Common use of Priority of Service Clause in Contracts

Priority of Service. (a) With respect to Customer Crude Oil utilizing the Terminals System: (i) all Dedicated Crude Oil Tendered to the Receipt Points shall, up to an aggregate volume of **% of the then-current total capacity of the Terminals System, be entitled to Anchor Customer Firm Service with respect to the Terminals System; (ii) all Additional Crude Oil shall, only to the extent such volumes of Additional Crude Oil are both (A) needed by Customer to fulfill any then-applicable CMVC (together with all quantities of Eligible Dedicated Crude Oil Tendered to the Terminals System), and (B) less than or equal to **% of the then-current total capacity of the Terminals System (together with all quantities of Dedicated Crude Oil Tendered to the Terminals System), be entitled to Anchor Customer Firm Service with respect to the Terminals System; (iii) all Additional Crude Oil shall, to the extent such Additional Crude Oil is in excess of the then-applicable CMVC (together with all quantities of Eligible Dedicated Crude Oil Tendered to the Terminals System), but less than or equal to **% of the then-current total capacity of the Terminals System (together with all quantities of Dedicated Crude Oil Tendered to the Terminals System), be entitled to Firm Service with respect to the Terminals System; and TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). (iv) all Additional Crude Oil not described in subsections (ii) or (iii) above shall only be entitled to Interruptible Service with respect to the Terminals System. (b) With respect to Customer Crude Oil utilizing the Provider Tank Cars: (i) all Dedicated Crude Oil Tendered to the Provider Tank Cars shall, up to an aggregate volume of **% of the then-existing aggregate Crude Oil capacity of the Provider Tank Cars, be entitled to Anchor Customer Firm Service with respect to the Provider Tank Cars; (ii) all Additional Crude Oil shall, only to the extent such volumes of Additional Crude Oil are both (A) needed by Customer to fulfill the then-applicable CMVC (together with all quantities of Eligible Dedicated Crude Oil Tendered to the Provider Tank Cars), and (B) less than or equal to **% of the then-current total Crude Oil capacity of the Provider Tank Cars (together with all quantities of Dedicated Crude Oil Tendered to the Provider Tank Cars), be entitled to Anchor Customer Firm Service with respect to the Provider Tank Cars; (iii) all Additional Crude Oil shall, to the extent such Additional Crude Oil is in excess of the then-applicable CMVC (together with all quantities of Eligible Dedicated Crude Oil Tendered to the to the Provider Tank Cars), but less than or equal to **% of the then-current aggregate Crude Oil capacity of the Provider Tank Cars (together with all quantities of Dedicated Crude Oil Tendered to the to the Provider Tank Cars), be entitled to Firm Service with respect to the Provider Tank Cars; and (iv) all Additional Crude Oil not described in subsection (ii) or (iii) above shall only be entitled to Interruptible Service with respect to the Provider Tank Cars. (c) With respect to Customer NGLs utilizing the Terminals System: (i) all Customer NGLs Tendered to the Receipt Points shall, to the extent such Customer NGLs are equal to or less than, in the aggregate, **% of the then-current total capacity of the Terminals System, be entitled to Anchor Customer Firm Service with respect to the Terminals System; and (ii) all Customer NGLs not described in subsection (i) above shall only be entitled to Interruptible Service with respect to the Terminals System. (d) With respect to Customer NGLs utilizing the Provider Tank Cars: (i) all Customer NGLs Tendered to the Provider Tank Cars shall, to the extent such Customer NGLs are equal to or less than, in the aggregate, **% of the then-current total NGL capacity of the Provider Tank Cars, be entitled to Anchor Customer Firm Service with respect to the Provider Tank Cars; and (ii) all Customer NGLs not described in subsection (i) above shall only be entitled to Interruptible Service with respect to the Provider Tank Cars. TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**).

