Common use of Train Scheduling Clause in Contracts

Train Scheduling. Customer shall be responsible for arranging and coordinating rail transportation for any Customer Product (x) delivered by or on behalf of Customer to the Rail Unloading Points and/or (y) Nominated by Customer for redelivery to the Rail Loading Points. (a) With respect to any Customer Product that is Nominated for (i) delivery to the Rail Unloading Points or (ii) redelivery to the Rail Loading Points, as applicable, Customer shall, as promptly as possible, keep Provider regularly informed as to (A) any rail transportation provider Customer has contracted to move its Product, and (B) the number and dimensions of any trains and rail tank cars that Customer has contracted to carry (or expects to contract to carry) such Customer Product. (b) At all times during the Term, Customer shall have under contract with rail transportation providers sufficient trains and rail tank cars to move all Customer Product so Nominated by Customer (or expected to be Nominated by Customer) pursuant to this Agreement as Provider and Customer shall reasonably agree are necessary or advisable to (i) deliver all such Customer Product to the Mentor System in accordance with such Nominations, (ii) take away all such Customer Product from Mentor System in a timely manner, and (iii) prevent Bunching. In making such determinations, the Parties shall take into consideration all relevant factors, including: (A) the expected loading and offloading time of such trains and rail tank cars, and (B) bad car rates, maintenance and repair estimates and expected service interruption rates. (c) Customer shall have an obligation to maintain at or near the Mentor System readily available spare parts for trains and rail tank cars consistent with reasonably anticipated repair and replacement needs, as notified to Customer or posted on Provider’s website from time to time. Customer shall promptly remove from the Mentor System any trains and rail tank cars requiring repairs, unless Customer has retained Provider to perform such repairs. In the event Customer does not have readily available at or near the Mentor System a spare part needed to repair a train and/or rail tank car, in addition to other remedies to which Provider may be entitled, Provider may bad order the applicable rail tank car. (d) Customer shall use reasonable efforts to arrange rail transportation for all applicable Customer Product at such times and at such rates that are substantially even and coordinated with its Nominations applicable thereto and otherwise in a manner that prevents Bunching. (e) Provider shall use its commercially reasonable efforts to schedule the Transloading Services consistent with the applicable Nominations of Customer. TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**).

Appears in 2 contracts

Samples: Storage Services Agreement (Hess Midstream Partners LP), Storage Services Agreement (Hess Midstream Partners LP)

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Train Scheduling. Customer shall be responsible for arranging and coordinating rail transportation for any Customer Product (x) NGLs delivered by or on behalf of Customer Provider to the Rail Unloading Points and/or (y) Nominated by Customer for redelivery to the Rail Car Loading Points. (a) With respect to any Customer Product that is Nominated for (i) delivery to the Rail Unloading Points or (ii) redelivery to the Rail Loading Points, as applicable, Customer shall, as promptly as possible, keep Provider regularly informed as to (Ai) any rail transportation provider Customer has contracted to move its Productany Customer NGLs, and (Bii) the number and dimensions of any trains Trains and rail tank cars Rail Tank Cars that Customer has contracted to carry (or expects to contract to carry) such Customer ProductNGLs, and (iii) the planned destinations of any such Trains and Rail Tank Cars, if available. (b) At all times during the Term, Customer shall have under contract with rail transportation providers sufficient trains Trains and rail tank cars Rail Tank Cars to move all Customer Product so NGLs Nominated by Customer to the Rail Car Loading Points (or expected to be so Nominated by Customer) pursuant to this Agreement as Provider and Customer shall reasonably agree are necessary or advisable to (i) deliver all such Customer Product to the Mentor System in accordance with such Nominations, (ii) take away all such Customer Product NGLs from Mentor System the Plant in a timely manner, and (iiiii) prevent Bunching. In making such determinations, the Parties shall take into consideration all relevant factors, including: (A) the destinations for such Customer NGLs, (B) the expected loading and offloading time of such trains Trains and rail tank carsRail Tank Cars, and (BC) bad car rates, maintenance and repair estimates and expected service interruption rates. (c) Customer shall have an obligation to maintain at or near the Mentor System Plant readily available spare parts for trains Trains and rail tank cars Rail Tank Cars consistent with reasonably anticipated repair and replacement needs, as notified to Customer or posted on Provider’s website from time to time. Customer shall promptly remove from the Mentor System Plant any trains and rail tank cars Trains or Rail Tank Cars requiring repairs, unless Customer has retained Provider to perform such repairs. In the event Customer does not have readily available at or near the Mentor System Plant a spare part needed to repair a train and/or rail tank carTrain or Rail Tank Car, as applicable, then in addition to other remedies to which Provider may be entitled, Provider may bad order the applicable rail tank carRail Tank Car. (d) Customer shall use reasonable efforts to arrange rail transportation for all applicable Customer Product NGLs Nominated to the Rail Car Loading Points (or expected to be so Nominated by Customer) pursuant to this Agreement at such times and at such rates that are substantially even and coordinated with its Tendering of Customer Gas at the Receipt Points and Nominations applicable thereto for delivery of such Customer NGLs to the Rail Car Loading Points and otherwise in a manner that prevents Bunching. (e) Provider shall use its commercially reasonable efforts to schedule the Transloading Loading Services of Customer NGLs Nominated to the Rail Car Loading Points pursuant to this Agreement consistent with the applicable Nominations of Customer. TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**).

