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 in accordance with Section 12(a), TLO shall notify TRMC 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 12(d), TRMC does not agree to pay such Surcharge or to reimburse TLO up front for its costs, TLO may elect to either: a. require TRMC to pay such Surcharge, up to a fifteen percent (15%) increase in the applicable service fee; or b. terminate the affected Terminal(s) or other facilities from this Agreement upon notice to TRMC. (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.