Common use of Minimum Quarterly Transportation Commitment Clause in Contracts

Minimum Quarterly Transportation Commitment. (a) During each Calendar Quarter, Company shall tender at the Origin Point at the Xxxxxxx Xxxxx Terminal an average of 190,000 Barrels per Day of Crude Oil for transportation to the Lake Xxxxxxx Refinery, in approximately ratable quantities (such average, the “Minimum Quarterly Transportation Commitment”) at the Tariff Rate in effect at the time of the tender. (b) If Company fails to meet its Minimum Quarterly Transportation Commitment during any Calendar Quarter, then Company will pay Carrier a deficiency payment (a “Quarterly Deficiency Payment”) equal to: (i) the volume of the deficiency multiplied by the Tariff Rate in effect for the relevant Calendar Quarter, plus (ii) 0.1% of the volume of the deficiency multiplied by the average midpoint of the prices published by Platts Oilgram for Louisiana light sweet Crude Oil on each publication Day during that Calendar Quarter. (c) The dollar amount of any Quarterly Deficiency Payment paid by Company may be applied as a credit against any amounts incurred by Company and owed to Carrier with respect to volumes of Crude Oil tendered at the Origin Point at the Xxxxxxx Xxxxx Terminal for transportation to the Lake Xxxxxxx Refinery in excess of Company’s Minimum Quarterly Transportation Commitment (or, if this Agreement expires or is terminated, to volumes that would have been in excess of Company’s Minimum Quarterly Transportation Commitment if this Agreement were still in effect) during any of the four Calendar Quarters immediately following the Calendar Quarter for which such Quarterly Deficiency Payment was made, at the end of which time any unused credits arising from such Quarterly Deficiency Payment will expire. This Section 3.01(c) shall survive the expiration or termination of this Agreement. (d) Carrier shall provide transportation services in addition to Company’s Minimum Quarterly Transportation Commitment on an “as available” basis at the Tariff Rate in effect at the time of the tender.

Minimum Quarterly Transportation Commitment. (a) During each Calendar Quarter, Company shall tender at the Origin Point at the Xxxxxxx Xxxxx Terminal an average of 190,000 Barrels per Day of Crude Oil for transportation to the Lake Xxxxxxx Refinery, in approximately ratable quantities (such average, the “Minimum Quarterly Transportation Commitment”) at the Tariff Rate in effect at the time of the tender. (b) If Company fails to meet its Minimum Quarterly Transportation Commitment during any Calendar Quarter, then Company will pay Carrier a deficiency payment (a “Quarterly Deficiency Payment”) equal to: (i) the volume of the deficiency multiplied by the Tariff Rate in effect for the relevant Calendar Quarter, plus (ii) 0.1% of the volume of the deficiency multiplied by the average midpoint of the prices published by Platts Oilgram for Louisiana light sweet Crude Oil on each publication Day during that Calendar Quarter. (c) The dollar amount of any Quarterly Deficiency Payment paid by Company may be applied as a credit against any amounts incurred by Company and owed to Carrier with respect to volumes of Crude Oil tendered at the Origin Point at the Xxxxxxx Xxxxx Terminal for transportation to the Lake Xxxxxxx Refinery in excess of Company’s Minimum Quarterly Transportation Commitment (or, if this Agreement expires or is terminated, to volumes that would have been in excess of Company’s Minimum Quarterly Transportation Commitment if this Agreement were still in effect) during any of the succeeding four Calendar Quarters immediately following the Calendar Quarter for which such Quarterly Deficiency Payment was madeQuarters, at the end of after which time any unused credits arising from such Quarterly Deficiency Payment will expire. This Section 3.01(c) shall survive the expiration or termination of this Agreement. (d) Carrier shall provide transportation services in addition to Company’s Minimum Quarterly Transportation Commitment on an “as available” basis at the Tariff Rate in effect at the time of the tender.

