Common use of Delivery Points Clause in Contracts

Delivery Points. (A) VMSC shall deliver Product(s) to Distributor at the terminal facilities (the “Delivery Point(s)”) designated by VMSC as described below. Product deliveries at the Delivery Point(s) shall be subject to such requirements of VMSC as may be amended from time to time in VMSC’s sole and absolute discretion prior to access to any such Delivery Point by Distributor or its carriers. Furthermore, where any Delivery Point is owned, leased, operated, or otherwise controlled in whole or in part by a third party, then Distributor, its employees, agents, representatives, contractors, and carriers shall comply with all access, use, and other requirements of any such third party relating to that Delivery Point. (B) Distributor will comply with all requirements pertaining to each applicable Delivery Point. Distributor shall be liable for all associated costs related to the purchase of Products from Delivery Points. [*.*] CONFIDENTIAL TREATMENT REQUESTED: INFORMATION FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED IS OMITTED AND IS NOTED WITH “[*.*].” AN UNREDACTED VERSION OF THIS DOCUMENT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. (C) With respect to each Station, Exhibit A contains a designated Primary Delivery Point and a Secondary Delivery Point. Distributor shall only supply Product(s) to a particular Station from the designated Primary Delivery Point unless allowed to utilize the Secondary Delivery Point under the next sentence. Distributor may supply Product to a Station from the designated Secondary Delivery Point only if, and for so long as, Product is physically unavailable at the Primary Delivery Point. VMSC reserves the right to change the Delivery Point(s) designated for any Station on Exhibit A in its sole discretion to alternate Delivery Point(s) on either a permanent or temporary basis. Any additional costs incurred by Distributor related to the purchase of Products from such alternate Delivery Points shall be for Distributor’s account. If VMSC notifies Distributor of a permanent change in a Primary Delivery Point utilized by Distributor and the alternate Primary Delivery Point is not reasonably acceptable to Distributor, then Distributor may, as its sole and exclusive remedy against VMSC, terminate this Agreement solely as this Agreement relates to the particular Station(s) authorized to be supplied from the discontinued Primary Delivery Point. In such event, the quantities set forth in Exhibit A with respect to these Stations shall be removed while the Agreement shall otherwise remain effective for all other purposes. However, this subparagraph shall not prejudice VMSC’s right to terminate this Agreement in the event of a marketing withdrawal encompassing any of the Delivery Point(s) and Station(s) supplied thereby pursuant to the Petroleum Marketing Practices Act, 15 U.S.C. Sec. 2801 et seq. (the “PMPA”). (D) The provisions of this Paragraph 5 shall be subject to the rights of VMSC set forth in Paragraphs 10, 11 and 12 of this Agreement.

Delivery Points. (A) VMSC shall deliver Product(s) Products to Distributor at the terminal facilities (the “Delivery Point(s)Points”) designated by VMSC from time to time as described below. Product deliveries at the Delivery Point(s) Points shall be subject to such requirements of VMSC as may be amended specified from time to time in VMSC’s sole and absolute discretion prior to access to any such Delivery Point by Distributor or its carriers. Furthermore, where any Delivery Point is owned, leased, operated, or otherwise controlled in whole or in part by a third party, then Distributor, its employees, agents, representatives, contractors, and carriers shall comply with all access, use, and other requirements of any such third party relating to that such Delivery Point. (B) Distributor will comply with all requirements pertaining to each applicable Delivery Point. , Distributor shall be liable for all associated costs related to the purchase or delivery of Products from any Delivery Points. [*.*] CONFIDENTIAL TREATMENT REQUESTED: INFORMATION FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED IS OMITTED AND IS NOTED WITH “[*.*].” AN UNREDACTED VERSION OF THIS DOCUMENT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSIONPoint. (CB) With respect to each Station, Exhibit A contains a designated Primary Delivery Point and a Secondary Delivery Point. Distributor shall only supply Product(s) Products to a particular Station from the designated Primary Delivery Point for that Station unless allowed authorized to utilize the Secondary Delivery Point under the next sentence. Distributor may supply a Product to a Station from the designated Secondary Delivery Point only if, and for so long as, the particular Product is physically unavailable at the Primary Delivery Point. VMSC reserves the right by notice to Distributor to change the Delivery Point(s) Points designated for any Station on Exhibit A in its VMSC’s sole and absolute discretion to alternate Delivery Point(s) Points on either a permanent or temporary basis. Any additional costs incurred by Distributor related to the purchase of Products from such alternate Delivery Points shall be for Distributor’s account. If VMSC notifies Distributor of a permanent change in a Primary Delivery Point utilized by Distributor and the alternate Primary Delivery Point is not reasonably acceptable to Distributor, then Distributor may, as its sole and exclusive remedy against VMSC, terminate this Agreement solely as this Agreement relates to the particular Station(s) Stations authorized to be supplied from the discontinued Primary Delivery Point. In such event, ; the quantities set forth in Exhibit A with respect to these such Stations shall be removed while the from this Agreement, but this Agreement shall otherwise remain effective for all other purposes. However, nothing in this subparagraph Paragraph 5(B) shall not prejudice VMSC’s right to terminate this Agreement in the event of a marketing market withdrawal encompassing any of the Delivery Point(s) Points and Station(s) Stations supplied thereby pursuant to the Petroleum Marketing Practices Act, 15 U.S.C. Sec. 2801 et seq. (the “PMPA”)., (DC) The provisions of this Paragraph 5 shall be subject to the rights of VMSC set forth in Paragraphs 107(O), 11 and 12 of this Agreement.