Appears in 2 contracts

Samples: Terminal and Export Services Agreement (Hess Midstream Partners LP), Terminal and Export Services Agreement (Hess Midstream Partners LP)

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Priority of Service. (a) With respect to Customer Crude Oil utilizing the Terminals System: (i) all All Dedicated Crude Oil Production Tendered to the Receipt Points shall, up to an aggregate volume of **% of the then-current total capacity of the Terminals Systemeach Subsystem, be entitled to Anchor Customer Shipper Firm Service with respect to the Terminals System; (ii) all Additional Crude Oil shall, only to the extent such volumes of Additional Crude Oil are both (A) needed by Customer to fulfill any then-applicable CMVC (together with all quantities of Eligible Dedicated Crude Oil Tendered to the Terminals System), and (B) less than or equal to **% of the then-current total capacity of the Terminals System (together with all quantities of Dedicated Crude Oil Tendered to the Terminals System), be entitled to Anchor Customer Firm Service with respect to the Terminals System; (iii) all Additional Crude Oil shall, to the extent such Additional Crude Oil is in excess of the then-applicable CMVC (together with all quantities of Eligible Dedicated Crude Oil Tendered to the Terminals System), but less than or equal to **% of the then-current total capacity of the Terminals System (together with all quantities of Dedicated Crude Oil Tendered to the Terminals System), be entitled to Firm Service with respect to the Terminals System; and Service. TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). (iv) all Additional Crude Oil not described in subsections (ii) or (iii) above shall only be entitled to Interruptible Service with respect to the Terminals System. (b) With respect to Customer Crude Oil utilizing the Provider Tank Cars: (i) all Dedicated Crude Oil Tendered to the Provider Tank Cars shall, up to an aggregate volume of **% of the then-existing aggregate Crude Oil capacity of the Provider Tank Cars, be entitled to Anchor Customer Firm Service with respect to the Provider Tank Cars; (ii) all All Additional Crude Oil Gas shall, only to the extent such volumes of Additional Crude Oil Gas (together with all quantities of Dedicated Production Tendered to the applicable Subsystem) are both (Ai) needed by Customer Shipper to fulfill the then-applicable CMVC (together with all quantities of Eligible Dedicated Crude Oil Tendered to the Provider Tank Cars)MVC for such Subsystem, and (Bii) less than or equal to **% of the then-current total Crude Oil capacity of the Provider Tank Cars (together with all quantities of Dedicated Crude Oil Tendered to the Provider Tank Cars)such Subsystem, be entitled to Anchor Customer Shipper Firm Service with respect to the Provider Tank Cars;Service. (iiic) all All Additional Crude Oil Gas and Shipper Injected Liquids shall, to the extent such volumes of Additional Crude Oil is Gas and Shipper Injected Liquids (together with all other quantities of Shipper Gas and Shipper Injected Liquids Tendered to the applicable Subsystem, including any Dedicated Production) are in excess of the then-applicable CMVC (together with all quantities of Eligible Dedicated Crude Oil Tendered to the to the Provider Tank Cars)MVC for such Subsystem, but less than or equal to **% of the then-current aggregate Crude Oil total capacity of the Provider Tank Cars (together with all quantities of Dedicated Crude Oil Tendered to the to the Provider Tank Cars)such Subsystem, be entitled to Firm Service with respect to the Provider Tank Cars; andService. (ivd) all All Additional Crude Oil Gas and Shipper Injected Liquids not described in subsection subsections (iib) or through (iiic) above shall only be entitled to Interruptible Service with respect to the Provider Tank CarsService. (c) With respect to Customer NGLs utilizing the Terminals System: (i) all Customer NGLs Tendered to the Receipt Points shall, to the extent such Customer NGLs are equal to or less than, in the aggregate, **% of the then-current total capacity of the Terminals System, be entitled to Anchor Customer Firm Service with respect to the Terminals System; and (ii) all Customer NGLs not described in subsection (i) above shall only be entitled to Interruptible Service with respect to the Terminals System. (d) With respect to Customer NGLs utilizing the Provider Tank Cars: (i) all Customer NGLs Tendered to the Provider Tank Cars shall, to the extent such Customer NGLs are equal to or less than, in the aggregate, **% of the then-current total NGL capacity of the Provider Tank Cars, be entitled to Anchor Customer Firm Service with respect to the Provider Tank Cars; and (ii) all Customer NGLs not described in subsection (i) above shall only be entitled to Interruptible Service with respect to the Provider Tank Cars. TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**).