Appears in 2 contracts

Samples: Gas Processing and Fractionation Agreement (Hess Midstream Partners LP), Gas Processing and Fractionation Agreement (Hess Midstream Partners LP)

Train Scheduling. Customer shall be responsible for arranging and coordinating rail transportation for any Customer Product (x) NGLs delivered by or on behalf of Customer Provider to the Rail Unloading Points and/or (y) Nominated by Customer for redelivery to the Rail Car Loading Points. (a) With respect to any Customer Product that is Nominated for (i) delivery to the Rail Unloading Points or (ii) redelivery to the Rail Loading Points, as applicable, Customer shall, as promptly as possible, keep Provider regularly informed as to (Ai) any rail transportation provider Customer has contracted to move its Productany Customer NGLs, and (Bii) the number and dimensions of any trains Trains and rail tank cars Rail Tank Cars that Customer has contracted to carry (or expects to contract to carry) such Customer ProductNGLs, and (iii) the planned destinations of any such Trains and Rail Tank Cars, if available. (b) At all times during the Term, Customer shall have under contract with rail transportation providers sufficient trains Trains and rail tank cars Rail Tank Cars to move all Customer Product so NGLs Nominated by Customer to the Rail Car Loading Points (or expected to be so Nominated by Customer) pursuant to this Agreement as Provider and Customer shall reasonably agree are necessary or advisable to (i) deliver all such Customer Product to the Mentor System in accordance with such Nominations, (ii) take away all such Customer Product NGLs from Mentor System the Plant in a timely manner, and (iiiii) prevent Bunching. In making such determinations, the Parties shall take into consideration all relevant factors, including: (A) the destinations for such Customer NGLs, (B) the expected loading and offloading time of such trains Trains and rail tank carsRail Tank Cars, and (BC) bad car rates, maintenance and repair estimates and expected service interruption rates. (c) Customer shall have an obligation to maintain at or near the Mentor System Plant readily available spare parts for trains Trains and rail tank cars Rail Tank Cars consistent with reasonably anticipated repair and replacement needs, as notified to Customer or posted on Provider’s website from time to time. Customer shall promptly remove from the Mentor System Plant any trains and rail tank cars Trains or Rail Tank Cars requiring repairs, unless Customer has retained Provider to perform such repairs. In the event Customer does not have readily available at or near the Mentor System Plant a spare part needed to repair a train and/or rail tank carTrain or Rail Tank Car, as applicable, then in addition to other remedies to which Provider may be entitled, Provider may bad order the applicable rail tank carRail Tank Car. (d) Customer shall use reasonable efforts to arrange rail transportation for all applicable Customer Product NGLs Nominated to the Rail Car Loading Points (or expected to be so Nominated by Customer) pursuant to this Agreement at such times and at such rates that are substantially even and coordinated with its Tendering of Customer Gas at the Receipt Points and Nominations applicable thereto for delivery of such Customer NGLs to the Rail Car Loading Points and otherwise in a manner that prevents Bunching. (e) Provider shall use its commercially reasonable efforts to schedule the Transloading Services consistent with the applicable Nominations of Customer. TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). (e) Provider shall use its commercially reasonable efforts to schedule the Loading Services of Customer NGLs Nominated to the Rail Car Loading Points pursuant to this Agreement consistent with the applicable Nominations of Customer.

