Common use of Definitions and Notice Clause in Contracts

Definitions and Notice. As soon as possible upon the occurrence of a Force Majeure, TLO shall provide TRMC with written notice of the occurrence of such Force Majeure (a “Force Majeure Notice”). TLO shall identify in such Force Majeure Notice the approximate length of time that TLO reasonably believes in good faith such Force Majeure shall continue (the “Force Majeure Period”). For the duration of the Force Majeure Period, TRMC shall be permitted to reduce its Minimum Throughput Commitment as provided in Section 29(b). If TLO advises in any Force Majeure Notice that it reasonably believes in good faith that the Force Majeure Period shall continue for more than twelve (12) consecutive Months, then, subject to Section 29 below, at any time after TLO delivers such Force Majeure Notice, either Party may terminate this Agreement solely with respect to the affected Terminal(s), but only upon delivery to the other Party of a notice (a “Termination Notice”) at least twelve (12) Months prior to the expiration of the Force Majeure Period; provided, however; that such Termination Notice shall be deemed cancelled and of no effect if the Force Majeure Period ends prior to the expiration of such twelve (12)-Month period. For the avoidance of doubt, neither Party may exercise its right under this Section 28(a) to terminate this Agreement as a result of a Force Majeure with respect to any Terminal that has been unaffected by, or has been restored to working order since, the applicable Force Majeure, including pursuant to a Restoration.

Appears in 5 contracts

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

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Definitions and Notice. As soon as possible upon the occurrence of a Force Majeure, TLO shall provide TRMC Customer with written notice of the occurrence of such Force Majeure (a “Force Majeure Notice”). TLO shall identify in such Force Majeure Notice the approximate length of time that TLO reasonably believes in good faith such Force Majeure shall continue (the “Force Majeure Period”). For the duration of the Force Majeure Period, TRMC Customer shall be permitted to reduce its the applicable Minimum Throughput Commitment as provided in Section 29(b28(b). If TLO advises in any Force Majeure Notice that it reasonably believes in good faith that the Force Majeure Period shall continue for more than twelve (12) consecutive Months, then, subject to Section 29 28 below, at any time after TLO delivers such Force Majeure Notice, either Party may terminate this Agreement solely with respect to the affected Terminal(s)terminalling service to which the Force Majeure applies, but only upon delivery to the other Party of a notice (a “Termination Notice”) at least twelve (12) Months prior to the expiration of the Force Majeure Period; provided, however; , that such Termination Notice shall be deemed cancelled and of no effect if the Force Majeure Period ends prior to the expiration of such twelve (12)-Month period. For the avoidance of doubt, neither Party may exercise its right under this Section 28(a27(a) to terminate this Agreement as a result of a Force Majeure with respect to any if the Terminal that has been unaffected by, or has been restored to working order since, since the applicable Force Majeure, including pursuant to a Restoration.

Appears in 4 contracts

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

Definitions and Notice. As soon as possible upon the occurrence of a Force Majeure, TLO shall provide TRMC Customer with written notice of the occurrence of such Force Majeure (a “Force Majeure Notice”). TLO shall identify in such Force Majeure Notice the approximate length of time that TLO reasonably believes in good faith such Force Majeure shall continue (the “Force Majeure Period”). For the duration of the Force Majeure Period, TRMC Customer shall be permitted to reduce its Minimum Throughput Commitment as provided in Section 29(b28(b). If TLO advises in any Force Majeure Notice that it reasonably believes in good faith that the Force Majeure Period shall continue for more than twelve (12) consecutive Months, then, subject to Section 29 28 below, at any time after TLO delivers such Force Majeure Notice, either Party may terminate this Agreement solely with respect to the affected Terminal(s)Agreement, but only upon delivery to the other Party of a notice (a “Termination Notice”) at least twelve (12) Months prior to the expiration of the Force Majeure Period; provided, however; , that such Termination Notice shall be deemed cancelled and of no effect if the Force Majeure Period ends prior to the expiration of such twelve (12)-Month period. For the avoidance of doubt, neither Party may exercise its right under this Section 28(a27(a) to terminate this Agreement as a result of a Force Majeure with respect to any if the Terminal that has been unaffected by, or has been restored to working order since, since the applicable Force Majeure, including pursuant to a Restoration.