Appears in 2 contracts

Samples: Gas Gathering Agreement (Hess Midstream Partners LP), Gas Gathering Agreement (Hess Midstream Partners LP)

Priority of Service. (a) With respect to Customer Crude Oil utilizing the Terminals System: (i) all Dedicated Crude Oil Tendered to the Receipt Points shall, up to an aggregate volume of **% of the then-current total capacity of the Terminals System, be entitled to Anchor Customer Firm Service with respect to the Terminals System; (ii) all Additional Crude Oil shall, only to the extent such volumes of Additional Crude Oil (together with all quantities of Dedicated Crude Oil Tendered to the Terminals System) are both (A) needed by Customer to fulfill any then-applicable CMVC (together with all quantities of Eligible Dedicated Crude Oil Tendered to the Terminals System)MVC, and (B) less than or equal to **% of the then-current total capacity of the Terminals System (together with all quantities of Dedicated Crude Oil Tendered to the Terminals System), be entitled to Anchor Customer Firm Service with respect to the Terminals System; (iii) all Additional Crude Oil shall, to the extent such Additional Crude Oil is in excess of the then-applicable CMVC (together with all other quantities of Eligible Dedicated Customer Crude Oil Tendered to the Terminals System), including any Dedicated Crude Oil) is in excess of each then-applicable MVC, but less than or equal to **% of the then-current total capacity of the Terminals System (together with all quantities of Dedicated Crude Oil Tendered to the Terminals System), be entitled to Firm Service with respect to the Terminals System; and and (iv) all Additional Crude Oil not described in subsections (ii) or (iii) above shall only be entitled to Interruptible Service with respect to the Terminals System. (b) With respect to Customer Crude Oil utilizing the Provider Rail Cars: (i) all Dedicated Crude Oil Tendered to the Provider Rail Cars shall, up to an aggregate volume of **% of the then-existing aggregate capacity of the Provider Rail Cars, be entitled to Anchor Customer Firm Service with respect to the Provider Rail Cars; TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). (iv) all Additional Crude Oil not described in subsections (ii) or (iii) above shall only be entitled to Interruptible Service with respect to the Terminals System. (b) With respect to Customer Crude Oil utilizing the Provider Tank Cars: (i) all Dedicated Crude Oil Tendered to the Provider Tank Cars shall, up to an aggregate volume of **% of the then-existing aggregate Crude Oil capacity of the Provider Tank Cars, be entitled to Anchor Customer Firm Service with respect to the Provider Tank Cars; (ii) all Additional Crude Oil shall, only to the extent such volumes of Additional Crude Oil (together with all quantities of Dedicated Crude Oil Tendered to the Provider Rail Cars) are both (A) needed by Customer to fulfill the then-applicable CMVC (together with all quantities of Eligible Dedicated Crude Oil Tendered to the Provider Tank Cars)RMVC, and (B) less than or equal to **% of the then-current total Crude Oil capacity of the Provider Tank Cars (together with all quantities of Dedicated Crude Oil Tendered to the Provider Tank Rail Cars), be entitled to Anchor Customer Firm Service with respect to the Provider Tank Rail Cars; (iii) all Additional Crude Oil shall, to the extent such Additional Crude Oil is in excess of the then-applicable CMVC (together with all other quantities of Eligible Dedicated Customer Crude Oil Tendered to the to the Provider Tank Rail Cars), including any Dedicated Crude Oil) is in excess of each then-applicable RMVC, but less than or equal to **% of the then-current aggregate Crude Oil capacity of the Provider Tank Cars (together with all quantities of Dedicated Crude Oil Tendered to the to the Provider Tank Rail Cars), be entitled to Firm Service with respect to the Provider Tank Rail Cars; and (iv) all Additional Crude Oil not described in subsection (ii) or (iii) above shall only be entitled to Interruptible Service with respect to the Provider Tank Rail Cars. (c) With respect to Customer NGLs utilizing the Terminals System: (i) all Customer NGLs Tendered to the Receipt Points shall, to the extent such Customer NGLs are equal to or less than, in the aggregate, **% of the then-current total capacity of the Terminals System, be entitled to Anchor Customer Firm Service with respect to the Terminals System; and (ii) all Customer NGLs not described in subsection (i) above shall only be entitled to Interruptible Service with respect to the Terminals System. (d) With respect to Customer NGLs utilizing the Provider Tank Cars: (i) all Customer NGLs Tendered to the Provider Tank Cars shall, to the extent such Customer NGLs are equal to or less than, in the aggregate, **% of the then-current total NGL capacity of the Provider Tank Cars, be entitled to Anchor Customer Firm Service with respect to the Provider Tank Cars; and (ii) all Customer NGLs not described in subsection (i) above shall only be entitled to Interruptible Service with respect to the Provider Tank Cars. TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**).

