Firm Shipper definition
Examples of Firm Shipper in a sentence
Firm Shipper Coal shall be entitled to service with the highest available priority call on capacity of all or any relevant portion of the Terminal, which is not subject to interruption or curtailment except as a result of force majeure (such service, “Priority Service”).
Shipper shall pay Owner each month in accordance with the terms of this Agreement for Terminal Services provided by Owner an amount equal to the product of (a) the Firm Shipper Coal, stated in tons, delivered by Shipper at the Receipt Point during such month multiplied by (b) $4.00 per net ton (the “Terminal Fee”), and, if applicable, all Additional Storage Fees, Coal Re-Handling Fees and Vessel Fees incurred during such month.
Without the written consent of Shipper, which consent may be withheld in Shipper’s sole discretion, Owner will not provide Priority Service with respect to any coal other than Firm Shipper Coal and coal received under the Xcoal Agreement.
If Monarch receives a request from a single Dedicated Firm Shipper, and such request would result in Monarch exceeding the Ninety Percent Cap, Monarch will allocate the requested volume to the single Dedicated Firm Shipper up to the level that reaches the Ninety Percent Cap.
After the first five (5) years of the Primary Term, if capacity is available, a Dedicated Firm Shipper will be permitted to adjust its Committed Volume upward based upon 120% of Shipper’s deliveries of Barrels of Crude Oil to the System averaged for the immediate prior calendar year, provided that the aggregate Committed Volumes of Committed Shippers cannot exceed ninety percent (90%) of the normal operating capacity of the Pipeline (“Ninety Percent Cap”).
If there is additional available capacity, Dedicated Firm Shipper may also ship nominated excess volumes accepted by Carrier.
A Dedicated Firm Shipper Agreement or Non-Dedicated Shipper Agreement, as applicable.
If Monarch receives simultaneous upward adjustment requests from two or more Dedicated Firm Shippers, and such requests would result in Carrier exceeding the Ninety Percent Cap, Monarch will allocate such upward adjustment volume requests pro rata to each of the Dedicated Firm Shippers in accordance with the increased volume each such Dedicated Firm Shipper elects to adjust, not to exceed the Ninety Percent Cap in aggregate.
A Shipper that is not a Dedicated Firm Shipper is a “Non-Dedicated Shipper,” if that Shipper enters a “Non-Dedicated Shipper Agreement” with Carrier to tender Shipper’s Crude Oil at Carrier’s CRP(s) for transport to the Delivery Point(s), subject to Gathering System availability and compliance with the other terms and conditions of this Tariff.
Shipper’s Crude Oil subject to Shipper’s Dedication shall be delivered by Shipper to Carrier and/or its Affiliates either at the CRPs or at the LUFs where Carrier and/or its Affiliates will receive Shipper’s Crude Oil for its transportation in accordance with the Dedicated Firm Shipper Agreement.