Common use of Buyer Restrictions and Rights Clause in Contracts

Buyer Restrictions and Rights. Nothing herein shall restrict Buyer’s right and ability to operate the Refinery, including the Storage Facilities, provided, however, that: (i) Except as expressly provided for in Clause 7(e) of this Agreement, Buyer shall not cause or permit any Oil and Indigenous Feedstock to be withdrawn from the Storage Facilities without the prior written consent of Seller. (ii) Buyer will not commingle any crude oil or Feedstocks with Seller’s Oil and Indigenous Feedstock without the prior written consent of Seller. (iii) With respect to a request by Buyer to add any storage tanks to the Storage Facilities pursuant to Clause 5(d) below, such request by Buyer shall be deemed to constitute a representation from Buyer that such additional storage tank(s) are (i) owned in fee by Buyer, (ii) are free and clear of any Liens other than those expressly permitted pursuant to the terms of the Intercreditor Agreements, and (iii) in full compliance with all of the applicable covenants and obligations set out herein.

Buyer Restrictions and Rights. Nothing herein shall restrict Buyer’s right and ability to operate the Refinery, including the Storage Facilities, provided, however, that: (i) Except as expressly provided for in Clause 7(e) of this Agreement, Buyer shall not cause or permit any Oil and Indigenous Feedstock to be withdrawn from the Storage Facilities without the prior written consent of Seller. (ii) Buyer will not commingle any crude oil or Feedstocks with Seller’s Oil and Indigenous Feedstock without the prior written consent of Seller. (iii) With respect to a request by Buyer to add any storage tanks to the Storage Facilities pursuant to Clause 5(d) below, such request by Buyer shall be deemed to constitute a representation from Buyer that such additional storage tank(s) are (i) owned in fee by Buyer, (ii) are free and clear of any Liens other than those expressly permitted pursuant to the terms of the Intercreditor Agreements, and (iii) in full compliance with all of the applicable covenants and obligations set out herein.