Common use of Storage Fees for the Tankage Clause in Contracts

Storage Fees for the Tankage. (i) Refining shall pay Logistics a fee of $831,667 per month (the “Group A Storage Fee”) for dedicated storage capacity in the Group A Tankage. Refining shall pay Logistics a fee of $10,000 per month (the “Group B Storage Fee”) for dedicated storage capacity in the Group B Tankage. (ii) Notwithstanding the foregoing, in the event that the Effective Date is any date other than the first day of а calendar month, then the Storage Fees for the initial contract month shall be prorated based upon the number of days remaining in such month. (iii) The Materials storage capacity provided to Refining in the Tankage may be temporarily reduced by Logistics (without any adjustment to the Storage Fees) as a result of repairs and/or maintenance on storage tanks that reduce the storage capacity available in Tankage, so long as the reduced storage capacity will not result in the inability of Logistics to provide the Group A Minimum Storage Capacity or the Group B Minimum Storage Capacity. (iv) The amount of the Storage Fees shall be adjusted on July 1 of each Contract Year commencing on July 1, 2014, by an amount equal to the increase or decrease, if any, in the Inflation Index, provided, however, that the Storage Fees shall not be decreased below HOU02:1274125 - 8 - the initial Storage Fees provided in this Section 2(d). If the PPI is no longer published, Refining and Logistics shall negotiate in good faith to agree an a new index that gives comparable protection against inflation and the same method of adjustment for increases or decreases in the new index shall be used to calculate increases or decreases in the Storage Fees. If Refining and Logistics are unable to agree upon а new index, the new index will be determined by arbitration in accordance with Section 13(i). (v) During the Term of this Agreement, if new laws or regulations are enacted that require Logistics to make substantial and unanticipated capital expenditures with respect to the Tankage, the Parties will renegotiate the Storage Fees in good faith in order to compensate Logistics on account of such incremental capital costs. The Parties shall use their commercially reasonable efforts to mitigate the impact of, and comply with, such new laws or regulations. If Refining and Logistics are unable to agree upon renegotiated Storage Fees, the renegotiated Storage Fees will be determined by arbitration in accordance with Section 13(i). (vi) Allocation of storage capacity for separate Materials in the Tankage shall be in accordance with current practices, or as otherwise may be agreed between the Parties from time to time.

Appears in 3 contracts

Samples: Throughput and Tankage Agreement, Throughput and Tankage Agreement (Delek Logistics Partners, LP), Throughput and Tankage Agreement (Delek US Holdings, Inc.)

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Storage Fees for the Tankage. (i) Refining Lion shall pay Logistics a fee of $831,667 750,000 per month (the “Group A Storage Fee”) for dedicated storage capacity in the Group A Tankage. Refining Lion shall pay Logistics a fee of $10,000 19,000 per month (the “Group B Storage Fee”) for dedicated storage capacity in the Group B Tankage. Lion shall pay Logistics a fee of $530,000 per month (the “Group C Storage Fee”) for dedicated storage capacity in the Group C Tankage. (ii) Notwithstanding the foregoing, in the event that the Effective Date is any date other than the first day of а a calendar month, then the Storage Fees for the initial contract month shall be prorated based upon the number of days remaining in such month. (iii) The Materials storage capacity provided to Refining Lion in the Tankage may be temporarily reduced by Logistics (without any adjustment to the Storage Fees) as a result of repairs and/or maintenance on storage tanks that reduce the storage capacity available in Tankage, so long as the reduced storage capacity will not result in the inability of Logistics to provide the Group A Minimum Storage Capacity, the Group B Minimum Storage Capacity or the Group B C Minimum Storage Capacity. (iv) The amount of the Storage Fees shall be adjusted on July 1 of each Contract Year commencing on July 1, 2014, by an amount equal to the increase or decrease, if any, in the Inflation Index, provided, however, that the Storage Fees shall not be decreased below HOU02:1274125 - 8 - the initial Storage Fees provided in this Section 2(d). If the PPI is no longer published, Refining Lion and Logistics shall negotiate in good faith to agree an upon a new index that gives comparable protection against inflation and the same method of adjustment for increases or decreases in the new index shall be used to calculate increases or decreases in the Storage Fees. If Refining Lion and Logistics are unable to agree upon а a new index, the new index will be determined by arbitration in accordance with Section 13(i21(m). (v) During the Term of this Agreement, if new laws or regulations are enacted that require Logistics to make substantial and unanticipated capital expenditures with respect to the Tankage, the Parties will renegotiate the Storage Fees in good faith in order to compensate Logistics on account of such incremental capital costs. The Parties shall use their commercially reasonable efforts to mitigate the impact of, and comply with, such new laws or regulations. If Refining Lion and Logistics are unable to agree upon renegotiated Storage Fees, the renegotiated Storage Fees will be determined by arbitration in accordance with Section 13(i21(m). (vi) Allocation of storage capacity for separate Materials in the Tankage shall be in accordance with current practices, or as otherwise may be agreed between the Parties from time to time.