Delivery Points. (A) VMSC EVNEXUS shall deliver Product(sproducts to the Distributor/Dealer(s) to Distributor at the terminal facilities (the “Delivery Point(s)Points”) designated by VMSC EVNEXUS, from time to time, as the described belowaddress in the agreement. Product deliveries at the Delivery Point(s) Points shall be subject subjected to such requirements of VMSC EVNEXUS as may be amended specified from time to time time, in VMSC’s EVNEXUS sole and absolute discretion discretion, prior to access to any such Delivery Point by Distributor the Distributor/Dealer(s) or its carriers. Furthermore, where any Delivery Point is owned, leased, operated, or otherwise controlled in whole or in part by a third party, then Distributor/Dealer(s), its employees, agents, representatives, contractors, and carriers shall comply with all access, use, and other requirements of any such third party relating to that Delivery Point. (B) Distributor will comply with all requirements pertaining to each applicable such Delivery Point. Distributor The Distributor/Dealer(s) shall be liable for all associated costs related to the purchase or delivery of Products from Delivery PointsEVNEXUS at actual and sharing basis by other dealers. [*.*] CONFIDENTIAL TREATMENT REQUESTED: INFORMATION FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED IS OMITTED AND IS NOTED WITH “[*.*].” AN UNREDACTED VERSION OF THIS DOCUMENT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. (C) With respect to each Station, Exhibit A contains a designated Primary Delivery Point primary delivery point and a Secondary Delivery Pointsecondary delivery point. Distributor The Distributor/Dealer(s) shall only supply Product(s) products to a particular Station Station, from the designated Primary Delivery Point Point, for that Station, unless allowed authorized to utilize the Secondary Delivery Point under the next sentence. Distributor The Distributor/Dealer(s) may supply a Product to a Station Station, from the designated Secondary Delivery Point only if, and for so long as, the particular Product is physically unavailable at the Primary Delivery Point. VMSC EVNEXUS reserves the right right, by notify the Distributor/Dealer(s) to change the Delivery Point(s) Points designated for any Station on Exhibit A Station, in its EVNEXUS sole discretion and absolute discretion, to alternate Delivery Point(s) Points on either a permanent or temporary basis. Any additional costs incurred by Distributor Distributor/Dealer(s) related to the purchase of Products from such alternate Delivery Points shall be for borne by the Distributor’s account/Dealer(s). If VMSC EVNEXUS notifies Distributor a Distributor/Dealer(s) of a permanent change in a Primary Delivery Point Point, utilized by Distributor the Distributor/Dealer(s), and the alternate Primary Delivery Point is not reasonably acceptable to Distributor/Dealer(s), then Distributor Distributor/Dealer(s) may, as its sole and exclusive remedy against VMSCEVNEXUS, terminate this Agreement solely solely, as this Agreement relates to the particular Station(s) stations authorized to be supplied from the discontinued Primary Delivery Point. In such event, the quantities set forth in Exhibit A Exhibits with respect to these Stations such stations shall be removed while the from this Agreement, but this Agreement shall otherwise remain effective for all other purposes. However, nothing in this subparagraph section shall not prejudice VMSC’s EVNEXUS right to terminate this Agreement agreement in the event of a marketing withdrawal market withdrawal, encompassing any of the Delivery Point(s) Points and Station(s) supplied Stations supplied, thereby pursuant to the Petroleum Marketing Practices Act, 15 U.S.C. Sec. 2801 et seq. (the “PMPA”)market. (D) The provisions of this Paragraph 5 shall be subject to the rights of VMSC set forth in Paragraphs 10, 11 and 12 of this Agreement.

