Common use of Maintenance and Repair Standards Clause in Contracts

Maintenance and Repair Standards. Subject to Force Majeure and interruptions for routine repair and maintenance consistent with customary storage tank industry standards, MPL shall maintain the Tank Farm and Storage Tanks in a condition and with a capacity sufficient to store the Commitment. If any event (including a Force Majeure event) occurs that reduces the capacity of the Tank Farm and, as a result of such event, MPL is unable to provide storage for the entire Commitment, then within a reasonable period of time following such event, MPL shall make all necessary repairs to restore the capacity of the Storage Tanks. All such restoration of capacity of the Storage Tanks shall be at MPL’s cost and expense unless the damage creating the need for such repairs was caused by the negligence or willful misconduct of MPC, its employees, agents or customers. For the avoidance of doubt, nothing in this Section 5.2 shall require MPL to increase the aggregate capacity of the Tank Farm or refuse to provide storage services to a third party that MPL is required to provide pursuant to Applicable Law or any existing agreement with such third party.