terminals are not considered throughput for which Customer will be charged a Throughput Charge; and (c) for movements of Export Crude, Customer will be charged a Throughput Charge on both the receipt of Export Crude at the Corpus West Terminal and deliveries of Export Crude from the Corpus West Terminal.

Throughput Charges. For each Month during the Term, Customer will pay Company (i) $0.313 0.333 per Barrel of Product throughput and handled at the Terminal for or on behalf of Customer for throughput volumes up to 172,000 320,000 average Barrels per Day of Products (“Tier 1 Rate”), and (ii) $0.05 per Barrel of Products throughput and handled at the Terminal by or on behalf of Customer on terminal throughput volumes in excess of 172,000 320,000 average Barrels per Day of Products (“Tier 2 Rate”), in each case subject to escalation pursuant to Section 11. The Tier 1 Rate and Tier 2 Rate may be referred to collectively or individually as the “Throughput Charge”. For the avoidance of doubt, to the extent any Quarterly Deficiency Payment is applied to any Quarterly Surplus Volumes (such volumes being referred to as “Pre-Paid Volumes”), the Throughput Charge for such Pre-Paid Volumes shall be the Tier 1 Rate for the Calendar Quarter in which such Quarterly Deficiency Payment was made. For each Month within a Calendar Quarter, the Throughput Charge applied to volumes tendered for such Month shall be based on a quarter-to-date calculation of the Minimum Monthly Commitment (as defined below), and the revenue billed for such Month shall be adjusted to reflect such quarter-to-date calculation. For purposes of this Section 8, the term “Minimum Monthly Commitment” shall be 141,000 272,000 average Barrels per Day multiplied by the number of days in the applicable Month. An illustrative example of the quarter-to-date calculation of the Minimum Monthly Commitment and applicable Throughput Charges for such quarter is attached hereto as Exhibit C. For avoidance of doubt, (i) movements of Product from the Terminal to the Refinery for processing at the Refinery; (ii) Refinery and movements of Product out of the Refinery from processing to the Terminal; and (iii) movements of crude oil from the Three Rivers Crude System that may move through the Terminal for delivery to Corpus Christi, Texas, are not considered throughput for which Customer will be charged a Throughput Charge.