Common use of Delivery and Withdrawal of the Crude Oil Clause in Contracts

Delivery and Withdrawal of the Crude Oil. (a) The Sender shall have the obligation to deliver to Cenit, at the Point of Entry, the number of Barrels established in the Transportation Program for the relevant Month of Operation. (b) Cenit may abstain, and such abstention will not mean any responsibility whatsoever on Cenit’s part, from receiving the Crude Oil owned by the Sender when: (i) the Crude Oil does not meet the Quality Specifications set forth in Annex C to this Agreement; (ii) the Crude Oil is not included in the respective Scheduled Capacity of the relevant Transportation Program according to the ranges established in this Contract and the Transporter’s Manual; and (iii) there are no agreements of the Sender in force entered into by the Sender does not have the facilities or the services that allow the delivery of the Crude Oil at the Exit Point or its transfer to another transportation, export, storage or disposal system. (c) Cenit commits to make available to the Sender at the Exit Point, according to the Transportation Program, the equivalent of the Crude Oil that Cenit would have received from the Sender at the point of entry: (i) adjusted according to the procedure for Volumetric Compensation by Quality established in the Transporter’s Manual, less (ii) any reduction in weight or volume due to Non – Identifiable Losses, as determined by the Transporter’s Manual; or (iii) reduction or loss of Crude Oil derived from the occurrence of any Justified Event that prevents Cenit from making available to the Sender all the Crude Oil received. (d) The Sender commits to receive and to withdraw the Crude Oil, directly or through a person empowered to do so, at the Exit Point, as determined in the Transportation Program of the relevant Month of Operations, according to the provisions of this Agreement. In the event that the Sender empowers a third party to receive or withdraw the Crude Oil to be delivered by Cenit, it must take all necessary measures to that person receives the Crude Oil according to the provisions of this Agreement, and in all cases the Sender will be responsible for the removal of the Crude Oil, as well as of the compliance with all the obligations and duties established in this Agreement. In case that the Sender or the third party designated to do so do not remove Crude Oil at the Exit Point, the provisions established in the Transporter’s Manual will apply. (e) Before the Nomination, and for the purposes of withdrawing the Crude Oil, the Sender must enter into Agreements with other transporters or with port operators, as it may be required, to ensure the delivery of the Crude Oils at the Exit Point without affecting the operation of the Pipeline. For these purposes, at Cenit’s discretion, the Sender must evidence the contracted capacity for the evacuation or handling of the Crude Oil, through any of the pipelines or ports after the Pipeline’s Exit Point which allows it to evacuate the Crude Oil, including, and if such is the case, the contracted capacity of evacuation of the recipient that it has named.