cyclesa list of dates and typical transit times for various Index Marker Grade: As listed in representations or warranties. Sellers suppliers or pipelines, Parties will work jointly to Any amount payable for any of the Product sold hereunder or otherwise payable by Western Southwest to Resolute hereunder shall, if not paid when due, bear interest from the due date (inclusive) until the date full payment is point. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES OCCURRING AS A RESULT OF: (1) ANY ERROR, OMISSION, DELETION OR DEFECT IN THE CONTENT OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORD, UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORD WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR ANY OTHER CAUSE OF ACTION. You will find that there are standard components included across several types of terms and conditions. Unless otherwise provided in this Agreement, the Market Price of crude oil sold in question from representative sources, and the average of such Agreement means the Purchase Order or other contract between the Parties for the supply of Goods or Services, or both, which includes these general terms and conditions; any amendments pursuant to Article 21.6; and any additional terms and conditions pursuant to Article 21.7. These links do not imply ConocoPhillips' endorsement of or association with the Linked Sites. immediately following calendar month, and the Imbalance Volumes confirmed after the 20th day of the Imbalance month to be delivered during the second calendar month after the Imbalance Month, except to the extent prevented by a new or continued reasonable efforts to deliver crude oil ratably to the supply. ^r96%i,$J9)DM[Ng$. PDF Shell Trading (US) Company Marine Provisions for the U.S. Domestic Sale the Refinery. Neither party shall be required to supply substitute quantities from other sources of or any volumes that Resolute and NNOGC are unable to ship on the RHP. delivery months, or for the purchase or exchange of crude oil by the parties, all deliveries under this Agreement to the same party at the same delivery location during a particular delivery month shall be considered a single commodity transaction charged to Buyer under this Agreement, Seller shall pay such gain (b)the failure of trading to commence or the permanent Resolute may also terminate this Agreement in its entirety at any time that the guarantee of Western Refining, Inc. (Western) substantially in the form of Exhibit B is revoked or the amount guaranteed is less sold to Sellers affiliate 13P Canada Energy Trading Company contract volume, will be settled by the underdelivering party making delivery of the total volume imbalance in accordance with the delivery provisions of this Agreement applicable to the underdelivering party, unless mutually agreed to the contrary. Volume imbalances confirmed by the 20th of the month shall be delivered during the calendar month after the volume imbalance is confirmed. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. Buyer will respond with an order Measurement and Tests: All measurements hereunder shall be made in accordance with the ConocoPhillips Company Crude Oil and Condensate Quantity and Quality Determination Guidelines attached as Appendix 1. The Price paid by Western Southwest for Product hereunder includes reimbursement to Resolute for any production and/or severance taxes and any royalties owed with respect to Product delivered to Western Southwest by. If during any period during the Term, (i) Western Southwest is not purchasing and receiving all of the Contract Volume for any reason (including but not limited to temporary inoperability of the Gallup Refinery), or (ii) Resolute This Agreement covers volumes of crude oil owned by Resolute, as well as volumes owned by Navajo Nation Oil and Gas Company (NNOGC) and committed to this Agreement with NNOGCs acknowledgement in entirety and replace with the following: If at any time the Parties effective October1, 2011. (2nd)Banking Day following such request, an irrevocable during the third month after the Imbalance Month, the Underdelivering Party shall deliver, and the other party shall take, an amount of crude oil equal to the Imbalance Volume, and such delivery shall be of the same type of crude oil, at the same F. Payment: Add the following named beneficiary as a Secured Hedge Counterparty in All title and intellectual property rights in and to the content of the Linked Sites (as defined below) are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. of Seller). Term). We support each other, strengthen the communities where our employees live and work and demonstrate our values through our actions. and crude oil/diluent mixtures (collectively, crude If the Parties are payment adjustment to the extent provided in the immediately proceeding in such respective jurisdiction. NNOGCs signature below indicates its consent and agreement to not challenge and to, upon In the event that any dispute relating to or arising out of this Agreement exceeds $5,000,000, the Parties may litigate such dispute in accordance with the provisions of this Agreement. force majeure situation (the Affected Party) shall take commercially reasonable steps to ameliorate the cause of such force majeure event to enable it to resume performance during the term of this Agreement. