Common use of No Public Use Clause in Contracts

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 TRMC, Operator may (i) restructure and restate this Agreement, provided that such restructuring and restatement does not increase the charges that TRMC is obligated to pay or prevent TRMC from meeting its minimum throughput volume obligations under the Long Beach Berth Throughput Agreement, or (ii) terminate this Agreement upon thirty (30) days’ prior written notice.

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 TRMC, Operator may (i) restructure and restate this Agreement, provided that such restructuring and restatement does not increase the charges that TRMC is obligated to pay or prevent TRMC from meeting its minimum throughput volume Minimum Throughput Volume obligations under the Long Beach Berth Throughput Agreementhereunder, or (ii) terminate this Agreement upon thirty (30) days’ prior written notice.