Appears in 2 contracts

Samples: Throughput and Tankage Agreement (Delek Logistics Partners, LP), Throughput and Tankage Agreement (Delek US Holdings, Inc.)

Storage Fees for the Tankage. (i) Refining DKTS shall pay Logistics a fee of $831,667 2,003,196.000 per month effective as of the Effective Date (the “Initial Storage Fees”) and $988,394.000 per month effective as of February 1, 2025 (the “2025 Storage Fees,” and together with the Initial Storage Fee, the “Storage Fees”), consisting of (A) $570,666 per month (the “Group A Storage Fee”) for dedicated storage capacity in the Group A Tankage. Refining shall pay Logistics a fee of , (B) $10,000 14,457 per month (the “Group B Storage Fee”) for dedicated storage capacity in the Group B Tankage, and (c) $403,270 per month (the “Group C Storage Fee”) for dedicated storage capacity in the Group C Tankage. (ii) Notwithstanding the foregoing, in the event that the Effective Date is any date other than the first day of а a calendar month, then the Storage Fees for the initial contract month shall be prorated based upon the number of days remaining in such month. (iii) The Materials storage capacity provided to Refining DKTS in the Tankage may be temporarily reduced by Logistics (without any adjustment to the Storage Fees) as a result of repairs and/or maintenance on storage tanks that reduce the storage capacity available in Tankage, so long as the reduced storage capacity will not result in the inability of Logistics to provide the Group A Minimum Storage Capacity, the Group B Minimum Storage Capacity or the Group B C Minimum Storage Capacity. (iv) The amount of the Storage Fees shall be adjusted on July 1 of each Contract Year commencing on July 1, 20142025, by an amount equal to the increase or decrease, if any, in the Inflation Index, provided, however, that the Storage Fees shall not be decreased below HOU02:1274125 - 8 - the initial applicable Storage Fees provided in this Section 2(d). If the PPI is no longer published, Refining DKTS and Logistics shall negotiate in good faith to agree an upon a new index that gives comparable protection against inflation and the same method of adjustment for increases or decreases in the new index shall be used to calculate increases or decreases in the Storage Fees. If Refining DKTS and Logistics are unable to agree upon а a new index, the new index will be determined by arbitration in accordance with Section 13(i21(m). (v) During the Term of this Agreement, if new laws or regulations are enacted that require Logistics to make substantial and unanticipated capital expenditures with respect to the Tankage, the Parties will renegotiate the Storage Fees in good faith in order to compensate Logistics on account of such incremental capital costs. The Parties shall use their commercially reasonable efforts to mitigate the impact of, and comply with, such new laws or regulations. If Refining DKTS and Logistics are unable to agree upon renegotiated Storage Fees, the renegotiated Storage Fees will be determined by arbitration in accordance with Section 13(i21(m). (vi) Allocation of storage capacity for separate Materials in the Tankage shall be in accordance with current practices, or as otherwise may be agreed between the Parties from time to time.

Appears in 1 contract

Samples: Throughput and Tankage Agreement (Delek Logistics Partners, LP)

