Throughput Fees. (a) The throughput fee applicable to transportation of Products on the Product Pipelines (the “Products Throughput Fee”) shall be the rate specified in the Products Tariff. Subject to Sections 4.3 and 4.4, the Company shall pay the Partnership an amount equal to the Products Throughput Fee multiplied by the Actual Shipments on the Product Pipelines.
(b) The throughput fee applicable to transportation of Crude Oil on the Lion Crude Pipelines (the “Lion Crude Throughput Fee”) shall be the applicable rate specified in the Lion Crude Tariffs; provided, however, that the Lion Crude Tariffs provide that no tariff or fee is payable with respect to any Crude Oil transported on the El Dorado Crude Pipeline that has previously been transported on the Magnolia Pipeline or the Gathering System and which the applicable Throughput Fee for such previous transportation is payable (the “Duplicative Crude”). Subject to Sections 4.3 and 4.4, the Company shall pay the Partnership an amount equal to the Crude Throughput Fee multiplied by the Actual Shipments on the Lion Crude Pipelines (other than the Duplicative Crude).
(c) The throughput fee applicable to transportation of Crude Oil on the Gathering System (the “Gathering System Throughput Fee” and, together with the Products Throughput Fee and the Lion Crude Throughput Fee, the “Throughput Fees”) shall be the rate specified in the Gathering System Tariff. Subject to Sections 4.3 and 4.4, the Company shall pay the Partnership an amount equal to the Gathering System Throughput Fee multiplied by the Actual Shipments on the Gathering System.
(d) All fees set forth in this Agreement shall be increased or decreased, as applicable, on July 1 of each year of the Term (i) by the change in any inflationary index promulgated by FERC in accordance with the FERC’s indexing methodology currently set forth at 18 CFR § 342.3, including future amendments or modifications thereof or (ii) in the event that the FERC terminates its indexing methodology during the Term of this Agreement, by a percentage equal to the change in the CPI-U (All Urban Consumers), as reported by the U.S. Bureau of Labor Statistics.
(e) During the Term, if new laws or regulations are enacted that require the Partnership Parties to make substantial and unanticipated capital expenditures (other than maintenance capital expenditures) with respect to any of the Pipelines or the Crude Storage Tanks, the Partnership Parties may seek authorization from the FERC to increase it...
Throughput Fees. Lessee agrees to pay Lessor a handling charge of *** per barrel for each barrel of Product that is physically delivered or allocation transferred into storage, and *** per barrel for each barrel of Product that is physically delivered out of storage under this Lease. Each delivery or receipt of Product that is transferred in-well by means of a letter transfer (an “Inventory Delivery”) will be charged a fee of *** per transaction. Lessee agrees to promptly pay to Lessor, upon receipt of an invoice, at Lessor’s address set forth on the face of such invoice for the charges hereunder. Both the throughput fee and the Inventory Delivery Fee will be escalated annually as set forth in Schedule 1.
Throughput Fees. Customer agrees to pay to Operator the following fees for all Barrels of Product throughput across the Berths:
(i) a $0.40 per barrel fee, subject to a Minimum Marine Throughput Volume Fee (the “MTVF”) of $608,333 per Month ($0.40/Barrel multiplied by 1,520,833), subject to escalation as provided in Section 8(a)(i) below; plus
(ii) a $0.15 per Barrel use fee for marine vapor recovery throughput at the Marine Terminal ( the “MVR Fee”), when applicable, subject to escalation as provided in Section 8(a)(i) below; plus
(iii) a $0.10 per Barrel pipeline use fee for Product volumes loaded and offloaded to marine vessels throughput through the Pipelines, as follows: (A) subject to a minimum of $91,250 per Month from the Commencement Date through December 31, 2014; and (B) subject to a minimum of $152,083 per Month from January 1, 2015 through the termination or expiration of this Agreement (the “Pipeline Use Fee”), subject to escalation as provided in Section 8(a)(i) below; plus
(iv) a $0.70/Barrel storage and transportation fee for the use of the 235,000 shell capacity of the Staging Facility for a fee of $164,500 per Month (the “Storage and Transportation Fee”), subject to escalation as provided in Section 8(a)(i) below.
Throughput Fees. (a) In connection with Customer’s undertaking to throughput the Minimum Marine Throughput Volume, and as partial compensation for the services provided under the Long Beach Agreements, Customer agrees to pay Operator:
(i) the higher of the Aggregate Base Fee or the MTVF; and
(ii) a per Barrel use fee for marine vapor recovery throughput at the Marine Terminal (the “MVR Fee”), when applicable, as set forth in a Terminal Service Order.