Appears in 2 contracts

Samples: Gas Processing and Fractionation Agreement (Hess Midstream Partners LP), Gas Processing and Fractionation Agreement (Hess Midstream Partners LP)

Train Scheduling. Customer shall be responsible for arranging and coordinating rail transportation for any Customer Product (x) Hydrocarbons delivered by or on behalf of Customer to the Rail Unloading Points and/or (y) Nominated by Customer for redelivery Provider to the Rail Loading Points, regardless whether or not such Customer Hydrocarbons are to utilize the Tank Car Services hereunder. (a) With respect to any Customer Product Hydrocarbons that is are Nominated for (i) delivery to the Rail Unloading Loading Points or but that will not be utilizing the Tank Car Services (ii) redelivery to the such Customer Hydrocarbons, “Non-Party Rail Loading Points, as applicableHydrocarbons”), Customer shall, as promptly as possible, keep Provider regularly informed as to (Ai) any rail transportation provider Customer has contracted to move its Productsuch Non-Party Rail Hydrocarbons, and (Bii) the number and dimensions of any trains Non-Party owned Trains and rail tank cars Tank Cars (“Non-Party Trains”) that Customer has contracted to carry (or expects to contract to carry) such Customer ProductNon-Party Rail Hydrocarbons, and (iii) the planned destinations of any such Non-Party Trains, if available. (b) At all times during the Term, Customer shall have under contract with rail transportation providers sufficient trains and rail tank cars Non-Party Trains to move all Customer Product so Non-Party Rail Hydrocarbons Nominated by Customer (or expected to be Nominated by Customer) pursuant to this Agreement as Provider and Customer shall reasonably agree are necessary or advisable to (i) deliver all such Customer Product to the Mentor System in accordance with such Nominations, (ii) take away all such Customer Product Non-Party Rail Hydrocarbons from Mentor System the Terminals in a timely manner, and (iiiii) prevent Bunching. In making such determinations, the Parties shall take into consideration all relevant factors, including: (A) the destinations for such Non-Party Rail Hydrocarbons, (B) the expected loading and offloading time of such trains and rail tank carsNon-Party Trains, and (BC) bad car rates, maintenance and repair estimates and expected service interruption rates. (c) Customer shall have an obligation to maintain at or near the Mentor System Terminals readily available spare parts for trains and rail tank cars Non-Party Trains consistent with reasonably anticipated repair and replacement needs, as notified to Customer or posted on Provider’s website from time to time. Customer shall promptly remove from the Mentor System Terminals any trains and rail tank cars Non-Party Trains requiring repairs, unless Customer has retained Provider to perform such repairs. In the event Customer does not have readily available at or near the Mentor System Terminals a spare part needed to repair a train and/or rail tank carNon-Party Train, in addition to other remedies to which Provider may be entitled, Provider may bad order the applicable rail tank carNon-Party owned Tank Car. (d) Customer shall use reasonable efforts to arrange rail transportation for all applicable Customer Product Non-Party Rail Hydrocarbons at such times and at such rates that are substantially even and coordinated with its Tendering of Customer Hydrocarbons at the Receipt Points and Nominations applicable thereto for delivery of such Non-Party Rail Hydrocarbons to the Rail Loading Points and otherwise in a manner that minimizes the amount and duration of storage of Non-Party Rail Hydrocarbons on the Terminals System and prevents Bunching. (e) Provider shall use its commercially reasonable efforts to schedule the Transloading Services consistent with the applicable Nominations of Customer. TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). (e) Provider shall use its commercially reasonable efforts to schedule the Crude Oil Services constituting the loading of Non-Party Rail Hydrocarbons consistent with the applicable Nominations of Customer.

