Excess Throughput Clause Samples

The Excess Throughput clause defines how additional usage or capacity beyond an agreed-upon threshold is managed in a contract. Typically, this clause specifies the conditions under which a party may exceed the standard throughput limits, outlines any associated fees or penalties, and details the process for measuring and reporting excess usage. Its core practical function is to ensure that both parties understand the financial and operational implications of exceeding agreed limits, thereby preventing disputes and allocating costs fairly.
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Excess Throughput. The Company shall have the right to throughput volumes in excess of its Minimum Throughput Commitment (“Excess Throughput”), up to the then-available capacity of the Terminal, as reasonably determined by the Operator in good faith at any time (after giving effect to the physical and operational constraints of the Terminal and the capacity contractually committed to third parties). In accordance with Section 3.1, the Company shall pay the Operator the applicable per-Barrel Terminaling Service Fee for any Excess Throughput.
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Excess Throughput. There shall be an additional charge of $5.00 for each short ton handled into the Tank(s) in excess of 12,852 short tons per contract period.
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Excess Throughput. For volumes in excess of the allowed throughput, Excess Throughput Charges shall be calculated by adding the total number of barrels (at natural) received or shipped in a 12- month period above the allowed throughput quantity. Sample Calculation: Please refer to Exhibit A
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Excess Throughput. There shall be an additional charge of $0.025 per gallon handled into the Tank(s) in excess of 1,072,000 gallons per contract year.
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Excess Throughput. During the Term, the Company shall have the right to throughput (x) volumes in excess of its Minimum Throughput Commitment at the Terminal and (y) volumes through the Additional Facilities(in any such case, “Excess Throughput”), up to (i) the then-available capacity of the Terminal, as reasonably determined by the Operator in good faith at any time (after giving effect to the physical and operational constraints of the Terminal and the capacity contractually committed to third parties) or (ii) the stipulated capacities of the Additional Facilities as set forth in Exhibit F. In addition to the fees for Ancillary Services related thereto, the Company shall pay the Operator the Operator’s incremental operating costs arising from any Excess Throughput as such amounts shall be reasonably determined by the Operator.
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Excess Throughput. In the event that the total number of inbound Barrels of Commodities handled pursuant to the Marine Fuel Agreement, as amended, exceeds **********, an Excess Throughput Fee of ********** shall apply. The following changes shall be made to the MARINE FUEL AGREEMENT: Sections 1,2,5,7, and 8 shall be amended to read as follows:
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Excess Throughput. PBF shall have the right to throughput volumes in excess of its Minimum Throughput Commitment (“Excess Throughput”), up to the then-available capacity of the Terminal, as reasonably determined by the Operator in good faith at any time (after giving effect to the physical and operational constraints of the Terminal and the capacity contractually committed to third parties). In accordance with Section 5(a), PBF shall pay the Operator the applicable fees for any Excess Throughput.
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Related to Excess Throughput

  • Contract Quantity The Contract Quantity during each Contract Year is the amount set forth in the applicable Contract Year in Section D of the Cover Sheet (“Delivery Term Contract Quantity Schedule”), which amount is inclusive of outages.

  • Under-Frequency and Over Frequency Conditions The New York State Transmission System is designed to automatically activate a load- shed program as required by the NPCC in the event of an under-frequency system disturbance. Developer shall implement under-frequency and over-frequency relay set points for the Large Generating Facility as required by the NPCC to ensure “ride through” capability of the New York State Transmission System. Large Generating Facility response to frequency deviations of predetermined magnitudes, both under-frequency and over-frequency deviations, shall be studied and coordinated with the NYISO and Connecting Transmission Owner in accordance with Good Utility Practice. The term “ride through” as used herein shall mean the ability of a Generating Facility to stay connected to and synchronized with the New York State Transmission System during system disturbances within a range of under-frequency and over-frequency conditions, in accordance with Good Utility Practice and with NPCC Regional Reliability Reference Directory # 12, or its successor.

  • Adjustment of Minimum Quarterly Distribution and Target Distribution Levels (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section 6.9.

  • Delivery Points ‌ Project water made available to the Agency pursuant to Article 6 shall be delivered to the Agency by the State at the delivery structures established in accordance with Article 10.

  • Contract Year A twelve (12) month period during the term of the Agreement commencing on the Effective Date and each anniversary thereof.