Right to Relet. At any time or from time to time after any such expiration or termination, XXXXXXX HOLDINGS may contract for the use of the Oil Terminal, or any part thereof, in the name of XXXXXXX HOLDINGS or otherwise, for such term or terms (which may be greater or less than the period which would otherwise have constituted the balance of the term of this Operating Agreement) and on such conditions (which may include concessions or free Operating Fees) as XXXXXXX HOLDINGS, in its reasonable discretion, may determine and may collect and receive the Operating Fees therefor. XXXXXXX HOLDINGS shall in no way be responsible or liable for any failure to contract for the use of the Oil Terminal or any part thereof, or for any failure to collect any Operating Fees due upon any such contracting, but agrees to use reasonable efforts to mitigate damages.
Appears in 4 contracts
Samples: Terminal Operating Agreement, Terminal Operating Agreement (Sprague Resources LP), Terminal Operating Agreement (Sprague Resources LP)
Right to Relet. At any time or from time to time after any such expiration or termination, XXXXXXX HOLDINGS MASSACHUSETTS may contract for the use of the Oil Terminal, or any part thereof, in the name of XXXXXXX HOLDINGS MASSACHUSETTS or otherwise, for such term or terms (which may be greater or less than the period which would otherwise have constituted the balance of the term of this Operating Agreement) and on such conditions (which may include concessions or free Operating Fees) as XXXXXXX HOLDINGSMASSACHUSETTS, in its reasonable discretion, may determine and may collect and receive the Operating Fees therefor. XXXXXXX HOLDINGS MASSACHUSETTS shall in no way be responsible or liable for any failure to contract for the use of the Oil Terminal or any part thereof, or for any failure to collect any Operating Fees due upon any such contracting, but agrees to use reasonable efforts to mitigate damages.
Appears in 2 contracts
Samples: Terminal Operating Agreement (Sprague Resources LP), Terminal Operating Agreement (Sprague Resources LP)