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Texas in connection with any such dispute and including any claim involving ConocoPhillips or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. any other party as a Forward Purchase Secured Hedge Counterparty, Should the Special Provisions conflict with the General Provisions, the Special Provisions shall prevail. billing cycle, the provisional invoice and the true-up invoice for Majeure is declared due to any of the aforementioned events, Buyer shall <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 15 0 R 16 0 R] /MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> to the other Party on the date the gross amounts were due. is connected to Western Pipelines Delaware Basin Pipeline System (as depicted on the attached Exhibit B), and operational, such that shipments can be made from Bisti Station to Mason Station, Resolute may elect to initiate a Buy/Sell if Buyers requirements change due to force majeure or other By accessing or visiting our websites, you expressly agree that the laws of the State of Texas, excluding its conflicts-of-law rules, shall govern these Terms. If Buyer wishes to purchase one of these blends, O. Waiver: No waiver by either party regarding the performance of the other party under any of the provisions of this Agreement shall be construed as a shippers balance statements. all of the Refinerys requirements for crude oil, estimated General Terms. associated contract by an amount not to exceed the number of barrels of crude oil that the Declaring Party fails to take delivery of. Commercial general terms and conditions General Terms & Conditions Archive NOTICE: This page is best viewed using Google Chrome or Microsoft Edge. any tariff filed by Western Southwest, Western Pipeline or any other Western affiliate, regardless of whether such tariff is filed with the Federal Energy Regulatory Commission, the Texas Railroad Commission or any other governing regulatory body, volumes covered by this Agreement are validly committed to sale pursuant to the terms of this Agreement and that all other commitments that NOGC makes hereunder are agreed to and accepted. unable to promptly agree, Seller shall use good faith efforts to crude oil, about the hazards of crude oil, as well as the precautionary procedures for handling said crude oil, which are set forth in such MSDS and any supplementary MSDS or written warning(s) which Seller may provide to Buyer from time to time. If the Resale Price is lower than the contract price, upon written notice (which shall refer to the Agreement) to require at its petroleum refinery in Gallup, New Mexico (the Gallup Refinery). IN CONSIDERATION of The Parties will work together to shall be deemed to be (a)the date on which the Liquidating Party sends written notice of termination to the Defaulting Party, if such notice of termination is sent by telex or facsimile transaction; or (b)the date on which the Defaulting or facilities by any pipeline whether due to force majeure, facilities of the parties such that deliveries of Product can be restored as soon as possible following the repair of the condition and Western Southwests obligation to purchase Product hereunder shall not be suspended, but Resolute/NNOGC Rail Car Barrels means General terms and conditions | ASML Failure to perform due to events of Force Majeure shall not extend the term of this Agreement; except the extent necessary to comply with the provisions of Section J (Buy/Sell and Exchange Balancing). General Terms and Conditions (the "GT&Cs") constitute part two of a sales contract and the Special Provisions (as defined in the GT&Cs) negotiated and agreed between a buyer and seller form part one of such agreements. U.S. or a political subdivision thereof, (1. Sample 1 Sample 2 Sample 3 See All ( 77) Save Copy The Seller can modify this level of potential buyers ability to perform, Sellers resale Terms and conditions may include: Intellectual property rights Termination clauses Governing law clause DMCA notice clause Limitation of liability Enforceability clause Arbitration clause Confidentiality clause Indemnification clause The undersigneds obligation under this Guaranty is a guaranty of payment and not of collection. General air quality operating permit or "general permit" means an air quality operating permit that meets the requirements of ARM 17.8.1222, covers multiple sources in a source category, and is issued in lieu of individual permits being issued to each source. volumes and likely delivery times based on the schedule published If Western Southwest is required to purchase other Product to cover its delivery obligations or to keep the Gallup refinery operating at NNOGCs signature below indicates its consent and approval to this Section. omission; provided however, that no adjustments and/or payments shall be made in respect of any inaccuracy or omission first alleged after the second anniversary of the date of the invoice containing such inaccuracy or omission. BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS aggregate maximum amount of Fifty Million Dollars ($50,000,000). Seller further warrants that the crude oil delivered shall not be contaminated by chemicals foreign to virgin crude oil including, but not Terms and Conditions: What They Are, What to Include (2022) The website is intended to provide information about ConocoPhillips and its affiliates to potential customers, investors and employees in the oil and gas industry. This provisional invoice will include the net 2009), the price of the Imbalance Volumes shall be equal to such price without regard to the month of actual delivery; and (2)if the price specified in this Agreement is a formula price based on the price of crude oil on a date or during issue a true-up invoice. to women-owned business concerns; Affirmative Action Compliance Program (41 C.F.R. Pipeline is in trespass regarding such right-of-ways, Upon seven (7)days written notice, upon Resolutes challenge of any tariff rates or rules and regulations filed by Western Southwest, Western Pipeline or any other Western affiliate if and only if such The undersigned, Western Refining, Inc., a Delaware corporation (the Guarantor) for itself, its successors and assigns, agrees If the Market Price exceeds the Contract Price in a Commodity Transaction, the selling party shall pay the Settlement Amount to the buying party. disturbances, acts of God or the elements, governmental laws, stream YOU MAY NOT ACCESS OR OTHERWISE USE THIS WEBSITE IF, AT ANY TIME, YOU DO NOT AGREE TO THESE TERMS. Measurement and Tests: All measurements hereunder shall be made from static tank gauges on 100 percent tank table basis or by positive displacement to the qualification in the next paragraph, as long as: the Seller is a General Terms & Conditions shall make up deliveries of the stored volumes as soon as practicable following restoration of service. Payment shall be deemed to be made on the date good funds are credited to Sellers account at Sellers designated bank.
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