Marketing of Transportation to Third Parties Sample Clauses

Marketing of Transportation to Third Parties. During the Term the Operator may market transportation services to third parties on the Pipeline, provided that, (i) the provision of such transportation services to third parties is not reasonably likely to negatively affect the Company’s ability to use the Pipeline in accordance with the terms of this Agreement in any material respect, and (ii) such third-party usage will not reduce the ability of the Operator to provide the applicable Minimum Throughput Capacity or the applicable Minimum Throughput Commitment to the Company. Nothing in this Section 4.6 shall be construed to limit any obligation of the Operator under the Interstate Commerce Act. Notwithstanding the foregoing, to the extent the Company is not using any portion of the Pipeline (the “Open Assets “) during a Force Majeure event set forth in Article 14 or the twelve-month Notice Period set forth in Article 15, the Operator may market transportation services to third parties on the Open Assets pursuant to one or more third party agreements without the consent of the Company and the applicable Minimum Throughput Commitment will be proportionately reduced to the extent of such third party usage; provided that such third party agreements shall terminate following the end of the Force Majeure Period or the restoration of Refinery operations, as applicable.
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Related to Marketing of Transportation to Third Parties

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