Common use of Total Fee Adjustment Clause in Contracts

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.