Throughput Commitment. Subject to Article 2, the Applicable Refinery Owner commits to deliver to HEP Operating at the location of each Applicable Asset the Minimum Throughput Commitment of Feedstock for each Contract Quarter, and pay the Tolling Fees in exchange for HEP Operating providing the services necessary to process the Feedstock into the Products.
Throughput Commitment. For each Calendar Quarter during the Term, Customer shall tender or cause to be tendered an average of at least 150,000 Barrels per Day of Product to the Terminal (which shall include any Product delivered through the TransCanada Connection as set forth in Section 8(b) below) for storage and handling and redelivery to Customer in approximately ratable quantities (such average, the “Minimum Quarterly Terminal Commitment”) and Company shall accept, store and redeliver such Product in accordance with the terms of this Schedule. Except as expressly provided in the Agreement in connection with an Outage, a Company Force Majeure, or a Customer Force Majeure, if during any Calendar Quarter, Customer fails to satisfy its Minimum Quarterly Terminal Commitment during such Calendar Quarter, then Customer will pay Company a deficiency payment (each, a “Terminal Deficiency Payment”) in an amount equal to the volume of the deficiency (the “Terminal Deficiency Volume”) multiplied by the Terminal Throughput Charge. Customer shall pay Company the amount of such Terminal Deficiency Payment along with any Terminal Throughput Charge payable hereunder. The dollar amount of any Terminal Deficiency Payment paid by Customer may be applied as a credit against any amounts incurred by Customer and owed to Company with respect to volumes of Product delivered to the Terminal in excess of Customer’s Minimum Quarterly Terminal Commitment (or, if this Schedule expires or is terminated, to volumes delivered to the Terminal in excess of the applicable Minimum Quarterly Terminal Commitment in effect as of the date of such expiration or termination) (such excess volume in any Calendar Quarter during the Term is referred to as the “Terminal Surplus Volume”) during any of the succeeding four Calendar Quarters, after which time any unused credits will expire. This Section 8(a) shall survive the expiration or termination of this Schedule, if necessary for the application of any Terminal Deficiency Payment against any Terminal Surplus Volume as set forth herein. Company shall provide throughput capacity at the Terminal to Customer in excess of the Minimum Quarterly Terminal Commitment on an “as available” basis, and any use of such excess capacity shall be subject to the applicable Terminal Throughput Charge.
Throughput Commitment. Subject to the terms and conditions of this Agreement, Customer agrees that each day during the Term it will tender for shipment through the Connecting Pipeline from the Origin Point to the Delivery Point, or pay a Deficiency Payment for failure to tender, the Minimum Volume Commitment.
Throughput Commitment. Subject to Section 4.2, during the Term, Customer shall deliver to Refiner for refining in the CC Unit an average over each Semi- Annual Period of at least 10,000 B/CD of Gas Oil (the “CC Commitment”). If Customer is not then in default under this Agreement, Customer shall have the first right to use any Excess Capacity in the CC Unit, and may exercise this right by indicating in its Monthly Plan which is provided to Refiner under Section 6.1 the amount of Excess Capacity in the CC Unit that it elects to use in the following Month. The maximum Capacity of the CC Unit for delivered Gas Oil is currently 11,500 B/CD. To the extent Customer does not elect to use Excess Capacity in the CC Unit pursuant to this Agreement, Refiner shall have the right to use such Excess Capacity to refine for itself or third parties. In addition, Refiner shall have the right to enter into contractual commitments of a duration of not more than six months with any third party with respect to Excess Capacity (a “Third Party Agreement”) in the CC Unit (i) with Customer’s consent or (ii) if Customer has failed to pay for the CC Commitment for the previous six consecutive months (excluding failures due to a Force Majeure at the Refinery). To the extent Customer has elected to use some but not all of the Excess Capacity in the CC Unit, and there is insufficient Excess Capacity to satisfy all of Refinery’s commitments therefor, Customer and parties under a Third Party Agreement will receive Excess Capacity on a pro rata basis in proportion to the respective amounts of Excess Capacity to which they are entitled. Any use of Capacity in the CC Unit for Refiner’s own account or for third parties shall be coordinated with Customer so as not to materially interfere with Customer’s right to use Capacity in the CC Unit.
Throughput Commitment. Should there be a throughput commitment set forth in the terms of any Individual Transaction Confirmation under this Agreement and if the Actual Throughput (as defined below) for any applicable Contract Year is less than the Total Volume Throughput Commitment for such Contract Year as set forth in the applicable Individual Transaction Confirmation, Shipper shall pay to Gatherer a True-Up Payment (as defined below) for such Contract Year in accordance with the following. The actual throughput ("Actual Throughput") for any Contract Year(s) shall be the cumulative sum of the total volume throughput of Gas delivered by Shipper and received by Gatherer for gathering hereunder that flowed during said Contract Year plus the cumulative total of Shipper volumes that flowed during the preceding Contract Year that was in excess of the Total Volume Throughput Commitment for that Contract Year. The Total Volume Throughput Commitment ("Total Volume Throughput Commitment") shall be as set forth in the applicable Individual Transaction Confirmation.
