Minimum Group 2 Tankage Revenue Commitment; Tankage Tariffs Sample Clauses

Minimum Group 2 Tankage Revenue Commitment; Tankage Tariffs. During the Term and subject to the terms and conditions of this Agreement, Xxxxx Tulsa agrees as follows: (i) Subject to Section 4, Xxxxx Tulsa shall pay HEP Storage-Tulsa throughput fees associated with the Group 2 Tankage that will satisfy the Minimum Group 2 Tankage Revenue Commitment in exchange for HEP Storage-Tulsa providing Xxxxx Tulsa a minimum of 2,122,644 barrels of aggregate capacity in the Group 2 Tankage. The “Minimum Group 2 Tankage Revenue Commitment” shall be an amount of revenue to HEP Storage-Tulsa for each Contract Quarter determined by multiplying the Minimum Group 2 Tankage Throughput by the Group 2 Tankage Base Tariff as such Group 2 Tankage Base Tariff may be revised pursuant to Section 2(d)(iii), Section 2(q)(ii) or Section 2(r)(ii). Notwithstanding the foregoing, in the event that the Closing Date for the Group 2 Tankage is any date other than the first day of a Contract Quarter, then the Minimum Group 2 Tankage Revenue Commitment for the initial Contract Quarter shall be prorated based upon the number of days actually in such contract quarter and the initial Contract Quarter. Subject to (i) any Applicable Law and (ii) technical specifications of the Group 2 Tankage, Xxxxx Tulsa may request that HEP Storage-Tulsa change the service of any of the Group 2 Tankage from storage of Crude Oil or a Product to storage of Crude Oil or a different Product; provided, however, that Xxxxx Tulsa shall indemnify and hold HEP Storage-Tulsa harmless from and against all costs and expenses associated with any such changing of service including but not limited to costs of complying with any Applicable Law affecting such change of service. (ii) Group 2 Tankage Throughput shall be determined by the sum of pipeline quantities of Crude Oil and Intermediate Products received at the Refinery, including Crude Oil and Intermediate Products received at the Refinery from the Tulsa West Refinery. If the average throughput for any Contract Quarter exceeds the Minimum Group 2 Tankage Throughput attributable to such Contract Quarter then, (i) for each throughput barrel in excess of the Minimum Group 2 Tankage Throughput but less than or equal to the Group 2 Tankage Excess Throughput, Xxxxx Tulsa shall pay HEP Storage-Tulsa throughput fees in the amount of the Group 2 Tankage Incentive Tariff as such amount may be revised pursuant to Section 2(d)(iii) and (ii) for each throughput barrel in excess of the Group 2 Tankage Excess Throughput, Xxxxx Tulsa shall pay HEP S...
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Related to Minimum Group 2 Tankage Revenue Commitment; Tankage Tariffs

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