Producer Undedicated Volumes Sample Clauses

Producer Undedicated Volumes. If at any time during the Term of this Agreement, Producer intends to nominate to Buyer volumes of Product meeting the Specifications at the Origin Point, which volumes are not Dedicated Production (the “Undedicated Volumes”), then upon written notice from Producer to Buyer, the Parties shall negotiate in good faith and mutually agree on a fee for such Undedicated Volumes; provided that, upon nomination of such Undedicated Volumes by Producer, if the Parties have agreed on a fee (i) less than the Fee, then such volumes shall be treated as Excess Production under Section 5.4(d) and excluded for purposes of the Nomination Cap or (ii) equal to or greater than the Fee; then Buyer shall treat such volumes as if they were Dedicated Production hereunder and shall schedule and confirm such Undedicated Volumes in accordance with Section 5.4(d), including for purposes of the Nomination Cap. Notwithstanding anything to the contrary in the foregoing, Producer and its Affiliates shall have no obligation to provide any Undedicated Volumes to Buyer under this Agreement and Buyer shall have no obligation to confirm any Undedicated Volumes for a fee less than the Fee.
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Related to Producer Undedicated Volumes

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