Common use of Excess Throughput Clause in Contracts

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.

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 3.13.2, the Company shall pay the Operator the applicable per-Barrel Terminaling Service Fee for any Excess Throughput.

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 permitted, physical and operational constraints of the Terminal and the capacity contractually committed to third parties). In accordance with Section 3.13.2(a) and Section 3.2(b), the Company shall pay the Operator the applicable per-Barrel per Gallon Terminaling Service Fee for any Excess Throughput.