Excess Throughput Charge Clause Samples
The Excess Throughput Charge clause defines the fees or penalties that apply when a party exceeds an agreed-upon usage or throughput limit, such as data transfer, production volume, or service capacity. Typically, this clause specifies the threshold for standard usage and outlines the additional charges incurred for any usage above that limit, often calculated on a per-unit basis. Its core function is to allocate costs fairly and discourage overuse, ensuring that resources are not strained beyond agreed terms and that the service provider is compensated for additional demand.
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Excess Throughput Charge. Customer will pay Terminal Company eight cents ($0.08) per Barrel for each Barrel of Customer’s Product received at the Terminal in excess of the Minimum Monthly Throughput Volume (“Excess Throughput Charge”).
Excess Throughput Charge. With respect to the Facilities under this Agreement and the facilities under the Master Sublease Agreement (the “Cumulative Facilities”), Lessee shall also pay to Lessor an excess throughput charge (the “Excess Throughput Charge”) equal to the product of the Excess Throughput Fee and the Excess Throughput Quantity for the Cumulative Facilities. For purposes hereof, the “Excess Throughput Fee” shall be equal to the excess throughput fee specified in the applicable 2009 Agreement for the Cumulative Facilities, as escalated, as of January 1, 2016, and the “Excess Throughput Quantity” shall be equal to the positive difference between the quantity of asphalt product which is handled, produced, sold or delivered from the Cumulative Facilities in a Contract Year and *** tons (the “Threshold Quantity”). The Excess Throughput Charge shall be computed monthly (starting from the first day of each Contract Year) and Lessee shall pay Lessor an amount equal to the Excess Throughput Charge less an amount equal to the cumulative sum of all Excess Throughput Charges already paid by Lessee to Lessor during such Contract Year. The Excess Throughput Charge shall be due on or before the thirtieth (30th) day following the end of each month for which the cumulative quantity of all asphalt products handled, produced, sold or delivered exceeds the Threshold Quantity. For the avoidance of doubt, the cumulative quantity of all asphalt products handled, produced, sold or delivered shall include the total quantity of all asphalt products delivered from the Cumulative Facilities, including (i) volumes transferred from one Facility to another and (ii) 100% of the quantity of all emulsion products without reduction of any kind. Excess Throughput Charges shall be subject to audit by Lessor.
Excess Throughput Charge. In the event that the Throughput Volume of Commodities during one calendar month exceeds ********** Barrels, User shall pay the Excess Throughput Charge for each Barrel of Throughput Volume during the month which is in excess of ********** Barrels during such month. Where the Operational Date does not occur on the first day of the month, the Excess Throughput Charge shall apply for any partial month during the Term for all Barrels of Throughput Volume during such partial month in excess of the number of Barrels determined by multiplying ********** Barrels times the number of days of the applicable month falling within the Term divided by 30 days, and where the Operational Date at the beginning of the Term is for less than ********** Barrels, the Excess Throughput Charge shall apply, until the full ********** Barrels of storage capacity is available, for all Barrels of Throughput Volume in excess of the number of Barrels of storage capacity which is available during any month or portion thereof.
Excess Throughput Charge. An excess throughput fee (“Excess Fee”) will be applied to all Products handled, produced, sold, or delivered exceeding the Minimum Throughput Quantity at the Facilities (“
Excess Throughput Charge. In the event that the Throughput Volume of Commodities during any ********** exceeds ********** the Storage Volume, User shall pay the Excess Throughput Charge for each Barrel of Throughput Volume in excess of ********** the Storage Volume during such quarterly period.
Excess Throughput Charge. (A) Company shall pay Seller a payment equal to [ ] for each MWh of Energy discharged by the Battery Storage System above the Annual Throughput Limit in any given Commercial Operation Year[, up to but not exceeding the sum of the Annual Throughput Limit plus the Excess Throughput Limit in any given Commercial Operation Year]. For purposes of determining the amount of Energy discharged by the Battery Storage System in any given Commercial Operation Year, any Energy discharged by the Battery Storage System during a Seller Initiated Test or a Periodic Test shall be excluded.] bid-specific -- may be n/a