Appears in 2 contracts

Samples: Terminal and Export Services Agreement (Hess Midstream Partners LP), Terminal and Export Services Agreement (Hess Midstream Partners LP)

Priority of Service. (a) With respect to Customer Crude Oil utilizing the Terminals any Wholly-Owned System: (i) all Dedicated Crude Oil Production Tendered to the Receipt Points on such Wholly-Owned System shall, up to an aggregate volume of [***]% of the then-current total capacity of the Terminals such Wholly-Owned System, be entitled to Anchor Customer Firm Service with respect to the Terminals SystemService; (ii) all Additional Crude Oil Customer Gas and Customer Injected NGLs that are not Dedicated Production shall, only to the extent such volumes of Additional Crude Oil are both (A) needed by Customer to fulfill any then-applicable CMVC (together with all quantities of Eligible Dedicated Crude Oil Tendered to the Terminals System), Gas and (B) less than or equal to **% of the then-current total capacity of the Terminals System Customer Injected NGLs (together with all quantities of Dedicated Crude Oil Production Tendered to the Terminals Receipt Points on such Wholly-Owned System), be entitled to Anchor Customer Firm Service with respect to the Terminals System; (iii) all Additional Crude Oil shall, to the extent such Additional Crude Oil is in excess of the then-applicable CMVC (together with all quantities of Eligible Dedicated Crude Oil Tendered to the Terminals System), but less than or equal to **% of the then-current total capacity of the Terminals System (together with all quantities of Dedicated Crude Oil Tendered to the Terminals System), be entitled to Firm Service with respect to the Terminals System; and TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). (iv) all Additional Crude Oil not described in subsections (ii) or (iii) above shall only be entitled to Interruptible Service with respect to the Terminals System. (b) With respect to Customer Crude Oil utilizing the Provider Tank Cars: (i) all Dedicated Crude Oil Tendered to the Provider Tank Cars shall, up to an aggregate volume of **% of the then-existing aggregate Crude Oil capacity of the Provider Tank Cars, be entitled to Anchor Customer Firm Service with respect to the Provider Tank Cars; (ii) all Additional Crude Oil shall, only to the extent such volumes of Additional Crude Oil are both (A) needed by Customer to fulfill the then-applicable CMVC (together with all quantities of Eligible Dedicated Crude Oil Tendered to the Provider Tank Cars)MVC, and (B) less than or equal to [**% of the then-current total Crude Oil capacity of the Provider Tank Cars (together with all quantities of Dedicated Crude Oil Tendered to the Provider Tank Cars), be entitled to Anchor Customer Firm Service with respect to the Provider Tank Cars; (iii) all Additional Crude Oil shall, to the extent such Additional Crude Oil is in excess of the then-applicable CMVC (together with all quantities of Eligible Dedicated Crude Oil Tendered to the to the Provider Tank Cars), but less than or equal to **% of the then-current aggregate Crude Oil capacity of the Provider Tank Cars (together with all quantities of Dedicated Crude Oil Tendered to the to the