Expansion Shippers and Committed Expanded Capacity Sample Clauses

Expansion Shippers and Committed Expanded Capacity. Nominations by Expansion Shippers up to the level of their Volume Commitment in the Committed Expanded Capacity shall not be subject to prorationing, except as provided below in Section II.D. of this Exhibit B. Nominations by Expansion Shippers in excess of their Volume Commitment in the Committed Expanded Capacity shall be considered nominations to ship in the Available Capacity, and the Expansion Shippers shall be treated as a Regular Shipper or a New Shipper, as applicable, with respect to such nominations. In the event that the Committed Expanded Capacity is not fully utilized by Expansion Shippers, that capacity shall be made available to accommodate nominations by New Shippers and Regular Shippers based on their Line History. To the extent nominations exceed the amount of Committed Capacity that is not fully utilized by Expansion Shippers, Carrier shall allocate the capacity pro rata among nominating shippers based on the lesser of each shipper’s Line History or its actual nomination. Line History will not be generated by actual shipments made by New Shippers or Regular Shippers in the Committed Expanded Capacity. Additionally, Line History will not be generated by shipments made by an Expansion Shipper in the Committed Expanded Capacity, unless, prior to the expiration of the ten (10) year term of the Expansion Shipper’s throughput and deficiency agreement, such Expansion Shipper renews said agreement for an additional five-year period, in which case such Expansion Shipper will be deemed to have Line History up to the level of its Volume Commitment in the Committed Expanded Capacity in accordance with Bengal’s then-applicable method for tracking Line History.
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Related to Expansion Shippers and Committed Expanded Capacity

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