(b) During any Month that one or more of the Berths are not available to receive any of Customer’s Marine Vessels on a day in which Customer’s Marine Vessel is scheduled to have access to a Berth, for any reason other than Customer’s actions, including without limitation, Operator’s actions, Force Majeure, and the actions of a Governmental Authority, and such unavailability prevents Customer from throughputting the Minimum Marine Throughput Volume, the Minimum Marine Throughput Volume (and resulting MTVF) for such Month will be reduced as follows:
(i) if all Berths are unavailable, then the Minimum Marine Throughput Volume will be proportionally reduced in proportion to the number of days in such Month when Customer’s vessels were prevented from having access to the Berths as a result of the Berths being unavailable; or
(ii) if one or more, but not all, Berths are unavailable, then the Minimum Marine Throughput Volume will be reduced by the volume of Customer’s Marine Vessel cargoes that were prevented from having access to the Berths for more than two (2) days after delivering notice of readiness, as a result of one or more Berths being unavailable.
(c) Customer acknowledges that during the term of the BAUTA, Operator will have certain guaranteed payment obligations to the POLB with respect to the Long Beach Terminal. If such guaranteed payment obligations to the POLB change such that the fees collected by Operator pursuant to this Agreement or any Long Beach Agreement, as applicable, are insufficient to meet Operator’s minimum guaranteed payment obligation to the POLB, the Minimum Marine Throughput Volume applicable to the Long Beach Terminal will be adjusted as may be mutually negotiated by the Parties in good faith.
Throughput Fees. None of the Rights of Way contain any throughput fees payable by Sellers or their Affiliates to the grantors of such Rights of Way or such grantors’ successors or assigns.
Throughput Fees. TRMC agrees to pay TLO a fee of $0.15 per Barrel (the “Throughput Fee”) for all net Barrels of Products throughput on the LAR Short Haul Pipelines. TLO shall not increase the Throughput Fee during the Term of this Agreement, except as specifically set forth in paragraph (b) of this Section.
Throughput Fees. (a) The throughput fee applicable to transportation of Products on the Product Pipelines (the “Products Throughput Fee”), shall be the applicable rates specified in Schedule E. Subject to Section 8.4 and Section 8.5, Customer shall pay Owner an amount equal to the Products Throughput Fee multiplied by the total amount of Actual Shipments on the Product Pipelines.
(b) The throughput fee applicable to transportation of Crude Oil on the Crude Oil Pipelines (the “Crude Oil Throughput Fee”), shall be the applicable rates specified in Schedule E. Subject to Section 8.4 and Section 8.5, Customer shall pay Owner an amount equal to the Crude Oil Throughput Fee multiplied by the total amount of Actual Shipments on the Crude Oil Pipelines.
Throughput Fees. (a) The throughput fee applicable to throughput of Products at the Product Racks or the Rail Racks, as applicable, shall be the Product Throughput Fee. Subject to Section 8.4 and Section 8.5, Customer shall pay Owner an amount equal to the Products Throughput Fee multiplied by the total amount of Actual Shipments at the Product Racks.
(b) The throughput fee applicable to throughput of Crude Oil at the Rail Racks shall be the Crude Oil Throughput Fee. Subject to Section 8.4 and Section 8.5, Customer shall pay Owner an amount equal to the Crude Oil Throughput Fee multiplied by the total amount of Actual Shipments at the Rail Racks.
Throughput Fees. (a) Customer agrees to pay TLO the higher of the Heavy Oil Base Fee or the MTVF.
(b) Customer shall also pay to TLO such additional service fees as may be specified in a Terminal Service Order.
Throughput Fees. (a) The throughput fee applicable to transportation of Products on the Product Pipelines (the “Products Throughput Fee”) shall be the rate specified in the Products Tariff. Subject to Sections 4.3 and 4.4, the Company shall pay the Partnership an amount equal to the Products Throughput Fee multiplied by the Actual Shipments on the Product Pipelines.
(b) The throughput fee applicable to transportation of Crude Oil on the Lion Crude Pipelines (the “Lion Crude Throughput Fee”) shall be the applicable rate specified in the Lion Crude Tariffs; provided, however, that the Lion Crude Tariffs provide that no tariff or fee is payable with respect to any Crude Oil transported on the El Dorado Crude Pipeline that has previously been transported on the Magnolia Pipeline or the Gathering System and which the applicable Throughput Fee for such previous transportation is payable (the “Duplicative Crude”). Subject to Sections 4.3 and 4.4, the Company shall pay the Partnership an amount equal to the Crude Throughput Fee multiplied by the Actual Shipments on the Lion Crude Pipelines (other than the Duplicative Crude).
