Common use of CHANGES IN QUALITY AND SEGREGATION Clause in Contracts

CHANGES IN QUALITY AND SEGREGATION. (a) The Carrier shall endeavour to deliver substantially the same type of Refined Petroleum Products as that received from a Shipper, however the Carrier shall not be obligated to make delivery of the identical Refined Petroleum Products received by the Carrier. (b) If Refined Petroleum Products tendered to the Carrier are of a kind or quality that is not currently being transported by the Carrier, then the Carrier shall, at the request of the Shipper of such Refined Petroleum Products and subject to the operating conditions of the facilities of the Carrier, endeavour to segregate such Refined Petroleum Products during transportation by the Carrier. In such circumstances, the Shipper shall, at the request of the Carrier, make such Refined Petroleum Products available in such quantities and at such times as may be necessary to permit such segregated movements. (c) Subject to paragraph (a) of Rule 13 of this tariff, the Carrier shall not be liable for any damage, loss or consequential loss resulting from a change in the density or other quality of a Shipper’s Refined Petroleum Products as a result of the Carrier’s transportation of such Refined Petroleum Products, including without limitation the mixing of Refined Petroleum Products with other Petroleum in the facilities of the Carrier.

Appears in 2 contracts

Samples: International Joint Tariff Agreement, International Joint Tariff Agreement (Enbridge Energy Partners Lp)

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CHANGES IN QUALITY AND SEGREGATION. (a) a. The Carrier shall endeavour to deliver substantially the same type of Refined Crude Petroleum Products as that received from a Shipper, however the Carrier shall not be obligated to make delivery of the identical Refined Crude Petroleum Products received by the Carrier. (b) b. If Refined Crude Petroleum Products tendered Tendered to the Carrier are is of a kind or quality that is not currently being transported by the Carrier, then the Carrier shall, at the request of the Shipper of such Refined Crude Petroleum Products and subject to the operating conditions of the facilities of the Carrier, endeavour to segregate such Refined Crude Petroleum Products during transportation by the Carrier. In such circumstances, the Shipper shall, at the request of the Carrier, make such Refined Crude Petroleum Products available in such quantities and at such times as may be necessary to permit such segregated movements. (c) c. Subject to paragraph (a) of Rule 13 12 of this tariff, the Carrier shall not be liable for any damage, loss or consequential loss resulting from a change in the density Density or other quality of a Shipper’s Refined 's Crude Petroleum Products as a result of the Carrier’s 's transportation of such Refined Petroleum ProductsCrude Petroleum, including without limitation the mixing of Refined Crude Petroleum Products with other Petroleum petroleum in the facilities of the Carrier.

Appears in 1 contract

Samples: Transportation Services Agreement

CHANGES IN QUALITY AND SEGREGATION. (a) a. The Carrier shall endeavour to deliver substantially the same type of Refined Crude Petroleum Products as that received from a Shipper, however the Carrier shall not be obligated to make delivery of the identical Refined Crude Petroleum Products received by the Carrier. (b) b. If Refined Crude Petroleum Products tendered to the Carrier are is of a kind or quality that is not currently being transported by the Carrier, then the Carrier shall, at the request of the Shipper of such Refined Crude Petroleum Products and subject to the operating conditions of the facilities of the Carrier, endeavour to segregate such Refined Crude Petroleum Products during transportation by the Carrier. In such circumstances, the Shipper shall, at the request of the Carrier, make such Refined Crude Petroleum Products available in such quantities and at such times as may be necessary to permit such segregated movements. (c) c. Subject to paragraph (a) of Rule 13 12 of this tariff, the Carrier shall not be liable for any damage, loss or consequential loss resulting from a change in the density or other quality of a Shipper’s Refined Crude Petroleum Products as a result of the Carrier’s transportation of such Refined Petroleum ProductsCrude Petroleum, including without limitation the mixing of Refined Crude Petroleum Products with other Petroleum in the facilities of the Carrier.

Appears in 1 contract

Samples: International Joint Tariff Agreement (Enbridge Energy Partners Lp)

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CHANGES IN QUALITY AND SEGREGATION. (a) The Carrier shall endeavour endeavor to deliver substantially the same type of Refined Crude Petroleum Products as that received from a Shipper, however the Carrier shall not be obligated to make delivery of the identical Refined Crude Petroleum Products received by the Carrier. (b) If Refined Crude Petroleum Products tendered to the Carrier are is of a kind or quality that is not currently being transported by the Carrier, then the Carrier shall, at the request of the Shipper of such Refined Crude Petroleum Products and subject to the operating conditions of the facilities of the Carrier, endeavour endeavor to segregate such Refined Crude Petroleum Products during transportation by the Carrier. In such circumstances, the Shipper shall, at the request of the Carrier, make such Refined Crude Petroleum Products available in such quantities and at such times as may be necessary to permit such segregated movements. (c) Subject to paragraph (a) of Rule 13 12 of this tariff, the Carrier shall not be liable for any damage, loss or consequential loss resulting from a change in the density or other quality of a Shipper’s Refined Crude Petroleum Products as a result of the Carrier’s transportation of such Refined Petroleum ProductsCrude Petroleum, including without limitation the mixing of Refined Crude Petroleum Products with other Petroleum in the facilities of the Carrier.

Appears in 1 contract

Samples: International Joint Tariff Agreement (Enbridge Energy Partners Lp)

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