Common use of Delivery Rates Clause in Contracts

Delivery Rates. (A) HECO shall provide Chevron with written notice of HECO’s Nominated volume of Delivery for each month at least [ - - - ] days prior to the beginning of that month. In addition to the volume Nomination, HECO shall also provide a written indication of the volume HECO anticipates purchasing for the calendar month following the month in which the Nomination is provided. (B) No later than ten (10) days prior to the beginning of each month, Chevron will, in writing, provide HECO with a proposed schedule of Pipeline Deliveries and Marine Deliveries (“Delivery Schedule”) to be made for the following three (3) months. The proposed Delivery Schedule shall specify the type of Delivery, whether Pipeline Delivery or Marine Delivery, approximate quantity and the approximate date. The Deliveries are to be made at reasonably regular intervals. HECO shall notify Chevron of its acceptance or rejection of the proposed Delivery Schedule within three (3) Business Days of receipt. Should HECO fail to provide notice to Chevron of its acceptance, conditional acceptance or rejection of the Delivery Schedule prior to the end of this three (3) Business Day period, HECO shall be deemed to have accepted the Delivery Schedule. If HECO rejects the proposed Delivery Schedule because the date or volume of an individual Delivery is unacceptable, HECO shall advise Chevron in writing as soon as possible thereafter of a satisfactory alternate Delivery date or alternate Delivery quantity. (C) Chevron shall notify HECO in writing of any change in the accepted Delivery Schedule due to any of the following causes with respect to each individual Delivery as soon as practicable after it shall become known to Chevron: (1) A change in the volume of an individual Pipeline Delivery, if such change is in excess of [ - - - ] barrels of the previously advised Delivery volume or a change in the volume of an individual Marine Delivery, if such change is in excess of [ - - - ] barrels of the previously advised Delivery volume; or (2) A change in the date of an individual Delivery, if such change is greater than two (2) days from the previously advised date. (D) HECO shall not be required to take Delivery of more than 75% of a month’s Nominated volume in any ten (10) consecutive day period. Chevron shall not be required to make Delivery of more than 50% of a month’s Nominated volume in any ten (10) consecutive day period. Chevron will make commercially reasonable efforts to plan its Pipeline Deliveries and Marine Deliveries such that it shall have a Delivery Status Against Ratable of approximately zero ([ - - - ] barrels) at month-end for the third month of the accepted Delivery Schedule. Scheduled Marine Deliveries can be made plus or minus seven (7) days from the date shown on the accepted Delivery Schedule. (E) Chevron and HECO shall make commercially reasonable efforts to coordinate their separate marine and pipeline shipments into and out of HECO’s BPTF to minimize operational difficulties and costs, including but not limited to tankage availability and vessel demurrage. (F) Unless waived by HECO and subject to tank availability, the physical volume of Chevron’s Marine Deliveries of LSFO shall be limited to [ - - - ] barrels during any [ - - - ] day period of any month, except during months when Chevron’s LSFO production facilities at the Refinery are not operating or when HECO’s Nominated rate of Delivery for the month of the Marine Delivery is in excess of the maximum quantity specified in Exhibit B (Volume Band). (G) If due to reasons other than a Contingency, Chevron’s anticipated Pipeline Deliveries and Marine Deliveries of LSFO shall reasonably indicate that the cumulative quantity of its Deliveries to HECO during a given period of this Contract will result in a Delivery Status Against Ratable in excess of [ - - - ] barrels for a period in excess of [ - - - ] consecutive days, Chevron shall be deemed to be in a “Supply Deficit Position” and shall promptly give notice of the same to HECO. (H) In the event that Chevron gives notice that it is in a Supply Deficit Position, Chevron and HECO shall thereafter immediately confer in good faith on the steps to be taken to minimize the impact of any Supply Deficit Position on HECO. Within three (3) Business Days of tendering notice of Supply Deficit Position to HECO, Chevron shall propose a written plan (“Supply Plan”) detailing how Chevron will make Deliveries of LSFO to HECO to address the Supply Deficit Position. HECO shall have seven (7) days to accept or reject Chevron’s proposed Supply Plan in writing. [ - - - ] Notwithstanding the foregoing, in the event that Chevron has other term contract buyers for LSFO, Chevron may ratably allocate its sale of LSFO to all such buyers on the basis of actual sales to each such buyer over the prior 12-month period.