Appears in 3 contracts

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

Definitions and Notice. As soon as possible upon the occurrence If an event of a Force Majeure, TLO shall provide TRMC with written notice of the occurrence of such Force Majeure delays or renders Provider unable, in whole or in part, to carry out its obligations under this Agreement with respect to a particular Facility, Provider must give Customer notice and full particulars in writing (a “Force Majeure Notice”)) as soon as practicable after the occurrence of the causes relied upon, or give initial notice by telephone or e-mail and follow such notice with a written confirmation within forty-eight (48) hours after the occurrence of the event of Force Majeure. TLO shall identify in such Such Force Majeure Notice shall identify the approximate length of time that TLO Provider reasonably believes in good faith such Force Majeure shall continue (the “Force Majeure Period”). For the duration of the Force Majeure Period, TRMC shall be permitted to reduce its Minimum Throughput Commitment as provided in Section 29(b). If TLO Provider advises in any Force Majeure Notice that it reasonably believes in good faith that the Force Majeure Period shall continue for more than twelve (12) consecutive Months, then, subject to Section 29 below, at any time after TLO Provider delivers such Force Majeure Notice, either Party may terminate that portion of this Agreement solely with respect relating to the affected Terminal(s)Facility, but only upon delivery to the other Party of a notice (a “Termination Notice”) at least twelve (12) Months prior to the expiration of the Force Majeure Period); provided, however; , that such Termination Notice shall be deemed cancelled and of no effect if the Force Majeure Period ends prior to the expiration of such twelve (12)-Month 12) Month period. For the avoidance of doubt, neither Party may exercise its right under this Section 28(a) to terminate this Agreement as a result of a Force Majeure with respect to any Terminal that has been unaffected by, or has been restored to working order since, the applicable Force Majeure, including pursuant to a Restoration.

Appears in 2 contracts

Samples: Master Unloading and Storage Agreement, Master Unloading and Storage Agreement (Andeavor Logistics Lp)

Definitions and Notice. As soon as possible upon the occurrence of a Force Majeure, TLO shall provide TRMC Customer with written notice of the occurrence of such Force Majeure (a “Force Majeure Notice”). TLO shall identify in such Force Majeure Notice the approximate length of time that TLO reasonably believes in good faith such Force Majeure shall continue (the “Force Majeure Period”). For the duration of the Force Majeure Period, TRMC Customer shall be permitted to reduce its Minimum Throughput Commitment the applicable Manifest Railcar Loading and Unloading Capacity as provided in Section 29(b28(b). If TLO advises in any Force Majeure Notice that it reasonably believes in good faith that the Force Majeure Period shall continue for more than twelve (12) consecutive Months, then, subject to Section 29 28 below, at any time after TLO delivers such Force Majeure Notice, either Party may terminate this Agreement solely with respect to the affected Terminal(s)terminalling service to which the Force Majeure applies, but only upon delivery to the other Party of a notice (a “Termination Notice”) at least twelve (12) Months prior to the expiration of the Force Majeure Period; provided, however; , that such Termination Notice shall be deemed cancelled and of no effect if the Force Majeure Period ends prior to the expiration of such twelve (12)-Month period. For the avoidance of doubt, neither Party may exercise its right under this Section 28(a27(a) to terminate this Agreement as a result of a Force Majeure with respect to any if the Terminal that has been unaffected by, or has been restored to working order since, since the applicable Force Majeure, including pursuant to a Restoration.

Appears in 2 contracts

Samples: Terminalling Services Agreement, Rail Terminalling Services Agreement (Andeavor)

Definitions and Notice. As soon as possible upon the occurrence of a Force MajeureMajeure with respect to the respective Terminal, TLO Provider shall provide TRMC Customer with written notice of the occurrence of such Force Majeure (a “Force Majeure Notice”). TLO Provider shall identify in such Force Majeure Notice the approximate length of time that TLO Provider reasonably believes in good faith such Force Majeure shall continue (the “Force Majeure Period”). For the duration of the Force Majeure Period, TRMC Customer shall be permitted to reduce its Terminal Minimum Throughput Commitment and/or Rail Minimum Commitment for the respective Terminal as provided in Section 29(b28(b). If TLO Provider advises in any Force Majeure Notice that it reasonably believes in good faith that the Force Majeure Period shall continue for more than twelve (12) consecutive Months, then, subject to Section 29 28 below, at any time after TLO Provider delivers such Force Majeure Notice, either Party may terminate that portion of this Agreement solely with respect relating to the affected Terminal(s)Terminal, but only upon delivery to the other Party of a notice (a “Termination Notice”) at least twelve (12) Months prior to the expiration of the Force Majeure Period; provided, however; , that such Termination Notice shall be deemed cancelled and of no effect if the Force Majeure Period ends prior to the expiration of such twelve (12)-Month period. For the avoidance of doubt, neither Party may exercise its right under this Section 28(a27(a) to terminate this Agreement as a result of a Force Majeure with respect to any if the affected Terminal that has been unaffected by, or has been restored to working order since, since the applicable Force Majeure, including pursuant to a Restoration.

