Common use of TRMC’s Right To Cure Clause in Contracts

TRMC’s Right To Cure. If at any time after the occurrence of (x) a Partnership Change of Control or (y) a sale of the Wilmington Refinery, TLO either (i) refuses or fails to meet with TRMC within the period set forth in Section 14(c), (ii) fails to agree to perform a Capacity Resolution in accordance with the standards set forth in Section 14(c) or (iii) fails to perform its obligations in compliance with the terms of a Capacity Resolution, TRMC may, as its sole remedy for any breach by TLO of any of its obligations under Section 14(c), require TLO to complete a Restoration of the affected portions of the LAR Short Haul Pipelines. Any such Restoration required under this Section 14(d) shall be completed by TLO at TRMC’s cost. TLO shall use commercially reasonable efforts to continue to provide transportation of Products tendered by TRMC while such Restoration is being completed. Any work performed by TLO pursuant to this Section shall be performed and completed in a good and workmanlike manner consistent with applicable pipeline industry standards and in accordance with all applicable laws, rules and/or regulations. Additionally, during such period after the occurrence of (x) a Partnership Change of Control or (y) a sale of the Wilmington Refinery, TRMC may exercise any remedies available to it under this Agreement (other than termination), including the right to immediately seek temporary and permanent injunctive relief for specific performance by TLO of the applicable provisions of this Agreement, including, without limitation, the obligation to make Restorations described herein.

TRMC’s Right To Cure. If at any time after the occurrence of (x) a Partnership Change of Control or (y) a sale of the Wilmington SLC Refinery, TLO either (i) refuses or fails to meet with TRMC within the period set forth in Section 14(c13(c), (ii) fails to agree to perform a Capacity Resolution in accordance with the standards set forth in Section 14(c13(c) or (iii) fails to perform its obligations in compliance with the terms of a Capacity Resolution, TRMC may, as its sole remedy for any breach by TLO of any of its obligations under Section 14(c13(c), require TLO to complete a Restoration of the affected portions of the LAR Short Haul Pipelines. Any such Restoration required under this Section 14(d13(d) shall be completed by TLO at TRMC’s cost. TLO shall use commercially reasonable efforts to continue to provide transportation of Products crude petroleum and refined petroleum products tendered by TRMC while such Restoration is being completed. Any work performed by TLO pursuant to this Section shall be performed and completed in a good and workmanlike manner consistent with applicable pipeline industry standards and in accordance with all applicable laws, rules and/or regulations. Additionally, during such period after the occurrence of (x) a Partnership Change of Control or (y) a sale of the Wilmington SLC Refinery, TRMC may exercise any remedies available to it under this Agreement (other than termination), including the right to immediately seek temporary and permanent injunctive relief for specific performance by TLO of the applicable provisions of this Agreement, including, without limitation, the obligation to make Restorations described herein.

TRMC’s Right To Cure. If at any time after the occurrence of a (x) a Partnership Change of Control or (y) a sale of the Wilmington Mandan Refinery, TLO THPP either (i) refuses or fails to meet with TRMC within the period set forth in Section 14(c13(c), (ii) fails to agree to perform a Capacity Resolution in accordance with the standards set forth in Section 14(c13(c) or (iii) fails to perform its obligations in compliance with the terms of a Capacity Resolution, TRMC may, as its sole remedy for any breach by TLO THPP of any of its obligations under Section 14(c13(c), require TLO THPP to complete a Restoration of the affected portions portion of the LAR Short Haul PipelinesPipeline System. Any such Restoration required under this Section 14(d13(d) shall be completed by TLO THPP at TRMC’s cost. TLO THPP shall use commercially reasonable efforts to continue to provide transportation of Products crude petroleum tendered by TRMC under the applicable tariffs while such Restoration is being completed. Any work performed by TLO THPP pursuant to this Section 13(d) shall be performed and completed in a good and workmanlike manner consistent with applicable pipeline industry standards and in accordance with all applicable laws, rules and/or regulations. Additionally, during such period after the occurrence of (x) a Partnership Change of Control or (y) a sale of the Wilmington Mandan Refinery, TRMC may exercise any remedies available to it under this Agreement (other than termination), including the right to immediately seek temporary and permanent injunctive relief for specific performance by TLO THPP of the applicable provisions of this Agreement, including, without limitation, the obligation to make Restorations described herein.