Storage Fees for the Tankage. (i) Refining Lion shall pay Logistics a fee of $831,667 750,000 per month (the “Group A Storage Fee”) for dedicated storage capacity in the Group A Tankage. Refining Lion shall pay Logistics a fee of $10,000 19,000 per month (the “Group B Storage Fee”) for dedicated storage capacity in the Group B Tankage. . Lion shall pay Logistics a fee of $530,000 per month (the “Group C Storage Fee”) for dedicated storage capacity in the Group C Tankage. - 11 - (ii) Notwithstanding the foregoing, in the event that the Effective Date is any date other than the first day of а a calendar month, then the Storage Fees for the initial contract month shall be prorated based upon the number of days remaining in such month. (iii) The Materials storage capacity provided to Refining Lion in the Tankage may be temporarily reduced by Logistics (without any adjustment to the Storage Fees) as a result of repairs and/or maintenance on storage tanks that reduce the storage capacity available in Tankage, so long as the reduced storage capacity will not result in the inability of Logistics to provide the Group A Minimum Storage Capacity, the Group B Minimum Storage Capacity or the Group B C Minimum Storage Capacity. (iv) The amount of the Storage Fees shall be adjusted on July 1 of each Contract Year commencing on July 1, 2014, by an amount equal to the increase or decrease, if any, in the Inflation Index, provided, however, that the Storage Fees shall not be decreased below HOU02:1274125 - 8 - the initial Storage Fees provided in this Section 2(d). If the PPI is no longer published, Refining Lion and Logistics shall negotiate in good faith to agree an upon a new index that gives comparable protection against inflation and the same method of adjustment for increases or decreases in the new index shall be used to calculate increases or decreases in the Storage Fees. If Refining Lion and Logistics are unable to agree upon а a new index, the new index will be determined by arbitration in accordance with Section 13(i21(m). (v) During the Term of this Agreement, if new laws or regulations are enacted that require Logistics to make substantial and unanticipated capital expenditures with respect to the Tankage, the Parties will renegotiate the Storage Fees in good faith in order to compensate Logistics on account of such incremental capital costs. The Parties shall use their commercially reasonable efforts to mitigate the impact of, and comply with, such new laws or regulations. If Refining Lion and Logistics are unable to agree upon renegotiated Storage Fees, the renegotiated Storage Fees will be determined by arbitration in accordance with Section 13(i21(m). (vi) Allocation of storage capacity for separate Materials in the Tankage shall be in accordance with current practices, or as otherwise may be agreed between the Parties from time to time.

Appears in 1 contract

Samples: Throughput and Tankage Agreement

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Storage Fees for the Tankage. (i) Refining DKTS shall pay Logistics a fee of $831,667 1,279,214.828 per month as of the Effective Date (the “Initial Storage Fees”), and $781,869.000 per month effective April 1, 2026 (the “2026 Storage Fees” and together with the Initial Storage Fees, collectively the “Storage Fees”), consisting of (A) $774,050.000 (the “Group A Storage Fee”) for dedicated storage capacity in the Group A Tankage. Refining shall pay Logistics a fee of , and (B) $10,000 7,818.00.000 per month (the “Group B Storage Fee”) for dedicated storage capacity in the Group B Tankage. (ii) Notwithstanding the foregoing, in the event that the Effective Date is any date other than the first day of а a calendar month, then the Storage Fees for the initial contract month shall be prorated based upon the number of days remaining in such month. (iii) The Materials storage capacity provided to Refining DKTS in the Tankage may be temporarily reduced by Logistics (without any adjustment to the Storage Fees) as a result of repairs and/or maintenance on storage tanks that reduce the storage capacity available in Tankage, so long as the reduced storage capacity will not result in the inability of Logistics to provide the Group A Minimum Storage Capacity or the Group B Minimum Storage Capacity. (iv) The amount of the Storage Fees shall be adjusted on July 1 of each Contract Year commencing on July 1, 20142025, by an amount equal to the increase or decrease, if any, in the Inflation Index, provided, however, that the Storage Fees shall not be decreased below HOU02:1274125 - 8 - the initial applicable Storage Fees provided in this Section 2(d). If the PPI is no longer published, Refining DKTS and Logistics shall negotiate in good faith to agree an a new index that gives comparable protection against inflation and the same method of adjustment for increases or decreases in the new index shall be used to calculate increases or decreases in the Storage Fees. If Refining DKTS and Logistics are unable to agree upon а the new index, the new index will be determined by arbitration in accordance with Section 13(i). (v) During the Term of this Agreement, if new laws or regulations are enacted that require Logistics to make substantial and unanticipated capital expenditures with respect to the Tankage, the Parties will renegotiate the Storage Fees in good faith in order to compensate Logistics on account of such incremental capital costs. The Parties shall use their commercially reasonable efforts to mitigate the impact of, and comply with, such new laws or regulations. If Refining DKTS and Logistics are unable to agree upon renegotiated Storage Fees, the renegotiated Storage Fees will be determined by arbitration in accordance with Section 13(i). (vi) Allocation of storage capacity for separate Materials in the Tankage shall be in accordance with current practices, or as otherwise may be agreed between the Parties from time to time.

Appears in 1 contract

Samples: Throughput and Tankage Agreement (Delek Logistics Partners, LP)

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