Appears in 2 contracts

Samples: Master Terminalling Services Agreement, Master Terminalling Services Agreement (Andeavor Logistics Lp)

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Definitions and Notice. As soon as possible upon the occurrence of a Force Majeure, TLO shall provide TRMC Customer with written notice of the occurrence of such Force Majeure (a “Force Majeure Notice”). TLO shall identify in such Force Majeure Notice the approximate length of time that TLO reasonably believes in good faith such Force Majeure shall continue (the “Force Majeure Period”). For the duration of the Force Majeure Period, TRMC Customer shall be permitted to reduce its Terminal Minimum Throughput Commitment and/or Rail Minimum Commitment for the particular Terminal as provided in Section 29(b30(b). If TLO advises in any Force Majeure Notice that it reasonably believes in good faith that the Force Majeure Period shall continue for more than twelve (12) consecutive Months, then, subject to Section 29 30 below, at any time after TLO delivers such Force Majeure Notice, either Party may terminate this Agreement solely with respect to the affected Terminal(s)Agreement, but only upon delivery to the other Party of a notice (a “Termination Notice”) at least twelve (12) Months prior to the expiration of the Force Majeure Period; provided, however; , that such Termination Notice shall be deemed cancelled and of no effect if the Force Majeure Period ends prior to the expiration of such twelve (12)-Month period. For the avoidance of doubt, neither Party may exercise its right under this Section 28(a29(a) to terminate this Agreement as a result of a Force Majeure with respect to any if the affected Terminal that has been unaffected by, or has been restored to working order since, since the applicable Force Majeure, including pursuant to a Restoration.

Appears in 2 contracts

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

Definitions and Notice. As soon as possible upon the occurrence of a Force Majeure, TLO TSPC shall provide TRMC with written notice of the occurrence of such Force Majeure (a “Force Majeure Notice”). TLO TSPC shall identify in such Force Majeure Notice the particular Segment or Segments of the SoCal Pipelines that are affected by the Force Majeure and the approximate length of time that TLO TSPC reasonably believes in good faith such Force Majeure shall continue (the “Force Majeure Period”). For the duration of the Force Majeure Period, TRMC shall be permitted to reduce its Minimum Throughput Commitment as provided in Section 29(b14(b). If TLO TSPC advises in any Force Majeure Notice that it reasonably believes in good faith that the Force Majeure Period shall continue for more than twelve (12) consecutive Months, then, subject to Section 29 14 below, at any time after TLO TSPC delivers such Force Majeure Notice, either Party may terminate that portion of this Agreement solely with respect relating to the affected Terminal(s)Segment, but only upon delivery to the other Party of a notice (a “Termination Notice”) at least twelve (12) Months prior to the expiration of the Force Majeure Period; provided, however; that such Termination Notice shall be deemed cancelled and of no effect if the Force Majeure Period ends prior to the expiration of such twelve (12)-Month period. For the avoidance of doubt, neither Party may exercise its right under this Section 28(a13(a) to terminate this Agreement as a result of a Force Majeure with respect to any Terminal machinery, storage, tanks, lines of pipe or other equipment that has been unaffected by, or has been restored to working order since, the applicable Force Majeure, including pursuant to a Restoration.

Appears in 2 contracts

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

Definitions and Notice. As soon as possible upon the occurrence of a Force Majeure, TLO Provider shall provide TRMC Customer with written notice of the occurrence of such Force Majeure (a “Force Majeure Notice”). TLO Provider shall identify in such Force Majeure Notice the approximate length of time that TLO Provider reasonably believes in good faith such Force Majeure shall continue (the “Force Majeure Period”). For the duration of the Force Majeure Period, TRMC shall be permitted to reduce its Minimum Throughput Commitment as provided in Section 29(b). If TLO Provider advises in any Force Majeure Notice that it reasonably believes in good faith that the Force Majeure Period shall continue for more than twelve (12) consecutive Months, then, subject to Section 29 14 below, at any time after TLO Provider delivers such Force Majeure Notice, either Party may terminate this Agreement solely with respect to the affected Terminal(s)Agreement, but only upon delivery to the other Party of a notice (a “Termination Notice”) at least twelve (12) Months prior to the expiration of the Force Majeure Period; provided, however; , that such Termination Notice shall be deemed cancelled and of no effect if the Force Majeure Period ends prior to the expiration of such twelve (12)-Month period. For the avoidance of doubt, neither Party may exercise its right under this Section 28(a13(a) to terminate this Agreement as a result of a Force Majeure with respect to any Terminal that has been unaffected by, or has if the LAR Interconnecting Pipelines have been restored to working order since, since the applicable Force Majeure, including pursuant to a Restoration.

Appears in 1 contract

Samples: Transportation Services Agreement (Andeavor Logistics Lp)

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