Appears in 2 contracts

Samples: Terminal and Export Services Agreement (Hess Midstream Partners LP), Terminal and Export Services Agreement (Hess Midstream Partners LP)

Train Scheduling. Customer shall be responsible for arranging and coordinating rail transportation for any Customer Product (x) Hydrocarbons delivered by or on behalf of Customer to the Rail Unloading Points and/or (y) Nominated by Customer for redelivery Provider to the Rail Loading Points, regardless whether or not such Customer Hydrocarbons are to utilize the Tank Car Services hereunder. (a) With respect to any Customer Product Hydrocarbons that is are Nominated for (i) delivery to the Rail Unloading Loading Points or but that will not be utilizing the Tank Car Services (ii) redelivery to the such Customer Hydrocarbons, “Non-Party Rail Loading Points, as applicableHydrocarbons”), Customer shall, as promptly as possible, keep Provider regularly informed as to (Ai) any rail transportation provider Customer has contracted to move its Productsuch Non-Party Rail Hydrocarbons, and (Bii) the number and dimensions of any trains Non-Party owned Trains and rail tank cars Tank Cars (“Non-Party Trains”) that Customer has contracted to carry (or expects to contract to carry) such Customer ProductNon-Party Rail Hydrocarbons, and (iii) the planned destinations of any such Non-Party Trains, if available. (b) At all times during the Term, Customer shall have under contract with rail transportation providers sufficient trains and rail tank cars Non-Party Trains to move all Customer Product so Non-Party Rail Hydrocarbons Nominated by Customer (or expected to be Nominated by Customer) pursuant to this Agreement as Provider and Customer shall reasonably agree are necessary or advisable to (i) deliver all such Customer Product to the Mentor System in accordance with such Nominations, (ii) take away all such Customer Product Non-Party Rail Hydrocarbons from Mentor System the Terminals in a timely manner, and (iiiii) prevent Bunching. In making such determinations, the Parties shall take into consideration all relevant factors, including: (A) the destinations for such Non-Party Rail Hydrocarbons, (B) the expected loading and offloading time of such trains and rail tank carsNon-Party Trains, and (BC) bad car rates, maintenance and repair estimates and expected service interruption rates. (c) Customer shall have an obligation to maintain at or near the Mentor System Terminals readily available spare parts for trains and rail tank cars Non-Party Trains consistent with reasonably anticipated repair and replacement needs, as notified to Customer or posted on Provider’s website from time to time. Customer shall promptly remove from the Mentor System Terminals any trains and rail tank cars Non-Party Trains requiring repairs, unless Customer has retained Provider to perform such repairs. In the event Customer does not have readily available at or near the Mentor System Terminals a spare part needed to repair a train and/or rail tank carNon-Party Train, in addition to other remedies to which Provider may be entitled, Provider may bad order the applicable rail tank carNon-Party owned Tank Car. (d) Customer shall use reasonable efforts to arrange rail transportation for all applicable Customer Product Non-Party Rail Hydrocarbons at such times and at such rates that are substantially even and coordinated with its Tendering of Customer Hydrocarbons at the Receipt Points and Nominations applicable thereto for delivery of such Non-Party Rail Hydrocarbons to the Rail Loading Points and otherwise in a manner that minimizes the amount and duration of storage of Non-Party Rail Hydrocarbons on the Terminals System and prevents Bunching. (e) Provider shall use its commercially reasonable efforts to schedule the Transloading Services consistent with the applicable Nominations of Customer. TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). (e) Provider shall use its commercially reasonable efforts to schedule the Crude Oil Loading Services of Non-Party Rail Hydrocarbons consistent with the applicable Nominations of Customer.

Appears in 2 contracts

Samples: Terminal and Export Services Agreement (Hess Midstream Partners LP), Terminal and Export Services Agreement (Hess Midstream Partners LP)