Delivery Points. (A) VMSC shall deliver Product(s) Products to Distributor at the terminal facilities (the “Delivery Point(s)Points”) designated by VMSC from time to time as described below. Product deliveries at the Delivery Point(s) Points shall be subject to such requirements of VMSC as may be amended specified from time to time in VMSC’s sole and absolute discretion prior to access to any such Delivery Point by Distributor or its carriers. Furthermore, where any Delivery Point is owned, leased, operated, or otherwise controlled in whole or in part by a third party, then Distributor, its employees, agents, representatives, contractors, and carriers shall comply with all access, use, and other requirements of any such third party relating to that Delivery Point. (B) Distributor will comply with all requirements pertaining to each applicable such Delivery Point. Distributor shall be liable for all associated costs related to the purchase or delivery of Products from any Delivery PointsPoint. [*.*] CONFIDENTIAL TREATMENT REQUESTED: INFORMATION FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED IS OMITTED Branded Distributor Marketing Agreement (Multi-Brand) Page 3 CST MARKETING AND IS NOTED WITH “[*.*].” AN UNREDACTED VERSION OF THIS DOCUMENT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.SUPPLY COMPANY rev. 03/12 (CB) With respect to each Station, Exhibit A contains a designated Primary Delivery Point and a Secondary Delivery Point. Distributor shall only supply Product(s) Products to a particular Station from the designated Primary Delivery Point for that Station unless allowed authorized to utilize the Secondary Delivery Point under the next sentence. Distributor may supply a Product to a Station from the designated Secondary Delivery Point only if, and for so long as, the particular Product is physically unavailable at the Primary Delivery Point. VMSC reserves the right by notice to Distributor to change the Delivery Point(s) Points designated for any Station on Exhibit A in its VMSC’s sole and absolute discretion to alternate Delivery Point(s) Points on either a permanent or temporary basis. Any additional costs incurred by Distributor related to the purchase of Products from such alternate Delivery Points shall be for Distributor’s account. If VMSC notifies Distributor of a permanent change in a Primary Delivery Point utilized by Distributor and the alternate Primary Delivery Point is not reasonably acceptable to Distributor, then Distributor may, as its sole and exclusive remedy against VMSC, terminate this Agreement solely as this Agreement relates to the particular Station(s) Stations authorized to be supplied from the discontinued Primary Delivery Point. In such event, the quantities set forth in Exhibit A with respect to these such Stations shall be removed while the from this Agreement, but this Agreement shall otherwise remain effective for all other purposes. However, nothing in this subparagraph Section 5(B) shall not prejudice VMSC’s right to terminate this Agreement in the event of a marketing market withdrawal encompassing any of the Delivery Point(s) Points and Station(s) Stations supplied thereby pursuant to the Petroleum Marketing Practices Act, 15 U.S.C. Sec. 2801 et seq. (the “PMPA”). (DC) The provisions of this Paragraph Section 5 shall be subject to the rights of VMSC set forth in Paragraphs 10Section 7(O), Section 11 and Section 12 of this Agreement.

