Rail Minimum Commitment definition
Examples of Rail Minimum Commitment in a sentence
Customer commits to deliver and/or pay for the Rail Minimum Commitment on a Monthly basis during the Term.
Rail Shortfall Payments shall be equal to the amount determined by taking the difference between (i) the Rail Minimum Commitment multiplied by the Rail Loading Services Fee and (ii) the actual rail volumes throughput by Customer at the Anchorage Terminal multiplied by the Rail Loading Services Fee.
Following such re-evaluation, TLO shall advise Customer of TLO’s determination of whether TLO is still entitled to receive a credit against its Terminal Minimum Throughput Commitment and/or Rail Minimum Commitment, and if so what volumes should be so credited.
If during any Month during the Term, Customer loads or unloads aggregate rail volumes at the Anchorage Terminal greater than the Rail Minimum Commitment, then Customer shall pay TLO an amount equal to the fee determined by multiplying the actual rail volumes loaded or unloaded by Customer in excess of the Rail Minimum Commitment by the Rail Loading Services Fee (the “Excess Rail Amount”).
Customer shall deliver and/or pay for the Rail Minimum Commitment and Provider shall make available to Customer at all times rail loading and unloading capacity at such respective Terminal sufficient to allow Customer to throughput the Rail Reserved Capacity, subject to railroad scheduling procedures and the Operating Procedures for such respective Terminal.
At such time as TLO is capable of loading and unloading railcar volumes equal to the Rail Minimum Capacity, Customer’s obligation to meet the full Rail Minimum Commitment shall be restored.
For the duration of the Force Majeure Period, Customer shall be permitted to reduce its Terminal Minimum Throughput Commitment and/or Rail Minimum Commitment for the respective Terminal as provided in Section 28(b).
Customer may load and unload rail volumes in excess of the Rail Minimum Commitment, up to the then-available capacity of the Anchorage Terminal, net of any third-party commitments, as determined by TLO at any time, which allocation of any excess capacity shall be in accordance with current practices, or as otherwise may be set forth in a Terminal Service Order.
If the Parties agree on the amount of any such credits, then they shall execute a Terminal Service Order that shall establish the amount of the applicable credits, which shall be applied to as an offset against Customer’s Terminal Minimum Throughput Commitment and/or Rail Minimum Commitment for the periods while such credits remain in force.
Where applicable, at such time as Provider is capable of loading and unloading railcar volumes equal to the Rail Minimum Capacity, Customer’s obligation to meet the full Rail Minimum Commitment shall be restored.