Train Scheduling. Customer shall be responsible for arranging and coordinating rail transportation for any Customer Product (x) delivered by or on behalf of Customer to the Rail Unloading Points and/or (y) Nominated by Customer for redelivery to the Rail Loading Points. (a) With respect to any Customer Product that is Nominated for (i) delivery to the Rail Unloading Points or (ii) redelivery to the Rail Loading Points, as applicable, Customer shall, as promptly as possible, keep Provider regularly informed as to (A) any rail transportation provider Customer has contracted to move its Product, and (B) the number and dimensions of any trains and rail tank cars that Customer has contracted to carry (or expects to contract to carry) such Customer Product. (b) At all times during the Term, Customer shall have under contract with rail transportation providers sufficient trains and rail tank cars to move all Customer Product so Nominated by Customer (or expected to be Nominated by Customer) pursuant to this Agreement as Provider and Customer shall reasonably agree are necessary or advisable to (i) deliver all such Customer Product to the Mentor System in accordance with such Nominations, (ii) take away all such Customer Product from Mentor System in a timely manner, and (iii) prevent Bunching. In making such determinations, the Parties shall take into consideration all relevant factors, including: (A) the expected loading and offloading time of such trains and rail tank cars, and (B) bad car rates, maintenance and repair estimates and expected service interruption rates. (c) Customer shall have an obligation to maintain at or near the Mentor System readily available spare parts for trains and rail tank cars consistent with reasonably anticipated repair and replacement needs, as notified to Customer or posted on Provider’s 's website from time to time. Customer shall promptly remove from the Mentor System any trains and rail tank cars requiring repairs, unless Customer has retained Provider to perform such repairs. In the event Customer does not have readily available at or near the Mentor System a spare part needed to repair a train and/or rail tank car, in addition to other remedies to which Provider may be entitled, Provider may bad order the applicable rail tank car. (d) Customer shall use reasonable efforts to arrange rail transportation for all applicable Customer Product at such times and at such rates that are substantially even and coordinated with its Nominations applicable thereto and otherwise in a manner that prevents Bunching. (e) Provider shall use its commercially reasonable efforts to schedule the Transloading Services consistent with the applicable Nominations of Customer. TERMS IN CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WERE OMITTED BY MEANS OF MARKING SUCH PORTIONS WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS BRACKETS (“[**)*]”) BECAUSE THE IDENTIFIED CONFIDENTIAL PORTIONS (I) ARE NOT MATERIAL AND (II) IS THE TYPE OF INFORMATION THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL.

Appears in 1 contract

Samples: Storage Services Agreement (Hess Midstream LP)

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Train Scheduling. Customer shall be responsible for arranging and coordinating rail transportation for any Customer Product (x) NGLs delivered by or on behalf of Customer Provider to the Rail Unloading Points and/or (y) Nominated by Customer for redelivery to the Rail Car Loading Points. (a) With respect to any Customer Product that is Nominated for (i) delivery to the Rail Unloading Points or (ii) redelivery to the Rail Loading Points, as applicable, Customer shall, as promptly as possible, keep Provider regularly informed as to (Ai) any rail transportation provider Customer has contracted to move its Productany Customer NGLs, and (Bii) the number and dimensions of any trains Trains and rail tank cars Rail Tank Cars that Customer has contracted to carry (or expects to contract to carry) such Customer ProductNGLs, and (iii) the planned destinations of any such Trains and Rail Tank Cars, if available. (b) At all times during the Term, Customer shall have under contract with rail transportation providers sufficient trains Trains and rail tank cars Rail Tank Cars to move all Customer Product so NGLs Nominated by Customer to the Rail Car Loading Points (or expected to be so Nominated by Customer) pursuant to this Agreement as Provider and Customer shall reasonably agree are necessary or advisable to (i) deliver all such Customer Product to the Mentor System in accordance with such Nominations, (ii) take away all such Customer Product NGLs from Mentor System the applicable Plant in a timely manner, and (iiiii) prevent Bunching. In making such determinations, the Parties shall take into consideration all relevant factors, including: (A) the destinations for such Customer NGLs, (B) the expected loading and offloading time of such trains Trains and rail tank carsRail Tank Cars, and (BC) bad car rates, maintenance and repair estimates and expected service interruption rates. (c) Customer shall have an obligation to maintain at or near the Mentor System each applicable Plant readily available spare parts for trains Trains and rail tank cars Rail Tank Cars consistent with reasonably anticipated repair and replacement needs, as notified to Customer or posted on Provider’s website from time to time. Customer shall promptly remove from the Mentor System any trains and rail tank cars applicable Plant any Trains or Rail Tank Cars requiring repairs, unless Customer has retained Provider to perform such repairs. In the event Customer does not have readily available at or near the Mentor System applicable Plant a spare part needed to repair a train and/or rail tank carTrain or Rail Tank Car, as applicable, then in addition to other remedies to which Provider may be entitled, Provider may bad order the applicable rail tank carRail Tank Car. (d) Customer shall use reasonable efforts to arrange rail transportation for all applicable Customer Product NGLs Nominated to the Rail Car Loading Points (or expected to be so Nominated by Customer) pursuant to this Agreement at such times and at such rates that are substantially even and coordinated with its Tendering of Customer Gas at the Receipt Points and Nominations applicable thereto for delivery of such Customer NGLs to the Rail Car Loading Points and otherwise in a manner that prevents Bunching. (e) Provider shall use its commercially reasonable efforts to schedule the Transloading Services consistent with the applicable Nominations of Customer. TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). (e) Provider shall use its commercially reasonable efforts to schedule the Loading Services of Customer NGLs Nominated to the Rail Car Loading Points pursuant to this Agreement consistent with the applicable Nominations of Customer.

