Common use of TRMC’s Right To Cure Clause in Contracts

TRMC’s Right To Cure. If at any time after the occurrence of (x) a Partnership Change of Control or (y) a sale of the Refinery, TLO either (i) refuses or fails to meet with TRMC within the period set forth in Section 7(b), (ii) fails to agree to perform a Capacity Resolution in accordance with the standards set forth in Section 7(b), or (iii) fails to perform its obligations in compliance with the terms of a Capacity Resolution, TRMC may, as its sole remedy for any breach by TLO of any of its obligations under Section 7(b), require TLO to complete a Restoration of the affected Pipeline or Tank, and the Storage Services Fee shall be reduced, as described in Section 7(b) above, to account for the reduced Operating Capacity available for TRMC’s use until such Restoration is completed. Any such Restoration required under this Section 7(c) shall be completed by TLO at TRMC’s cost. TLO shall use commercially reasonable efforts to continue to provide storage and throughput of TRMC’s Products at the affected Tank or Pipeline while such Restoration is being completed. Any work performed by TLO pursuant to this Section 7(c) shall be performed and completed in a good and workmanlike manner consistent with applicable pipeline industry standards and in accordance with Applicable Law. Additionally, during such period after the occurrence of (x) a Partnership Change of Control or (y) a sale of the Refinery, TRMC may exercise any remedies available to it under this Agreement or any Terminal Service Order (other than termination), including the right to immediately seek temporary and permanent injunctive relief for specific performance by TLO of the applicable provisions of this Agreement or any Terminal Service Order, including, without limitation, the obligation to make Restorations as described herein.

TRMC’s Right To Cure. If at any time after the occurrence of (x) a Partnership Change of Control or (y) a sale of the Refinery, TLO either (i) refuses or fails to meet with TRMC within the period set forth in Section 7(b6(d), (ii) fails to agree to perform a Capacity Resolution in accordance with the standards set forth in Section 7(b6(d), or (iii) fails to perform its obligations in compliance with the terms of a Capacity Resolution, TRMC may, as its sole remedy for any breach by TLO of any of its obligations under Section 7(b6(d), require TLO to complete a Restoration of the affected Pipeline or Tank, and the Storage Services and Transportation Fee shall be reduced, as described in Section 7(b) above, reduced to account for the reduced Operating Capacity available for TRMC’s use until such Restoration is completed. Any such Restoration required under this Section 7(c6(e) shall be completed by TLO at TRMC’s cost. TLO shall use commercially reasonable efforts to continue to provide storage and throughput of TRMC’s Products at the affected Tank or Pipeline while such Restoration is being completed. Any work performed by TLO pursuant to this Section 7(c6(e) shall be performed and completed in a good and workmanlike manner consistent with applicable pipeline industry standards and in accordance with Applicable Lawall applicable laws, rules and/or regulations. Additionally, during such period after the occurrence of (x) a Partnership Change of Control or (y) a sale of the Refinery, TRMC may exercise any remedies available to it under this Agreement or any Terminal Service Order (other than termination), including the right to immediately seek temporary and permanent injunctive relief for specific performance by TLO of the applicable provisions of this Agreement or any Terminal Service OrderAgreement, including, without limitation, the obligation to make Restorations as described herein.

TRMC’s Right To Cure. If at any time after the occurrence of a (x) a Partnership Change of Control or (y) a sale of the Mandan Refinery, TLO THPP either (i) refuses or fails to meet with TRMC within the period set forth in Section 7(b13(c), (ii) fails to agree to perform a Capacity Resolution in accordance with the standards set forth in Section 7(b), 13(c) or (iii) fails to perform its obligations in compliance with the terms of a Capacity Resolution, TRMC may, as its sole remedy for any breach by TLO THPP of any of its obligations under Section 7(b13(c), require TLO THPP to complete a Restoration of the affected portion of the Pipeline or Tank, and the Storage Services Fee shall be reduced, as described in Section 7(b) above, to account for the reduced Operating Capacity available for TRMC’s use until such Restoration is completedSystem. Any such Restoration required under this Section 7(c13(d) shall be completed by TLO THPP at TRMC’s cost. TLO THPP shall use commercially reasonable efforts to continue to provide storage and throughput transportation of TRMC’s Products at crude petroleum tendered by TRMC under the affected Tank or Pipeline applicable tariffs while such Restoration is being completed. Any work performed by TLO THPP pursuant to this Section 7(c13(d) shall be performed and completed in a good and workmanlike manner consistent with applicable pipeline industry standards and in accordance with Applicable Lawall applicable laws, rules and/or regulations. Additionally, during such period after the occurrence of (x) a Partnership Change of Control or (y) a sale of the Mandan Refinery, TRMC may exercise any remedies available to it under this Agreement or any Terminal Service Order (other than termination), including the right to immediately seek temporary and permanent injunctive relief for specific performance by TLO THPP of the applicable provisions of this Agreement or any Terminal Service OrderAgreement, including, without limitation, the obligation to make Restorations as described herein.

