Common use of 15% or More Surcharge Clause in Contracts

15% or More Surcharge. In the event any Surcharge results in a fifteen percent (15%) or more increase in the applicable service fee, TLO shall notify Customer of the amount of the Surcharge required to reimburse TLO for its costs, plus carrying costs, together with reasonable supporting detail for the nature and amount of any such Surcharge. (i) If within thirty (30) days of such notification provided in this Section 11(d), Customer does not agree to pay such Surcharge or to reimburse TLO up front for its costs, TLO may elect to either: a. require Customer to pay such Surcharge, up to a fifteen percent (15%) increase in the applicable service fee; or b. terminate the service under this Agreement to which the Surcharge applies, upon notice to Customer. (ii) TLO’s performance obligations under this Agreement shall be suspended or reduced during the above thirty (30) day period to the extent that TLO would be obligated to make such expenditures to continue performance during such period.

Appears in 8 contracts

Samples: Terminalling Services Agreement, Rail Terminalling Services Agreement (Andeavor), Terminalling Services Agreement (Tesoro Corp /New/)

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15% or More Surcharge. In the event any Surcharge results in a fifteen percent (15%) or more increase in the applicable service feefee in accordance with Section 7(a), TLO Operator shall notify Customer of the amount of the Surcharge required to reimburse TLO Operator for its costs, plus carrying costs, together with reasonable supporting detail for the nature and amount of any such Surcharge. (i) If within thirty (30) days of such notification provided in this Section 11(d7(d), Customer does not agree to pay such Surcharge or to reimburse TLO Operator up front for its costs, TLO Operator may elect to either: a. (A) require Customer to pay such Surcharge, up to a fifteen percent (15%) increase in the applicable service fee; or b. (B) terminate the service under affected Pipeline(s) or other facilities from this Agreement to which the Surcharge applies, upon notice to Customer. (ii) TLOOperator’s performance obligations under this Agreement shall be suspended or reduced during the above thirty (30) day period to the extent that TLO Operator would be obligated to make such expenditures to continue performance during such period.

Appears in 2 contracts

Samples: Pipeline Throughput Agreement (Tesoro Corp /New/), Pipeline Throughput Agreement (Tesoro Logistics Lp)

15% or More Surcharge. In the event any Surcharge results in a fifteen percent (15%) or more increase in the applicable service fee, TLO shall notify Customer of the amount of the Surcharge required to reimburse TLO for its costs, plus carrying costs, together with reasonable supporting detail for the nature and amount of any such Surcharge. (i) If within thirty (30) days of such notification provided in this Section 11(d13(d), Customer does not agree to pay such Surcharge or to reimburse TLO up front for its costs, TLO may elect to either: a. require Customer to pay such Surcharge, up to a fifteen percent (15%) increase in the applicable service fee; or b. terminate the service under this Agreement to which the Surcharge applies, upon notice to Customer. (ii) TLO’s performance obligations under this Agreement shall be suspended or reduced during the above thirty (30) day period to the extent that TLO would be obligated to make such expenditures to continue performance during such period.

Appears in 2 contracts

Samples: Terminalling Services Agreement (Tesoro Corp /New/), Terminalling Services Agreement (Tesoro Logistics Lp)

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15% or More Surcharge. In the event any Surcharge results in a fifteen percent (15%) or more increase in the applicable service fee, TLO Provider shall notify Customer of the amount of the Surcharge required to reimburse TLO Provider for its costs, plus carrying costs, together with reasonable supporting detail for the nature and amount of any such Surcharge. (ia) If within thirty (30) days of such notification provided in this Section 11(d)6.4, Customer does not agree to pay such Surcharge or to reimburse TLO Provider up front for its costs, TLO Provider may elect to either: a. (i) require Customer to pay such Surcharge, up to a fifteen percent (15%) increase in the applicable service fee; or b. (ii) terminate the service service(s) under this Agreement to which the Surcharge applies, upon notice to Customer. (iib) TLOProvider’s performance obligations under this Agreement shall be suspended or reduced during the above thirty (30) day period to the extent that TLO Provider would be obligated to make such expenditures to continue performance during such period.

Appears in 1 contract

Samples: Asphalt Termalling, Transportation and Storage Services Agreement (Andeavor Logistics Lp)

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