Common use of Truck Rack Commitment Clause in Contracts

Truck Rack Commitment. For each Calendar Quarter during the Initial Term, Customer shall tender or cause to be tendered an average of at least 8,500 Barrels per Day of Product to the Terminal for storage and handling and redelivery at the Truck Rack, in approximately ratable quantities (such average, the “Minimum Quarterly Truck Rack Commitment”) and Company shall accept, store and redeliver such Product in accordance with the terms of this Schedule. Except as expressly provided in the Agreement in connection with an Outage, a Company Force Majeure or a Customer Force Majeure, if during any Calendar Quarter, Customer fails to satisfy its Minimum Quarterly Truck Rack Commitment during such Calendar Quarter during the Initial Term, then Customer will pay Company a deficiency payment (each, a “Truck Rack Deficiency Payment”) in an amount equal to the volume of the deficiency (the “Truck Rack Deficiency Volume”) multiplied by the Truck Rack Throughput Charge. Customer shall pay the amount of such Truck Rack Deficiency Payment along with any Truck Rack Throughput Charge. The dollar amount of any Truck Rack Deficiency Payment paid by Customer may be applied as a credit against any amounts incurred by Customer and owed to Company with respect to volumes of Product delivered across the Truck Rack in excess of Customer’s Minimum Quarterly Truck Rack Commitment (or, if this Schedule expires or is terminated, to volumes delivered across the Truck Rack in excess of the applicable Minimum Quarterly Truck Rack Commitment in effect as of the date of such expiration or termination) (such excess volume in any Calendar Quarter during the Initial Term is referred to as the “Truck Rack Surplus Volume”) during any of the succeeding four Calendar Quarters, after which time any unused credits will expire. This Section 7(a) shall survive the expiration or termination of this Schedule, if necessary for the application of any Truck Rack Deficiency Payment against any Truck Rack Surplus Volume as set forth herein. During the Term, Company shall provide throughput capacity at the Truck Rack, to Customer in excess of the Minimum Quarterly Truck Rack Commitment on an “as available” basis, and any use of such excess capacity shall be subject to the Truck Rack Throughput Charge.

Truck Rack Commitment. For each Calendar Quarter during the Initial Term, Customer shall tender or cause to be tendered an average of at least 8,500 Barrels per Day of Product to the Terminal for storage and handling and redelivery at the Truck Rack, in approximately ratable quantities (such average, the “Minimum Quarterly Truck Rack Commitment”) and Company shall accept, store and redeliver such Product in accordance with the terms of this Schedule. Except as expressly provided in the Agreement in connection with an Outage, a Company Force Majeure or a Customer Force Majeure, if during any Calendar Quarter, Customer fails to satisfy its Minimum Quarterly Truck Rack Commitment during such Calendar Quarter during the Initial Term, then Customer will pay Company a deficiency payment (each, a “Truck Rack Deficiency Payment”) in an amount equal to the volume of the deficiency (the “Truck Rack Deficiency Volume”) multiplied by the Truck Rack Throughput Charge. Customer shall pay the amount of such Truck Rack Deficiency Payment along with any Truck Rack Throughput Charge. The dollar amount of any Truck Rack Deficiency Payment paid by Customer may be applied as a credit against any amounts incurred by Customer and owed to Company with respect to volumes of Product delivered across the Truck Rack in excess of Customer’s Minimum Quarterly Truck Rack Commitment (or, if this Schedule expires or is terminated, to volumes delivered across the Truck Rack in excess of the applicable Minimum Quarterly Truck Rack Commitment in effect as of the date of such expiration or termination) (such excess volume in any Calendar Quarter during the Initial Term is referred to as the “Truck Rack Surplus Volume”) during any of the succeeding four Calendar Quarters, after which time any unused credits will expire. This Section 7(a) shall survive the expiration or termination of this Schedule, if necessary for the application of any Truck Rack Deficiency Payment against any Truck Rack Surplus Volume as set forth herein. During the Term, Company shall provide throughput capacity at the Truck Rack, Rack to Customer in excess of the Minimum Quarterly Truck Rack Commitment on an “as available” basis, and any use of such excess capacity shall be subject to the Truck Rack Throughput Charge.

Truck Rack Commitment. For each Calendar Quarter during the Initial Term, Customer shall tender or cause to be tendered an average of at least 8,500 Barrels per Day of Product to the Terminal for storage and handling and redelivery at the Truck Rack, in approximately ratable quantities (such average, the “Minimum Quarterly Truck Rack Commitment”) and Company shall accept, store and redeliver such Product in accordance with the terms of this Schedule. Except as expressly provided in the Agreement in connection with an Outage, a Company Force Majeure or a Customer Force Majeure, if during any Calendar Quarter, Customer fails to satisfy its Minimum Quarterly Truck Rack Commitment during such Calendar Quarter during the Initial Term, then Customer will pay Company a deficiency payment (each, a “Truck Rack Deficiency Payment”) in an amount equal to the volume of the deficiency (the “Truck Rack Deficiency Volume”) multiplied by the Truck Rack Throughput Charge. Customer shall pay the amount of such Truck Rack Deficiency Payment along with any Truck Rack Throughput Charge. The dollar amount of any Truck Rack Deficiency Payment paid by Customer may be applied as a credit against any amounts incurred by Customer and owed to Company with respect to volumes of Product delivered across the Truck Rack in excess of Customer’s Minimum Quarterly Truck Rack Commitment (or, if this Schedule expires or is terminated, to volumes delivered across the Truck Rack in excess of the applicable Minimum Quarterly Truck Rack Commitment in effect as of the date of such expiration or termination) (such excess volume in any Calendar Quarter during the Initial Term is referred to as the “Truck Rack Surplus Volume”) during any of the succeeding four Calendar Quarters, after which time any unused credits will expire. This Section 7(a) shall survive the expiration or termination of this Schedule, if necessary for the 2 application of any Truck Rack Deficiency Payment against any Truck Rack Surplus Volume as set forth herein. During the Term, Company shall provide throughput capacity at the Truck Rack, to Customer in excess of the Minimum Quarterly Truck Rack Commitment on an “as available” basis, and any use of such excess capacity shall be subject to the Truck Rack Throughput Charge.