Examples of Rail Minimum Commitment in a sentence
Customer commits to deliver and/or pay for the Rail Minimum Commitment on a Monthly basis during the Term.
If, during any Month during the Term, Customer throughputs aggregate rail volumes at the Anchorage Terminal that are less than the Rail Minimum Commitment for such Month, then Customer shall pay TLO an amount (a “Rail Shortfall Payment”) for any shortfall.
If during any Month during the Term, Customer loads or unloads aggregate rail volumes at the Anchorage Terminal greater than the Rail Minimum Commitment, then Customer shall pay TLO an amount equal to the fee determined by multiplying the actual rail volumes loaded or unloaded by Customer in excess of the Rail Minimum Commitment by the Rail Loading Services Fee (the “Excess Rail Amount”).
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For the duration of the Force Majeure Period, Customer shall be permitted to reduce its Terminal Minimum Throughput Commitment and/or Rail Minimum Commitment for the particular Terminal as provided in Section 30(b).
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At such time as TLO is capable of loading and unloading railcar volumes equal to the Rail Minimum Capacity, Customer’s obligation to meet the full Rail Minimum Commitment shall be restored.
Customer shall deliver and/or pay for the Rail Minimum Commitment and TLO shall make available to Customer at all times rail loading and unloading capacity at the Anchorage Terminal sufficient to allow Customer to throughput the Rail Reserved Capacity, subject to railroad scheduling procedures and the operating procedures established from time-to-time by TLO for the Terminal.
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If the Parties agree on the amount of any such credits, then they shall execute a Terminal Service Order that shall establish the amount of the applicable credits, which shall be applied to as an offset against Customer’s Terminal Minimum Throughput Commitment and/or Rail Minimum Commitment for the periods while such credits remain in force.