Common use of Throughput Right of First Refusal Clause in Contracts

Throughput Right of First Refusal. Unless otherwise specified in a Terminal Service Order, all throughput of TRMC’s volumes, along with storage related to such throughput, shall be on a fungible commingled basis, and TLO may commingle such Products with Products of third parties of like grade and kind. TLO shall have the right to enter into arrangements with third parties to throughput Products at each Terminal and provide storage related to such throughput; provided however, that (i) TLO shall not enter into any third party arrangements that would restrict or limit the ability of TRMC to throughput the Reserved Capacity at each Terminal each Month without TRMC’s consent, and (ii) TLO shall give TRMC ninety (90) days prior written notice of any proposed throughput agreement with a third party, and if TRMC makes an offer on terms no less favorable to TLO than the third-party offer, TLO shall be obligated to enter into a terminalling agreement with TRMC on the terms set forth in its proposed offer (“Throughput Right of First Refusal”). If TRMC does not exercise its Throughput Right of First Refusal in the manner set forth above, TLO may, for the next ninety (90) days, proceed with the negotiation of the third-party terminalling agreement. If no third-party terminalling agreement is consummated during such ninety-day period, the terms and conditions of this Section 29(e) shall again become effective.

Throughput Right of First Refusal. Unless otherwise specified in a Terminal Service Order, all throughput of TRMCCustomer’s volumes, along with storage related to such throughput, shall be on a fungible commingled basis, and TLO may commingle such Products with Products of third parties of like grade and kind. TLO shall have the right to enter into arrangements with third parties to throughput Products at each the Terminal and provide storage related to such throughput; provided however, that (i) TLO shall not enter into any third party arrangements that would restrict or limit the ability of TRMC Customer to throughput the Reserved Capacity Capacities at each the Terminal each Month without TRMCCustomer’s consent, and (ii) TLO shall give TRMC Customer ninety (90) days prior written notice of any proposed throughput agreement with a third party, and if TRMC Customer makes an offer on terms no less favorable to TLO than the third-party offer, TLO shall be obligated to enter into a terminalling agreement with TRMC Customer on the terms set forth in its proposed offer (“Throughput Right of First Refusal”). If TRMC Customer does not exercise its Throughput Right of First Refusal in the manner set forth above, TLO may, for the next ninety (90) days, proceed with the negotiation of the third-party terminalling agreement. If no third-party terminalling agreement is consummated during such ninety-day period, the terms and conditions of this Section 29(e28(e) shall again become effective.

Throughput Right of First Refusal. Unless otherwise specified in a Terminal Service Order, all throughput of TRMCCustomer’s volumes, along with storage related to such throughput, shall be on a fungible commingled basis, and TLO may commingle such Products with Products of third parties of like grade and kind. TLO shall have the right to enter into arrangements with third parties to throughput Products at each the Terminal and provide storage related to such throughput; provided however, that (i) TLO shall not enter into any third party arrangements that would restrict or limit the ability of TRMC Customer to throughput the Reserved Capacity at each the Terminal each Month without TRMCCustomer’s consent, and (ii) TLO shall give TRMC Customer ninety (90) days prior written notice of any proposed throughput agreement with a third party, and if TRMC Customer makes an offer on terms no less favorable to TLO than the third-party offer, TLO shall be obligated to enter into a terminalling agreement with TRMC Customer on the terms set forth in its proposed offer (“Throughput Right of First Refusal”). If TRMC Customer does not exercise its Throughput Right of First Refusal in the manner set forth above, TLO may, for the next ninety (90) days, proceed with the negotiation of the third-party terminalling agreement. If no third-party terminalling agreement is consummated during such ninety-day period, the terms and conditions of this Section 29(e28(e) shall again become effective.