Common use of Conflicting Dedications Clause in Contracts

Conflicting Dedications. Notwithstanding anything in this Agreement to the contrary, Customer shall have the right to comply with each transportation agreement, terminal agreement, storage agreement, rail service agreement or any commitment or arrangement (including any volume commitment) that would require any Customer Crude Oil to utilize a terminal facility, pipeline system, storage facility or other similar systems or facilities other than the Terminals System (each, a “Conflicting Dedication”) that (a) is in effect as of January 1, 2017 and is described in Exhibit C, or (b) is applicable and in effect as of the date that Customer acquires Control of any Crude Oil that would qualify as Dedicated Crude Oil that was not under the Control of Customer as of January 1, 2017. Notwithstanding the foregoing, Customer shall have only the right to comply with the applicable Conflicting Dedication up to and until the first Day of the Month following the termination of such Conflicting Dedication (without giving effect to any right of Customer to renew or extend the term of such Conflicting Dedication). For the avoidance of doubt, any Customer Crude Oil that, but for a Conflicting Dedication, would be considered “Dedicated Crude Oil” hereunder, shall, automatically upon the termination of the applicable Conflicting Dedication, be considered “Dedicated Crude Oil” hereunder. As of January 1, 2017, Customer represents that, except as set forth in Exhibit C, the Dedicated Crude Oil is not subject to any Conflicting Dedication.

Conflicting Dedications. Notwithstanding anything in this Agreement to the contrary, Customer Shipper shall have the right to comply with each transportation agreement, terminal agreement, storage agreement, rail service gathering agreement or any commitment or arrangement (including any volume commitment) that would require any Customer Shipper Crude Oil to utilize a terminal facility, pipeline system, storage facility be gathered on any gathering system or other similar systems or facilities system other than the Terminals Gathering System (each, a “"Conflicting Dedication”") that (a) is in effect as of January 1, 2017 and is described in Exhibit C, or (b) is applicable and in effect as of the date that Customer Shipper acquires Control of any Crude Oil that would qualify as produced from lands covered by the Dedicated Crude Oil Area that was not under the Control of Customer Shipper as of January 1, 2017. Notwithstanding the foregoing, Customer Xxxxxxx shall only have only the right to comply with the applicable Conflicting Dedication up to and until the first Day of the Month following the termination of such Conflicting Dedication (without giving effect to any right of Customer Shipper to renew or extend the term of such Conflicting Dedication). For the avoidance of doubt, any Customer Shipper Crude Oil that, but for a Conflicting Dedication, would be considered “"Dedicated Crude Oil” Production" hereunder, shall, automatically upon the termination of the applicable Conflicting Dedication, be considered “"Dedicated Crude Oil” Production" hereunder. As of January 1, 2017, Customer Xxxxxxx represents that, except as set forth in Exhibit C, the Dedicated Crude Oil Production is not subject to any Conflicting Dedication.

Conflicting Dedications. Notwithstanding anything in this Agreement to the contrary, Customer shall have the right to comply with each transportation agreement, terminal agreement, storage agreement, rail service agreement or any commitment or arrangement (including any volume commitment) that would require any Customer Crude Oil to utilize a terminal facility, pipeline system, storage facility or other similar systems or facilities other than the Terminals System (each, a “"Conflicting Dedication”") that (a) is in effect as of January 1, 2017 and is described in Exhibit C, or (b) is applicable and in effect as of the date that Customer acquires Control of any Crude Oil that would qualify as Dedicated Crude Oil that was not under the Control of Customer as of January 1, 2017. Notwithstanding the foregoing, Customer shall have only the right to comply with the applicable Conflicting Dedication up to and until the first Day of the Month following the termination of such Conflicting Dedication (without giving effect to any right of Customer to renew or extend the term of such Conflicting Dedication). For the avoidance of doubt, any Customer Crude Oil that, but for a Conflicting Dedication, would be considered “"Dedicated Crude Oil” " hereunder, shall, automatically upon the termination of the applicable Conflicting Dedication, be considered “"Dedicated Crude Oil” " hereunder. As of January 1, 2017, Customer represents that, except as set forth in Exhibit C, the Dedicated Crude Oil is not subject to any Conflicting Dedication.