Common use of Restoration of Capacity Clause in Contracts

Restoration of Capacity. Subject to Force Majeure and interruptions for routine repair and maintenance, consistent with customary terminal industry standards, TLO shall maintain the Terminal in a condition and with a capacity sufficient to throughput a volume of Customer’s Heavy Oils at least equal to the Manifest Railcar Loading and Unloading Capacity. TLO’s obligations may be temporarily suspended during the occurrence of, and for the entire duration of, a Force Majeure or any interruption of service that prevents TLO from throughput a volume of Customer’s Heavy Oils at least equal to the Manifest Railcar Loading and Unloading Capacity. To the extent TLO is prevented from throughput a volume of Customer’s Heavy Oils at least equal to the Manifest Railcar Loading and Unloading Capacity for reasons of Force Majeure or other interruption of service, then Customer’s obligation to pay the MTVF shall be reduced proportionately. At such time as TLO is capable of throughputting a volume of Customer’s Heavy Oils at least equal to the Manifest Railcar Loading and Unloading Capacity, Customer’s obligation to pay the full MTVF shall be restored. If for any reason, including, without limitation, a Force Majeure event, the throughput capacity of the Terminal should fall below the Manifest Railcar Loading and Unloading Capacity, then within a reasonable period of time after the commencement of such reduction, TLO shall make repairs to the Terminal (to the extent it is able to do so) to restore the capacity of the Terminal to that required to throughput a volume of Customer’s Heavy Oils at least equal to the Manifest Railcar Loading and Unloading Capacity (“Restoration”). Except as provided below in Section 28(c), all of such Restoration shall be at TLO’s cost and expense, unless the damage creating the need for such repairs was caused by the negligence or willful misconduct of Customer, its employees, agents or customers or the failure of Customer’s Products to meet the specifications as provided for in Section 15(a).

Restoration of Capacity. Subject to Force Majeure and interruptions for routine repair and maintenance, consistent with customary terminal industry standards, TLO shall Provider shall, where applicable, maintain the respective Terminal in a condition and with a capacity sufficient to throughput a volume of Customer’s Heavy Oils Products at least equal to the Manifest Railcar Loading and Unloading CapacityTerminal Reserved Capacity for the respective Terminal. TLOWhere applicable, Provider’s obligations may be temporarily suspended during the occurrence of, and for the entire duration of, a Force Majeure or any interruption of service that prevents TLO Provider from throughput a volume of Customer’s Heavy Oils at least equal to terminalling the Manifest Railcar Loading and Unloading CapacityTerminal Reserved Capacity and/or maintaining the Rail Reserved Capacity for the respective Terminal. To the extent TLO Provider is prevented from throughput a volume of Customer’s Heavy Oils at least terminalling volumes equal to the Manifest Railcar Loading Terminal Reserved Capacity for the respective Terminal and/or loading and Unloading unloading rail car volumes equal to the Rail Reserved Capacity for reasons of Force Majeure or other interruption of service, then then, as applicable, Customer’s obligation to throughput the Terminal Minimum Throughput Commitment or Rail Minimum Capacity and pay the MTVF any Rail Shortfall Payments and/or Terminalling Shortfall Payments, as applicable, shall be reduced proportionately. At Where applicable, at such time as TLO Provider is capable of throughputting a volume of Customer’s Heavy Oils at least terminalling volumes equal to the Manifest Railcar Loading and Unloading Terminal Reserved Capacity, Customer’s obligation to pay throughput the full MTVF Terminal Minimum Throughput Commitment for the respective Terminal shall be restored. Where applicable, at such time as Provider is capable of loading and unloading railcar volumes equal to the Rail Minimum Capacity, Customer’s obligation to meet the full Rail Minimum Commitment shall be restored. If for any reason, including, without limitation, a Force Majeure event, the throughput capacity of the respective Terminal should fall below the Manifest Railcar Loading and Unloading Terminal Reserved Capacity and/or the Rail Reserved Capacity, as applicable, then within a reasonable period of time after the commencement of such reduction, TLO Provider shall make repairs to the respective Terminal (to the extent it is able to do so) to restore the capacity of the such respective Terminal to that required to for throughput a volume of Customer’s Heavy Oils at least equal to the Manifest Railcar Loading and Unloading Terminal Reserved Capacity and/or the Rail Reserved Capacity (“Restoration”). Except as provided below in Section 28(c), all of such Restoration shall be at TLOProvider’s cost and expense, unless the damage creating the need for such repairs was caused by the negligence or willful misconduct of Customer, its employees, agents or customers or the failure of Customer’s Products to meet the specifications as provided for in Section 15(a)15.

Restoration of Capacity. Subject to Force Majeure and interruptions for routine repair and maintenance, consistent with customary terminal industry standards, TLO shall maintain the each Terminal in a condition and with a capacity sufficient to throughput a volume of Customer’s Heavy Oils Products at least equal to the Manifest Railcar Loading and Unloading CapacityTerminal Reserved Capacity for the particular Terminal. TLO’s obligations may be temporarily suspended during the occurrence of, and for the entire duration of, a Force Majeure or any interruption of service that prevents TLO from throughput a volume of Customer’s Heavy Oils at least equal to terminalling the Manifest Railcar Loading and Unloading Terminal Reserved Capacity for the particular Terminal or maintaining the Rail Reserved Capacity. To the extent TLO is prevented from throughput a volume of Customer’s Heavy Oils at least terminalling volumes equal to the Manifest Railcar Loading Terminal Reserved Capacity for the particular Terminal or loading and Unloading unloading rail car volumes equal to the Rail Reserved Capacity for reasons of Force Majeure or other interruption of service, then Customer’s obligation to throughput the Terminal Minimum Throughput Commitment or Rail Minimum Capacity and pay the MTVF any Shortfall Payment shall be reduced proportionately. At such time as TLO is capable of throughputting a volume of Customer’s Heavy Oils at least terminalling volumes equal to the Manifest Railcar Loading and Unloading Terminal Reserved Capacity, Customer’s obligation to pay throughput the full MTVF Terminal Minimum Throughput Commitment for the particular Terminal shall be restored. At such time as TLO is capable of loading and unloading railcar volumes equal to the Rail Minimum Capacity, Customer’s obligation to meet the full Rail Minimum Commitment shall be restored. If for any reason, including, without limitation, a Force Majeure event, the throughput capacity of the a Terminal should fall below the Manifest Railcar Loading and Unloading Terminal Reserved Capacity or the Rail Reserved Capacity, then within a reasonable period of time after the commencement of such reduction, TLO shall make repairs to the Terminal (to the extent it is able to do so) to restore the capacity of the Terminal to that required to for throughput a volume of Customer’s Heavy Oils at least equal to the Manifest Railcar Loading and Unloading Terminal Reserved Capacity and/or the Rail Reserved Capacity (“Restoration”). Except as provided below in Section 28(c30(c), all of such Restoration shall be at TLO’s cost and expense, unless the damage creating the need for such repairs was caused by the negligence or willful misconduct of Customer, its employees, agents or customers or the failure of Customer’s Products to meet the specifications as provided for in Section 15(a17(a).