No Public Use. Operator’s services hereunder shall not be deemed those of a public utility or common carrier. If any action is taken or threatened to declare these services a public use, then, upon notifying Customer, Operator may restructure and restate this Agreement.
Appears in 6 contracts
Samples: Sublease Rights and Escrow Agreement (Andeavor Logistics Lp), Terminal Use and Throughput Agreement (Tesoro Corp /New/), Pipeline Throughput Agreement (Tesoro Corp /New/)
No Public Use. Operator’s services hereunder shall not be deemed those of a public utility or common carrier. If any action is taken or threatened to declare these services a public use, then, upon notifying Customer, Operator may restructure and restate this Agreement, provided that such restructuring and restatement does not increase the charges that Customer is obligated to pay or prevent Customer from meeting its Minimum Marine Throughput Volume and Minimum Pipeline Throughput Volume obligations hereunder.
Appears in 2 contracts
Samples: Berth Access, Use and Throughput Agreement (Tesoro Corp /New/), Berth Access, Use and Throughput Agreement (Tesoro Logistics Lp)
No Public Use. Operator’s services hereunder shall not be deemed those of a public utility or common carrier. If any action is taken or threatened to declare these services a public use, then, upon notifying CustomerTRMC, Operator may restructure and restate this Agreement.
Appears in 2 contracts
Samples: Operating Agreement (Andeavor), Operating Agreement (Tesoro Logistics Lp)
