Total Fee Adjustment Sample Clauses
The Total Fee Adjustment clause defines how and when the total amount payable under a contract may be modified. Typically, this clause outlines the circumstances that can trigger a fee change, such as changes in project scope, unforeseen costs, or regulatory requirements, and describes the process for calculating and approving the adjustment. Its core practical function is to provide a clear mechanism for revising the contract price, ensuring both parties have a fair and transparent method to address changes in costs during the course of the agreement.
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Total Fee Adjustment. If, at any time during a Contract Year, the total per-Barrel fee paid by Customer to throughput Product across the Berths (including the MTVF, any pass-through costs, any OCR, any MPC, and any other fees) exceeds the total fees paid by any customer, other than Shell Lubes, for use of the Berths, Dock, Wharf, or Marine Terminal, then Operator shall refund Customer, on a per-Barrel basis, any excess paid by Customer in such Contract Year. In such event, Operator shall adjust Customer’s future fees such that Customer’s total per-Barrel fees are no more than any customer, other than Shell Lubes, at the Berths, Dock, Wharf, or Marine Terminal.
Total Fee Adjustment. If, at any time during a Contract Year, the total per-Barrel fee paid by Customer to Operator (including any pass-through costs, any OCR, any MPC, and any other fees) with respect to throughput of Crude Oil deliveries and services rendered at Terminal 2 or the Long Beach Terminal, respectively, exceeds the total fees paid by any customer, other than Shell Lubes, for use of Terminal 2 or the Long Beach Terminal, as applicable, then Operator shall refund Customer, on a per-Barrel basis, any excess paid by Customer with respect to such Marine Terminal in such Contract Year. In such event, Operator shall adjust Customer’s future fees for such Marine Terminals such that Customer’s total per-Barrel fees at Terminal 2 or the Long Beach Terminal are no more than any customer, other than Shell Lubes, at such Marine Terminals.