Provider Tank Cars), be entitled to Firm Service with respect to the Provider Tank Cars; and (iv) all Additional Crude Oil not described in subsection (ii) or (iii) above shall only be entitled to Interruptible Service with respect to the Provider Tank Cars. (c) With respect to Customer NGLs utilizing the Terminals System: (i) all Customer NGLs Tendered to the Receipt Points shall, to the extent such Customer NGLs are equal to or less than, in the aggregate, **]% of the then-current total capacity of the Terminals such Wholly-Owned System, be entitled to Anchor Customer Firm Service Service; and (iii) all Customer Gas and Customer Injected NGLs that are not Dedicated Production shall, to the extent such Customer Gas and Customer Injected NGLs (together with all other quantities of Customer Gas and Customer Injected NGLs Tendered to the Receipt Points on the TGP System, including any Dedicated Production) is in excess of the then-applicable MVC, but less than or equal to [***]% of the then-current total capacity of such Wholly-Owned System, be entitled to Firm Service. (b) With respect to any Jointly-Owned System: (i) all Dedicated Production Tendered to the Terminals Receipt Points on such Jointly-Owned System shall, up to an aggregate volume of the applicable XXX Percentage of the then-current total capacity of such Jointly-Owned System; and, be entitled to Anchor Customer Firm Service; (ii) all Customer Gas and Customer Injected NGLs that are not Dedicated Production shall, only to the extent such volumes of Customer Gas and Customer Injected NGLs (together with all quantities of Dedicated Production Tendered to the Receipt Points on such Jointly-Owned System) are both (A) needed by Customer to fulfill the then-applicable MVC, and (B) less than or equal to the applicable XXX Percentage of the then-current total capacity of such Jointly-Owned System, be entitled to Anchor Customer Firm Service; and (iii) all Customer Gas and Customer Injected NGLs that are not Dedicated Production shall, to the extent such Customer Gas and Customer Injected NGLs (together with all other quantities of Customer Gas and Customer Injected NGLs Tendered to the Receipt Points on such Jointly-Owned System, including any Dedicated Production) is in excess of the then-applicable MVC, but less than or equal to the applicable XXX Percentage of the then-current total capacity of such Jointly-Owned System, be entitled to Firm Service. (c) All Customer Gas and Customer Injected NGLs not described in subsection subsections (ia) and (b) above shall only be entitled to Interruptible Service with respect to the Terminals SystemService. (d) With respect to Customer NGLs utilizing the Provider Tank Cars: (i) all Customer NGLs Tendered to the Provider Tank Cars shall, to the extent such Customer NGLs are equal to or less than, in the aggregate, **% of the then-current total NGL capacity of the Provider Tank Cars, be entitled to Anchor Customer Firm Service with respect to the Provider Tank Cars; and (ii) all Customer NGLs not described in subsection (i) above shall only be entitled to Interruptible Service with respect to the Provider Tank Cars. TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**).