TRMC’s Right To Cure. If at any time after the occurrence of (x) a Partnership Change of Control or (y) a sale of the Wilmington ofthe SLC Refinery, TLO either (i) refuses or fails to meet with TRMC within the period set forth in Section 14(c), (ii) fails to agree to perform a Capacity Resolution in accordance with the standards set forth in Section 14(c) or (iii) fails to perform its obligations in compliance with the terms of a Capacity Resolution, TRMC may, as its sole remedy for any breach by TLO of any of its obligations under Section 14(c), require TLO to complete a Restoration of the affected portions of the LAR Short Haul Pipelines. Any such Restoration required under this Section 14(d) shall be completed by TLO at TRMC’s 's cost. TLO shall use commercially reasonable efforts to continue to provide transportation of Products crude petroleum and refined petroleum products tendered by TRMC while such Restoration is being completed. Any work performed by TLO pursuant to this Section shall be performed and completed in a good and workmanlike manner consistent with applicable pipeline industry standards and in accordance with all applicable lawsApplicable Laws, rules and/or regulations. Additionally, during such period after the occurrence of (xA) a Partnership Change of Control or (yB) a sale of the Wilmington SLC Refinery, TRMC may exercise any remedies available to it under this Agreement (other than termination), including the right to immediately seek temporary and permanent injunctive relief for specific performance by TLO of the applicable provisions of this Agreement, including, without limitation, the obligation to make Restorations described herein.

TRMC’s Right To Cure. If at any time after the occurrence of (x) a Partnership Change of Control or (y) a sale of the Wilmington Refinery, TLO either (i) refuses or fails to meet with TRMC within the period set forth in Section 14(c19(c), (ii) fails to agree to perform a Capacity Resolution in accordance with the standards set forth in Section 14(c19(c) or (iii) fails to perform its obligations in compliance with the terms of a Capacity Resolution, TRMC may, as its sole remedy for any breach by TLO of any of its obligations under Section 14(c19(c), require TLO to complete a Restoration of the affected portions of the LAR Short Haul Pipelines. Any such Restoration required under this Section 14(d19(d) shall be completed by TLO at TRMC’s cost. TLO shall use commercially reasonable efforts to continue to provide transportation of services for Crude Oil and Petroleum Products tendered by TRMC while such Restoration is being completed. Any work performed by TLO pursuant to this Section 19 shall be performed and completed in a good and workmanlike manner consistent with applicable pipeline industry standards and in accordance with all applicable lawsApplicable Laws, rules and/or regulations. Additionally, during such period after the occurrence of (xA) a Partnership Change of Control or (yB) a sale of the Wilmington Refinery, TRMC may exercise any remedies available to it under this Agreement (other than termination), including the right to immediately seek temporary and permanent injunctive relief for specific performance by TLO of the applicable provisions of this Agreement, including, without limitation, the obligation to make Restorations described herein.

TRMC’s Right To Cure. If at any time after the occurrence of (x) a Partnership Change of Control or (y) a sale of the Wilmington SLC Refinery, TLO either (i) refuses or fails to meet with TRMC within the period set forth in Section 14(c13(c), (ii) fails to agree to perform a Capacity Resolution in accordance with the standards set forth in Section 14(c13(c) or (iii) fails to perform its obligations in compliance with the terms of a Capacity Resolution, TRMC may, as its sole remedy for any breach by TLO of any of its obligations under Section 14(c13(c), require TLO to complete a Restoration of the affected portions portion of the LAR Short Haul Pipelines. Any such Restoration required under this Section 14(d13(d) shall be completed by TLO at TRMC’s cost. TLO shall use commercially reasonable efforts to continue to provide transportation of Products crude petroleum and refined petroleum products tendered by TRMC while such Restoration is being completed. Any work performed by TLO pursuant to this Section shall be performed and completed in a good and workmanlike manner consistent with applicable pipeline industry standards and in accordance with all applicable laws, rules and/or regulations. Additionally, during such period after the occurrence of (x) a Partnership Change of Control or (y) a sale of the Wilmington SLC Refinery, TRMC may exercise any remedies available to it under this Agreement (other than termination), including the right to immediately seek temporary and permanent injunctive relief for specific performance by TLO of the applicable provisions of this Agreement, including, without limitation, the obligation to make Restorations described herein.