Minimum Quarterly Transportation Commitment. (a) During each Calendar Quarter, Company shall tender at the Origin Point at the Xxxxxxx Xxxxx Terminal Sweeny Refinery an aggregate average of 190,000 at least 200,000 Barrels per Day of Crude Oil Commodities for transportation to or through the Lake Xxxxxxx RefineryTerminal, in approximately ratable quantities (such average, the “Minimum Quarterly Transportation Commitment”) at the applicable Tariff Rate in effect at the time of the tender. (b) If Company fails to meet its Minimum Quarterly Transportation Commitment during any Calendar Quarter, then Company will pay Carrier a deficiency payment (a “Quarterly Deficiency Payment”) equal to: (i) the volume of the deficiency multiplied by the Tariff Rate in effect for the relevant Calendar Quarter, plus (ii) 0.10.05% of the volume of the deficiency multiplied by the average midpoint of the prices published by Platts Oilgram Argus for Louisiana light sweet Crude Oil CBOB gasoline on Colonial Pipeline on each publication Day during that Calendar Quarter. (c) The dollar amount of any Quarterly Deficiency Payment paid by Company may be applied as a credit against any amounts incurred by Company and owed to Carrier with respect to volumes of Crude Oil Commodities tendered at the Origin Point at the Xxxxxxx Xxxxx Terminal Sweeny Refinery for transportation to or through the Lake Xxxxxxx Refinery Terminal in excess of Company’s Minimum Quarterly Transportation Commitment (or, if this Agreement expires or is terminated, to volumes that would have been in excess of Company’s Minimum Quarterly Transportation Commitment if this Agreement were still in effect) during any of the four Calendar Quarters immediately following the Calendar Quarter for which such Quarterly Deficiency Payment was made, at the end of which time any unused credits arising from such Quarterly Deficiency Payment will expire. This Section 3.01(c) shall survive the expiration or termination of this Agreement. (d) Carrier shall provide transportation services in addition to Company’s Minimum Quarterly Transportation Commitment on an “as available” basis at the Tariff Rate in effect at the time of the tender.

Minimum Quarterly Transportation Commitment. (a) During each Calendar Quarter, Company shall tender at the Origin Point at the Xxxxxxx Xxxxx Terminal Sweeny Refinery an aggregate average of 190,000 at least 200,000 Barrels per Day of Crude Oil Commodities for transportation to or through the Lake Xxxxxxx RefineryTerminal, in approximately ratable quantities (such average, the “Minimum Quarterly Transportation Commitment”) at the applicable Tariff Rate in effect at the time of the tender. (b) If Company fails to meet its Minimum Quarterly Transportation Commitment during any Calendar Quarter, then Company will pay Carrier a deficiency payment (a “Quarterly Deficiency Payment”) equal to: (i) the volume of the deficiency multiplied by the Tariff Rate in effect for the relevant Calendar Quarter, plus (ii) 0.10.05% of the volume of the deficiency multiplied by the average midpoint of the prices published by Platts Oilgram Argus for Louisiana light sweet Crude Oil CBOB gasoline on Colonial Pipeline on each publication Day during that Calendar Quarter. (c) The dollar amount of any Quarterly Deficiency Payment paid by Company may be applied as a credit against any amounts incurred by Company and owed to Carrier with respect to volumes of Crude Oil Commodities tendered at the Origin Point at the Xxxxxxx Xxxxx Terminal Sweeny Refinery for transportation to or through the Lake Xxxxxxx Refinery Terminal in excess of Company’s Minimum Quarterly Transportation Commitment (or, if this Agreement expires or is terminated, to volumes that would have been in excess of Company’s Minimum Quarterly Transportation Commitment if this Agreement were still in effect) during any of the succeeding four Calendar Quarters immediately following the Calendar Quarter for which such Quarterly Deficiency Payment was madeQuarters, at the end of after which time any unused credits arising from such Quarterly Deficiency Payment will expire. This Section 3.01(c) shall survive the expiration or termination of this Agreement. (d) Carrier shall provide transportation services in addition to Company’s Minimum Quarterly Transportation Commitment on an “as available” basis at the Tariff Rate in effect at the time of the tender.