Appears in 1 contract

Samples: Gas Processing and Fractionation Agreement (Hess Midstream Partners LP)

Train Scheduling. Customer shall be responsible for arranging and coordinating rail transportation for any Customer Product (x) Hydrocarbons delivered by or on behalf of Customer to the Rail Unloading Points and/or (y) Nominated by Customer for redelivery Provider to the Rail Loading Points, regardless whether or not such Customer Hydrocarbons are to utilize the Tank Car Services hereunder. (a) With respect to any Customer Product Hydrocarbons that is are Nominated for (i) delivery to the Rail Unloading Loading Points or but that will not be utilizing the Tank Car Services (ii) redelivery to the such Customer Hydrocarbons, "Non-Party Rail Loading Points, as applicableHydrocarbons"), Customer shall, as promptly as possible, keep Provider regularly informed as to (Ai) any rail transportation provider Customer has contracted to move its Productsuch Non-Party Rail Hydrocarbons, and (Bii) the number and dimensions of any trains Non-Party owned Trains and rail tank cars Tank Cars ("Non-Party Trains") that Customer has contracted to carry (or expects to contract to carry) such Customer ProductNon-Party Rail Hydrocarbons, and (iii) the planned destinations of any such Non-Party Trains, if available. (b) At all times during the Term, Customer shall have under contract with rail transportation providers sufficient trains and rail tank cars Non-Party Trains to move all Customer Product so Non-Party Rail Hydrocarbons Nominated by Customer (or expected to be Nominated by Customer) pursuant to this Agreement as Provider and Customer shall reasonably agree are necessary or advisable to (i) deliver all such Customer Product to the Mentor System in accordance with such Nominations, (ii) take away all such Customer Product Non-Party Rail Hydrocarbons from Mentor System the Terminals in a timely manner, and (iiiii) prevent Bunching. In making such determinations, the Parties shall take into consideration all relevant factors, including: (A) the destinations for such Non-Party Rail Hydrocarbons, (B) the expected loading and offloading time of such trains and rail tank carsNon-Party Trains, and (BC) bad car rates, maintenance and repair estimates and expected service interruption rates. (c) Customer shall have an obligation to maintain at or near the Mentor System Terminals readily available spare parts for trains and rail tank cars Non-Party Trains consistent with reasonably anticipated repair and replacement needs, as notified to Customer or posted on Provider’s 's website from time to time. Customer shall promptly remove from the Mentor System Terminals any trains and rail tank cars Non-Party Trains requiring repairs, unless Customer has retained Provider to perform such repairs. In the event Customer does not have readily available at or near the Mentor System Terminals a spare part needed to repair a train and/or rail tank carNon-Party Train, in addition to other remedies to which Provider may be entitled, Provider may bad order the applicable rail tank carNon-Party owned Tank Car. (d) Customer shall use reasonable efforts to arrange rail transportation for all applicable Customer Product Non-Party Rail Hydrocarbons at such times and at such rates that are substantially even and coordinated with its Tendering of Customer Hydrocarbons at the Receipt Points and Nominations applicable thereto for delivery of such Non-Party Rail Hydrocarbons to the Rail Loading Points and otherwise in a manner that minimizes the amount and duration of storage of Non-Party Rail Hydrocarbons on the Terminals System and prevents Bunching. CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED BY MEANS OF MARKING SUCH PORTIONS WITH BRACKETS (“[***]”) BECAUSE THE IDENTIFIED CONFIDENTIAL PORTIONS (I) ARE NOT MATERIAL AND (II) IS THE TYPE OF INFORMATION THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. (e) Provider shall use its commercially reasonable efforts to schedule the Transloading Crude Oil Services constituting the loading of Non-Party Rail Hydrocarbons consistent with the applicable Nominations of Customer. TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**).

