Underbalances Clause Samples

Underbalances. To the extent that Enterprise redelivers a volume of product to Customer’s Vessel hereunder that exceeds the volume of Product held for the account of Customer hereunder at such time (including as a result of the loading of excess Product onto a Vessel within the Load Volume Tolerance set forth in Section 4.2 above), Customer agrees to use Commercially Reasonable Efforts to clear such Product imbalance in a timely manner (but in no event later than thirty (30) days following Completion of Loading), by causing a volume of product meeting the Product Specifications equal to such shortfall (the “Shortfall Balance”) to be delivered into Customer’s account at the ECHO Terminal, whereupon the Shortfall Balance will be settled physically with Enterprise. To the extent that Customer is unable to cause the Shortfall Balance to be delivered into its account at the ECHO Terminal in a timely manner, Enterprise shall have the right to acquire or otherwise have delivered into Customer’s account a volume of product necessary to reduce such Shortfall Balance to zero (0) Barrels, in which event Customer shall promptly reimburse Enterprise for all costs and expenses incurred by or on behalf of Enterprise as a result of such settlement, including the price paid by Enterprise for such product and any transportation costs and expenses relating thereto.