Costs Related to Shortfall. To the extent that Xxxx is required to cover any shortfall in any Product delivery, under an Included Sales Transaction, by any inventory it owns and acquires separately from the inventory owned and maintained in connection with this Agreement, any cost or loss incurred by Xxxx in connection therewith that is not otherwise included as a Monthly Cover Cost shall constitute an Ancillary Cost that is to be reimbursed to Xxxx.
Appears in 4 contracts
Samples: Supply and Offtake Agreement (Par Pacific Holdings, Inc.), Supply and Offtake Agreement (Par Pacific Holdings, Inc.), Supply and Offtake Agreement (Par Pacific Holdings, Inc.)
Costs Related to Shortfall. To the extent that Xxxx is required to cover any shortfall in any Product delivery, whether under an Included Sales Transactiona Product Purchase Agreement or Company Purchase Agreement or otherwise, by any inventory it owns and acquires separately from the inventory owned and maintained in connection with this Agreement, any cost or loss incurred by Xxxx in connection therewith that is not otherwise included as a Monthly Cover Cost shall constitute an Ancillary Cost that is to be reimbursed to Xxxx.
Appears in 3 contracts
Samples: Supply and Offtake Agreement (Delek US Holdings, Inc.), Supply and Offtake Agreement (Delek US Holdings, Inc.), Supply and Offtake Agreement (Alon USA Energy, Inc.)
Costs Related to Shortfall. To the extent that Xxxx is required to cover any shortfall in any Product delivery, whether under an Included Sales Transactiona Product Purchase Agreement or Company Purchase Agreement or otherwise, by any inventory it owns and acquires separately from the inventory owned and maintained in connection with this Agreement, (i) any cost or loss incurred by Xxxx in connection therewith that is not otherwise included as a Monthly Cover Cost shall constitute an Ancillary Cost that is to be reimbursed to XxxxXxxx and (ii) any profit or gain realized by Xxxx in connection therewith shall be forfeited to the Company.
Appears in 2 contracts
Samples: Master Supply and Offtake Agreement (Delek US Holdings, Inc.), Master Supply and Offtake Agreement (Delek US Holdings, Inc.)
Costs Related to Shortfall. To the extent that Xxxx is required to cover any shortfall in any Product delivery, whether under an Included Sales Transactiona Product Purchase Agreement or Company Purchase Agreement or otherwise, by any inventory it owns and acquires separately from the inventory owned and maintained in connection with this Agreement, any cost or loss incurred by Xxxx in connection therewith that is not otherwise included as a Monthly Cover Cost shall constitute an Ancillary Cost that is to be reimbursed to Xxxx.
Appears in 2 contracts
Samples: Supply and Offtake Agreement (Alon USA Energy, Inc.), Supply and Offtake Agreement (Alon USA Energy, Inc.)