Appears in 1 contract

Samples: Terminal and Export Services Agreement (Hess Midstream LP)

Train Scheduling. Customer shall be responsible for arranging and coordinating rail transportation for any Customer Product (x) NGLs delivered by or on behalf of Customer Provider to the Rail Unloading Points and/or (y) Nominated by Customer for redelivery to the Rail Car Loading Points. (a) With respect to any Customer Product that is Nominated for (i) delivery to the Rail Unloading Points or (ii) redelivery to the Rail Loading Points, as applicable, Customer shall, as promptly as possible, keep Provider regularly informed as to (Ai) any rail transportation provider Customer has contracted to move its Productany Customer NGLs, and (Bii) the number and dimensions of any trains Trains and rail tank cars Rail Tank Cars that Customer has contracted to carry (or expects to contract to carry) such Customer ProductNGLs, and (iii) the planned destinations of any such Trains and Rail Tank Cars, if available. (b) At all times during the Term, Customer shall have under contract with rail transportation providers sufficient trains Trains and rail tank cars Rail Tank Cars to move all Customer Product so NGLs Nominated by Customer to the Rail Car Loading Points (or expected to be so Nominated by Customer) pursuant to this Agreement as Provider and Customer shall reasonably agree are necessary or advisable to (i) deliver all such Customer Product to the Mentor System in accordance with such Nominations, (ii) take away all such Customer Product NGLs from Mentor System the applicable Plant in a timely manner, and (iiiii) prevent Bunching. In making such determinations, the Parties shall take into consideration all relevant factors, including: (A) the destinations for such Customer NGLs, (B) the expected loading and offloading time of such trains Trains and rail tank carsRail Tank Cars, and (BC) bad car rates, maintenance and repair estimates and expected service interruption rates. (c) Customer shall have an obligation to maintain at or near the Mentor System each applicable Plant readily available spare parts for trains Trains and rail tank cars Rail Tank Cars consistent with reasonably anticipated repair and replacement needs, as notified to Customer or posted on Provider’s 's website from time to time. Customer shall promptly remove from the Mentor System any trains and rail tank cars applicable Plant any Trains or Rail Tank Cars requiring repairs, unless Customer has retained Provider to perform such repairs. In the event Customer does not have readily available at or near the Mentor System applicable Plant a spare part needed to repair a train and/or rail tank carTrain or Rail Tank Car, as applicable, then in addition to other remedies to which Provider may be entitled, Provider may bad order the applicable rail tank carRail Tank Car. (d) Customer shall use reasonable efforts to arrange rail transportation for all applicable Customer Product NGLs Nominated to the Rail Car Loading Points (or expected to be so Nominated by Customer) pursuant to this Agreement at such times and at such rates that are substantially even and coordinated with its Tendering of Customer Gas at the Receipt Points and Nominations applicable thereto for delivery of such Customer NGLs to the Rail Car Loading Points and otherwise in a manner that prevents Bunching. CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED BY MEANS OF MARKING SUCH PORTIONS WITH BRACKETS (“[***]”) BECAUSE THE IDENTIFIED CONFIDENTIAL PORTIONS (I) ARE NOT MATERIAL AND (II) IS THE TYPE OF INFORMATION THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. (e) Provider shall use its commercially reasonable efforts to schedule the Transloading Loading Services of Customer NGLs Nominated to the Rail Car Loading Points pursuant to this Agreement consistent with the applicable Nominations of Customer. TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**).

Appears in 1 contract

Samples: Gas Processing and Fractionation Agreement (Hess Midstream LP)

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