Appears in 1 contract

Samples: Gas Processing and Fractionation Agreement (Hess Midstream LP)

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Priority of Service. (a) With respect to Customer Crude Oil utilizing the Terminals any Wholly-Owned System: (i) all Dedicated Crude Oil Production Tendered to the Receipt Points on such Wholly-Owned System shall, up to an aggregate volume of **% of the then-current total capacity of the Terminals such Wholly-Owned System, be entitled to Anchor Customer Firm Service with respect to the Terminals System; (ii) all Additional Crude Oil shall, only to the extent such volumes of Additional Crude Oil are both (A) needed by Customer to fulfill any then-applicable CMVC (together with all quantities of Eligible Dedicated Crude Oil Tendered to the Terminals System), and (B) less than or equal to **% of the then-current total capacity of the Terminals System (together with all quantities of Dedicated Crude Oil Tendered to the Terminals System), be entitled to Anchor Customer Firm Service with respect to the Terminals System; (iii) all Additional Crude Oil shall, to the extent such Additional Crude Oil is in excess of the then-applicable CMVC (together with all quantities of Eligible Dedicated Crude Oil Tendered to the Terminals System), but less than or equal to **% of the then-current total capacity of the Terminals System (together with all quantities of Dedicated Crude Oil Tendered to the Terminals System), be entitled to Firm Service with respect to the Terminals SystemService; and TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). (iv) all Additional Crude Oil not described in subsections (ii) or (iii) above shall only be entitled to Interruptible Service with respect to the Terminals System. (b) With respect to Customer Crude Oil utilizing the Provider Tank Cars: (i) all Dedicated Crude Oil Tendered to the Provider Tank Cars shall, up to an aggregate volume of **% of the then-existing aggregate Crude Oil capacity of the Provider Tank Cars, be entitled to Anchor Customer Firm Service with respect to the Provider Tank Cars; (ii) all Additional Crude Oil Customer Gas and Customer Injected NGLs that are not Dedicated Production shall, only to the extent such volumes of Additional Crude Oil Customer Gas and Customer Injected NGLs (together with all quantities of Dedicated Production Tendered to the Receipt Points on such Wholly-Owned System) are both (A) needed by Customer to fulfill the then-applicable CMVC (together with all quantities of Eligible Dedicated Crude Oil Tendered to the Provider Tank Cars)MVC, and (B) less than or equal to **% of the then-current total Crude Oil capacity of the Provider Tank Cars (together with all quantities of Dedicated Crude Oil Tendered to the Provider Tank Cars)such Wholly-Owned System, be entitled to Anchor Customer Firm Service with respect to the Provider Tank Cars;Service; and (iii) all Additional Crude Oil Customer Gas and Customer Injected NGLs that are not Dedicated Production shall, to the extent such Additional Crude Oil Customer Gas and Customer Injected NGLs (together with all other quantities of Customer Gas and Customer Injected NGLs Tendered to the Receipt Points on the TGP System, including any Dedicated Production) is in excess of the then-applicable CMVC (together with all quantities of Eligible Dedicated Crude Oil Tendered to the to the Provider Tank Cars)MVC, but less than or equal to **% of the then-current aggregate Crude Oil total capacity of such Wholly-Owned System, be entitled to Firm Service. (b) With respect to any Jointly-Owned System: (i) all Dedicated Production Tendered to the Provider Tank Cars Receipt Points on such Jointly-Owned System shall, up to an aggregate volume of the applicable XXX Percentage of the then-current total capacity of such Jointly-Owned System, be entitled to Anchor Customer Firm Service; (ii) all Customer Gas and Customer Injected NGLs that are not Dedicated Production shall, only to the extent such volumes of Customer Gas and Customer Injected NGLs (together with all quantities of Dedicated Crude Oil Production Tendered to the Receipt Points on such Jointly-Owned System) are both (A) needed by Customer to fulfill the then-applicable MVC, and (B) less than or equal to the Provider Tank Cars)applicable XXX Percentage of the then-current total capacity of such Jointly-Owned System, be entitled to Anchor Customer Firm Service; and (iii) all Customer Gas and Customer Injected NGLs that are not Dedicated Production shall, to the extent such Customer Gas and Customer Injected NGLs (together with all other quantities of Customer Gas and Customer Injected NGLs Tendered to the Receipt Points on such Jointly-Owned System, including any Dedicated Production) is in excess of the then-applicable MVC, but less than or equal to the applicable XXX Percentage of the then-current total capacity of such Jointly-Owned System, be entitled to Firm Service with respect to the Provider Tank Cars; andService. (ivc) all Additional Crude Oil All Customer Gas and Customer Injected NGLs not described in subsection subsections (iia) or and (iiib) above shall only be entitled to Interruptible Service with respect to the Provider Tank CarsService. (c) With respect to Customer NGLs utilizing the Terminals System: (i) all Customer NGLs Tendered to the Receipt Points shall, to the extent such Customer NGLs are equal to or less than, in the aggregate, **% of the then-current total capacity of the Terminals System, be entitled to Anchor Customer Firm Service with respect to the Terminals System; and (ii) all Customer NGLs not described in subsection (i) above shall only be entitled to Interruptible Service with respect to the Terminals System. (d) With respect to Customer NGLs utilizing the Provider Tank Cars: (i) all Customer NGLs Tendered to the Provider Tank Cars shall, to the extent such Customer NGLs are equal to or less than, in the aggregate, **% of the then-current total NGL capacity of the Provider Tank Cars, be entitled to Anchor Customer Firm Service with respect to the Provider Tank Cars; and (ii) all Customer NGLs not described in subsection (i) above shall only be entitled to Interruptible Service with respect to the Provider Tank Cars. TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**).