Delivery Rates. (Aa) HECO shall provide advise Chevron with written notice of HECO’s its Nominated volume rate of Delivery for each month at least [ - - - Month [---] days prior to the beginning of that monthMonth. In addition to the volume Nomination, HECO shall also provide a Chevron written indication notice of the volume HECO anticipates purchasing for the calendar month following the month in which the Nomination is provided. (B) amount of LSFO to be sold and Delivered. No later than ten (10) days 10 Days prior to the beginning of each monthMonth, Chevron will, in writing, will provide HECO with a proposed schedule of Pipeline Deliveries and Marine Deliveries (“"Delivery Schedule”") to be made for the following three (3) monthsMonths. The proposed Delivery Schedule shall specify the type of Delivery, whether Pipeline Delivery or Marine Delivery, approximate quantity and the approximate date. The Deliveries are to be made at reasonably regular intervals. HECO shall notify Chevron of its acceptance or rejection of the proposed Delivery Schedule within three (3) Business Days business days of receipt. Should HECO fail to provide notice to Chevron of its acceptance, conditional acceptance or rejection of the Delivery Schedule prior to the end of this said three (3) Business Day 3)-business-day period, HECO shall be deemed to have accepted the Delivery Schedule. If HECO rejects the proposed Delivery Schedule because the date or volume of an individual Delivery is unacceptable, HECO shall advise Chevron in writing as soon as possible thereafter of a satisfactory alternate Delivery date or alternate Delivery quantity. (C) . Chevron shall notify HECO in writing of any change in the accepted Delivery Schedule due to any of the following causes with respect to each individual Delivery as soon as practicable after it shall become known to Chevron: (1) . A change in the volume of an individual Pipeline Delivery, if such change is in excess of [ - - - ] 10,000 barrels of the previously advised Delivery volume or a change in the volume of an individual Marine Delivery, if such change is in excess of [ - - - ] 25,000 barrels of the previously advised Delivery volume; or (2) . A change in the date of an individual Delivery, if such change is greater than two (2) days 2 Days from the previously advised date. (Db) HECO shall not be required to take Delivery of more than 75% [---] of a month’s Month's Nominated volume in any ten (10) [---] Day consecutive day period. ; and Chevron shall not be required to make Delivery of more than 50% [---] of a month’s Month's Nominated volume in any ten (10) [---] Day consecutive day period. Chevron will make commercially reasonable good faith efforts to plan its Pipeline Deliveries and Marine Deliveries such that it shall have a Delivery Status Against Ratable of approximately zero ([ - - - ] barrels) at monthMonth-end for the third month Month of the accepted Delivery Schedule. Scheduled Marine Deliveries can be made plus or minus seven (7) days [---] Days from the date shown on the accepted Delivery Schedule. (Ec) Chevron and HECO shall make commercially reasonable best efforts to coordinate their separate marine and pipeline shipments into and out of HECO’s 's BPTF to minimize operational difficulties and costs, including but not limited to tankage availability and vessel demurrage. (Fd) Unless waived by HECO and subject to tank availability, the physical volume of Chevron’s 's Marine Deliveries of LSFO shall be limited to [ - - - [---] barrels barrels, during any [ - - - [---] day Day period of and any monthMonth, except during months Months when Chevron’s 's LSFO production facilities at the Refinery Barbers Point are not operating or when HECO’s 's Nominated rate of Delivery for the month Month of the Marine Delivery is in excess of the maximum [---] Maximum quantity specified in Exhibit B (Volume Band)Section 3.1. (Ge) If due to reasons other than a ContingencyContingency as defined in Article 11, Chevron’s 's anticipated Pipeline Deliveries and Marine Deliveries of LSFO shall reasonably indicate that the cumulative quantity of its Deliveries to HECO during a given period of this Contract will result in a Delivery Status Against Ratable in excess of [ - - - [---] barrels for a period in excess of [ - - - [---] consecutive daysDays, Chevron shall be deemed to be in a “"Supply Deficit Position” " and shall promptly give prompt notice of the same to HECO. (H) . In the event that Chevron gives notice that it is in a Supply Deficit Position, Chevron and HECO shall thereafter immediately confer in good faith on the steps to be taken to minimize the impact of any Supply Deficit Position on HECO. Within three (3) Business Days business days of its tendering notice of Supply Deficit Position to HECO, Chevron shall propose a written detailed plan (“"Supply Plan”") detailing how Chevron will whereby it may make Deliveries of LSFO to HECO to address the Supply Deficit Position. HECO shall have seven (7) days to accept or reject Chevron’s proposed Supply Plan in writing. [ - - - ] Notwithstanding the foregoing, in In the event that Chevron has other term contract buyers for LSFOLSFO in Hawaii, Chevron may shall ratably allocate its sale of LSFO to all such buyers on the basis of actual sales to each such buyer over the prior 12-month periodYear. (f) If due to reasons other than a Contingency as defined in Article 11, HECO's anticipated demand for LSFO should reasonably indicate that its Monthly Delivery requirements from Chevron during a period of this Contract are less than the minimum Monthly or annual volume of LSFO to be purchased and received by HECO as set forth in Section 3.1, HECO shall be deemed to be in a "Purchase Deficit Position" and shall give prompt written notice to Chevron. In the event that HECO gives notice that it is in a Purchase Deficit Position, Chevron and HECO shall thereafter immediately confer in good faith on the steps to be taken to minimize the impact of any Purchase Deficit Position on Chevron. [---] In such circumstances, purchases of LSFO shall be ratably allocated among all sellers including Chevron on the basis of actual sales from each seller over the prior Year.