TRMC’s Right To Cure. If at any time after the occurrence of (x) a Partnership Change of Control or (y) a sale of the Refinery, TLO either (i) refuses or fails to meet with TRMC within the period set forth in Section 7(b6(e), (ii) fails to agree to perform a Capacity Resolution in accordance with the standards set forth in Section 7(b6(e), or (iii) fails to perform its obligations in compliance with the terms of a Capacity Resolution, TRMC may, as its sole remedy for any breach by TLO of any of its obligations under Section 7(b6(e), require TLO to complete a Restoration of the affected Pipeline or TankAmorco Asset, and the Storage Services Throughput and Tankage Fee shall be reduced, as described in Section 7(b) above, reduced to account for the reduced Operating Capacity available for TRMC’s use until such Restoration is completed. Any such Restoration required under this Section 7(c6(f) shall be completed by TLO at TRMC’s 's cost. TLO shall use commercially reasonable efforts to continue to provide storage and \36164683.6 throughput of TRMC’s 's Products at the affected Tank or Pipeline Amorco Asset while such Restoration is being completed. Any work performed by TLO pursuant to this Section 7(c6(f) shall be performed and completed in a good and workmanlike manner consistent with applicable pipeline industry standards and in accordance with Applicable Lawall applicable laws, rules and/or regulations. Additionally, during such period after the occurrence of (x) a Partnership Change of Control or (y) a sale of the Refinery, TRMC may exercise any remedies available to it under this Agreement or any Terminal Service Order (other than termination), including the right to immediately seek temporary and permanent injunctive relief for specific performance by TLO of the applicable provisions of this Agreement or any Terminal Service OrderAgreement, including, without limitation, the obligation to make Restorations as described herein.

TRMC’s Right To Cure. If at any time after the occurrence of (x) a Partnership Change of Control or (y) a sale of the Refinery, TLO either (i) refuses or fails to meet with TRMC within the period set forth in Section 7(b6(e), (ii) fails to agree to perform a Capacity Resolution in accordance with the standards set forth in Section 7(b6(e), or (iii) fails to perform its obligations in compliance with the terms of a Capacity Resolution, TRMC may, as its sole remedy for any breach by TLO of any of its obligations under Section 7(b6(e), require TLO to complete a Restoration of the affected Pipeline or TankAmorco Asset, and the Storage Services Throughput and Tankage Fee shall be reduced, as described in Section 7(b) above, reduced to account for the reduced Operating Capacity available for TRMC’s use until such Restoration is completed. Any such Restoration required under this Section 7(c6(f) shall be completed by TLO at TRMC’s 's cost. TLO shall use commercially reasonable efforts to continue to provide storage and 9 \36164683.6 throughput of TRMC’s 's Products at the affected Tank or Pipeline Amorco Asset while such Restoration is being completed. Any work performed by TLO pursuant to this Section 7(c6(f) shall be performed and completed in a good and workmanlike manner consistent with applicable pipeline industry standards and in accordance with Applicable Lawall applicable laws, rules and/or regulations. Additionally, during such period after the occurrence of (x) a Partnership Change of Control or (y) a sale of the Refinery, TRMC may exercise any remedies available to it under this Agreement or any Terminal Service Order (other than termination), including the right to immediately seek temporary and permanent injunctive relief for specific performance by TLO of the applicable provisions of this Agreement or any Terminal Service OrderAgreement, including, without limitation, the obligation to make Restorations as described herein. 7.