Appears in 1 contract

Samples: Gas Processing and Fractionation Agreement (Hess Midstream Partners LP)

Priority of Service. (a) With respect to Customer Crude Oil utilizing the Terminals System: (i) all Dedicated Crude Oil Tendered to the Receipt Points shall, up to an aggregate volume of [***]% of the then-current total capacity of the Terminals System, be entitled to Anchor Customer Firm Service with respect to the Terminals System; (ii) all Additional Crude Oil shall, only to the extent such volumes of Additional Crude Oil are both (A) needed by Customer to fulfill any then-applicable CMVC (together with all quantities of Eligible Dedicated Crude Oil Tendered to the Terminals System), and (B) less than or equal to [***]% of the then-current total capacity of the Terminals System (together with all quantities of Dedicated Crude Oil Tendered to the Terminals System), be entitled to Anchor Customer Firm Service with respect to the Terminals System; (iii) all Additional Crude Oil shall, to the extent such Additional Crude Oil is in excess of the then-applicable CMVC (together with all quantities of Eligible Dedicated Crude Oil Tendered to the Terminals System), but less than or equal to [***]% of the then-current total capacity of the Terminals System (together with all quantities of Dedicated Crude Oil Tendered to the Terminals System), be entitled to Firm Service with respect to the Terminals System; and TERMS IN CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WERE OMITTED BY MEANS OF MARKING SUCH PORTIONS WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS BRACKETS (“[**)*]”) BECAUSE THE IDENTIFIED CONFIDENTIAL PORTIONS (I) ARE NOT MATERIAL AND (II) IS THE TYPE OF INFORMATION THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. (iv) all Additional Crude Oil not described in subsections (ii) or (iii) above shall only be entitled to Interruptible Service with respect to the Terminals System. (b) With respect to Customer Crude Oil utilizing the Provider Tank Cars: (i) all Dedicated Crude Oil Tendered to the Provider Tank Cars shall, up to an aggregate volume of [***]% of the then-existing aggregate Crude Oil capacity of the Provider Tank Cars, be entitled to Anchor Customer Firm Service with respect to the Provider Tank Cars; (ii) all Additional Crude Oil shall, only to the extent such volumes of Additional Crude Oil are both (A) needed by Customer to fulfill the then-applicable CMVC (together with all quantities of Eligible Dedicated Crude Oil Tendered to the Provider Tank Cars), and (B) less than or equal to [***]% of the then-current total Crude Oil capacity of the Provider Tank Cars (together with all quantities of Dedicated Crude Oil Tendered to the Provider Tank Cars), be entitled to Anchor Customer Firm Service with respect to the Provider Tank Cars; (iii) all Additional Crude Oil shall, to the extent such Additional Crude Oil is in excess of the then-applicable CMVC (together with all quantities of Eligible Dedicated Crude Oil Tendered to the to the Provider Tank Cars), but less than or equal to [***]% of the then-current aggregate Crude Oil capacity of the Provider Tank Cars (together with all quantities of Dedicated Crude Oil Tendered to the to the Provider Tank Cars), be entitled to Firm Service with respect to the Provider Tank Cars; and (iv) all Additional Crude Oil not described in subsection (ii) or (iii) above shall only be entitled to Interruptible Service with respect to the Provider Tank Cars. (c) With respect to Customer NGLs utilizing the Terminals System: (i) all Customer NGLs Tendered to the Receipt Points shall, to the extent such Customer NGLs are equal to or less than, in the aggregate, [***]% of the then-current total capacity of the Terminals System, be entitled to Anchor Customer Firm Service with respect to the Terminals System; and (ii) all Customer NGLs not described in subsection (i) above shall only be entitled to Interruptible Service with respect to the Terminals System. (d) With respect to Customer NGLs utilizing the Provider Tank Cars: (i) all Customer NGLs Tendered to the Provider Tank Cars shall, to the extent such Customer NGLs are equal to or less than, in the aggregate, [***]% of the then-current total NGL capacity of the Provider Tank Cars, be entitled to Anchor Customer Firm Service with respect to the Provider Tank Cars; and (ii) all Customer NGLs not described in subsection (i) above shall only be entitled to Interruptible Service with respect to the Provider Tank Cars. TERMS IN CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WERE OMITTED BY MEANS OF MARKING SUCH PORTIONS WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS BRACKETS (“[**)*]”) BECAUSE THE IDENTIFIED CONFIDENTIAL PORTIONS (I) ARE NOT MATERIAL AND (II) IS THE TYPE OF INFORMATION THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL.

Appears in 1 contract

Samples: Terminal and Export Services Agreement (Hess Midstream LP)

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