Delivery Rates. (A) HECO shall provide Chevron with written notice of HECO’s Nominated volume of Delivery for each month at least [ - - - ] days prior to the beginning of that month. In addition to the volume Nomination, HECO shall also provide a written indication of the volume HECO anticipates purchasing for the calendar month following the month in which the Nomination is provided. (B) No later than ten (10) days prior to the beginning of each month, Chevron will, in writing, provide HECO with a proposed schedule of Pipeline Deliveries and Marine Deliveries (“Delivery Schedule”) to be made for the following three (3) months. The proposed Delivery Schedule shall specify the type of Delivery, whether Pipeline Delivery or Marine Delivery, approximate quantity and the approximate date. The Deliveries are to be made at reasonably regular intervals. HECO shall notify Chevron of its acceptance or rejection of the proposed Delivery Schedule within three (3) Business Days of receipt. Should HECO fail to provide notice to Chevron of its acceptance, conditional acceptance or rejection of the Delivery Schedule prior to the end of this three (3) Business Day period, HECO shall be deemed to have accepted the Delivery Schedule. If HECO rejects the proposed Delivery Schedule because the date or volume of an individual Delivery is unacceptable, HECO shall advise Chevron in writing as soon as possible thereafter of a satisfactory alternate Delivery date or alternate Delivery quantity. (C) Chevron shall notify HECO in writing of any change in the accepted Delivery Schedule due to any of the following causes with respect to each individual Delivery as soon as practicable after it shall become known to Chevron: (1) A change in the volume of an individual Pipeline Delivery, if such change is in excess of [ - - - ] barrels of the previously advised Delivery volume or a change in the volume of an individual Marine Delivery, if such change is in excess of [ - - - ] barrels of the previously advised Delivery volume; or (2) A change in the date of an individual Delivery, if such change is greater than two (2) days from the previously advised date. (D) HECO shall not be required to take Delivery of more than 75% of a month’s Nominated volume in any ten (10) consecutive day period. Chevron shall not be required to make Delivery of more than 50% of a month’s Nominated volume in any ten (10) consecutive day period. Chevron will make commercially reasonable efforts to plan its Pipeline Deliveries and Marine Deliveries such that it shall have a Delivery Status Against Ratable of approximately zero ([ - - - ] barrels]) at month-end for the third month of the accepted Delivery Schedule. Scheduled Marine Deliveries can be made plus or minus seven (7) days from the date shown on the accepted Delivery Schedule. (E) Chevron and HECO shall make commercially reasonable efforts to coordinate their separate marine and pipeline shipments into and out of HECO’s BPTF to minimize operational difficulties and costs, including but not limited to tankage availability and vessel demurrage. (F) Unless waived by HECO and subject to tank availability, the physical volume of Chevron’s Marine Deliveries of LSFO shall be limited to [ - - - ] barrels during any [ - - - ] day period of any month, except during months when Chevron’s LSFO production facilities at the Refinery are not operating or when HECO’s Nominated rate of Delivery for the month of the Marine Delivery is in excess of the maximum quantity specified in Exhibit B (Volume Band). (G) If due to reasons other than a Contingency, Chevron’s anticipated Pipeline Deliveries and Marine Deliveries of LSFO shall reasonably indicate that the cumulative quantity of its Deliveries to HECO during a given period of this Contract will result in a Delivery Status Against Ratable in excess of [ - - - ] barrels for a period in excess of [ - - - ] consecutive days, Chevron shall be deemed to be in a “Supply Deficit Position” and shall promptly give notice of the same to HECO. (H) In the event that Chevron gives notice that it is in a Supply Deficit Position, Chevron and HECO shall thereafter immediately confer in good faith on the steps to be taken to minimize the impact of any Supply Deficit Position on HECO. Within three (3) Business Days of tendering notice of Supply Deficit Position to HECO, Chevron shall propose a written plan (“Supply Plan”) detailing how Chevron will make Deliveries of LSFO to HECO to address the Supply Deficit Position. HECO shall have seven (7) days to accept or reject Chevron’s proposed Supply Plan in writing. [ - - - ] Notwithstanding the foregoing, in the event that Chevron has other term contract buyers for LSFO, Chevron may ratably allocate its sale of LSFO to all such buyers on the basis of actual sales to each such buyer over the prior 12-month period.