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<br />DES:djg-c <br />ŒS: dj g-c <br />DES;djg-c <br />DES:djg-c <br />DES:djg-c <br /> <br />11/23/82 <br />02/15í83R <br />07/29/83R <br />11/20/83R <br />l2/08/83R <br /> <br />the aggregate of payments of actual volume-based tariff charges <br />made prior to that time during the year equal the aggregate amount <br /> <br />of the Minimum Annual Guaranteed Tariff for the year, Lessee's <br /> <br />obligation to pay any further installments of the Minimum Annual <br /> <br />Guaranteed Tariff during such year shall cease. <br /> <br />Lessor and Lessee acknowledge that Lessee's obligation under <br /> <br />this paragraph 4(b) shall only be to pay the Minimum Annual <br /> <br />Guaranteed Tariff, and that nothing herein contained shall be <br /> <br />deemed to require Lessee actually to ship any specific volume of <br /> <br />cargo during any twelve-calendar month period. <br /> <br />Futhermore, Lessee <br /> <br />shall not be liable for any payment of the Minimum Annual <br /> <br />Guaranteed Tariff to the extent that Lessee fails to ship a minimum <br /> <br />of 750,000 barrels of petroleum products into the Port of Redwood <br /> <br />City during any twelve-calendar month period and such failure is a <br /> <br />direct or indirect result of the inability to use Lessor's port <br /> <br />terminal facilities from any of the following causes: acts of God, <br /> <br />earthquake, flood, fire, or other events of destruction of Lessor's <br /> <br />port terminal facilities not occasioned by the negligence of <br /> <br />Lessee, insurrection, riot, strikes, lockouts, boycotts, picketing, <br /> <br />labor disturbances, war (declared or undeclared), or other similar <br /> <br />events reasonably beyond Lessee's control. <br /> <br />(c) <br /> <br />Adjustments. <br /> <br />At the commencement of the second or any <br /> <br />subsequent Rental Period, Lessor may request a change in the <br /> <br />minimum volume specified in paragraph 4(b). <br /> <br />Upon receipt <br /> <br />8 <br /> <br />'"",,'--'~'-y-""""""" <br />