Delivery Points. (A) VMSC shall deliver Product(s) Products to Distributor at the terminal facilities (the “Delivery Point(s)Points”) designated by VMSC from time to time as described below. Product deliveries at the Delivery Point(s) Points shall be subject to such requirements of VMSC as may be amended specified from time to time in VMSC’s sole and absolute discretion prior to access to any such Delivery Point by Distributor or its carriers. Furthermore, where any Delivery Point is owned, leased, operated, or otherwise controlled in whole or in part by a third party, then Distributor, its employees, agents, representatives, contractors, and carriers shall comply with all access, use, and other requirements of any such third party relating to that Delivery Point. (B) Distributor will comply with all requirements pertaining to each applicable such Delivery Point. Distributor shall be liable for all associated costs related to the purchase or delivery of Products from any Delivery PointsPoint. [*.*] CONFIDENTIAL TREATMENT REQUESTED: INFORMATION FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED IS OMITTED CST MARKETING AND IS NOTED WITH “[*.*].” AN UNREDACTED VERSION OF THIS DOCUMENT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.SUPPLY COMPANY rev. 03/12 (CB) With respect to each Station, Exhibit A contains a designated Primary Delivery Point and a Secondary Delivery Point. Distributor shall only supply Product(s) Products to a particular Station from the designated Primary Delivery Point for that Station unless allowed authorized to utilize the Secondary Delivery Point under the next sentence. Distributor may supply a Product to a Station from the designated Secondary Delivery Point only if, and for so long as, the particular Product is physically unavailable at the Primary Delivery Point. VMSC reserves the right by notice to Distributor to change the Delivery Point(s) Points designated for any Station on Exhibit A in its VMSC’s sole and absolute discretion to alternate Delivery Point(s) Points on either a permanent or temporary basis. Any additional costs incurred by Distributor related to the purchase of Products from such alternate Delivery Points shall be for Distributor’s account. If VMSC notifies Distributor of a permanent change in a Primary Delivery Point utilized by Distributor and the alternate Primary Delivery Point is not reasonably acceptable to Distributor, then Distributor may, as its sole and exclusive remedy against VMSC, terminate this Agreement solely as this Agreement relates to the particular Station(s) Stations authorized to be supplied from the discontinued Primary Delivery Point. In such event, the quantities set forth in Exhibit A with respect to these such Stations shall be removed while the from this Agreement, but this Agreement shall otherwise remain effective for all other purposes. However, nothing in this subparagraph Section 5(B) shall not prejudice VMSC’s right to terminate this Agreement in the event of a marketing market withdrawal encompassing any of the Delivery Point(s) Points and Station(s) Stations supplied thereby pursuant to the Petroleum Marketing Practices Act, 15 U.S.C. Sec. 2801 et seq. (the “PMPA”). (DC) The provisions of this Paragraph Section 5 shall be subject to the rights of VMSC set forth in Paragraphs 10Section 7(O), Section 11 and Section 12 of this Agreement.

Delivery Points. (A) VMSC shall deliver Product(s) Products to Distributor at the terminal facilities (the “Delivery Point(s)Points”) designated by VMSC from time to time as described below. Product deliveries at the Delivery Point(s) Points shall be subject to such requirements of VMSC as may be amended specified from time to time in VMSC’s sole and absolute discretion prior to access to any such Delivery Point by Distributor or its carriers. Furthermore, where any Delivery Point is owned, leased, operated, or otherwise controlled in whole or in part by a third party, then Distributor, its employees, agents, representatives, contractors, and carriers shall comply with all access, use, and other requirements of any such third party relating to that Delivery Point. (B) Distributor will comply with all requirements pertaining to each applicable such Delivery Point. Distributor shall be liable for all associated costs related to the purchase or delivery of Products from any Delivery Points. [*.*] CONFIDENTIAL TREATMENT REQUESTED: INFORMATION FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED IS OMITTED AND IS NOTED WITH “[*.*].” AN UNREDACTED VERSION OF THIS DOCUMENT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSIONPoint. (CB) With respect to each Station, Exhibit A contains a designated Primary Delivery Point and a Secondary Delivery Point. Distributor shall only supply Product(s) Products to a particular Station from the designated Primary Delivery Point for that Station unless allowed authorized to utilize the Secondary Delivery Point under the next sentence. Distributor may supply a Product to a Station from the designated Secondary Delivery Point only if, and for so long as, the particular Product is physically unavailable at the Primary Delivery Point. VMSC reserves the right by notice to Distributor to change the Delivery Point(s) Points designated for any Station on Exhibit A in its VMSC’s sole and absolute discretion to alternate Delivery Point(s) Points on either a permanent or temporary basis. Any additional costs incurred by Distributor related to the purchase of Products from such alternate Delivery Points shall be for Distributor’s account. If VMSC notifies Distributor of a permanent change in a Primary Delivery Point utilized by Distributor and the alternate Primary Delivery Point is not reasonably acceptable to Distributor, then Distributor may, as its sole and exclusive remedy against VMSC, terminate this Agreement solely as this Agreement relates to the particular Station(s) Stations authorized to be supplied from the discontinued Primary Delivery Point. In such event, the quantities set forth in Exhibit A with respect to these such Stations shall be removed while the from this Agreement, but this Agreement shall otherwise remain effective for all other purposes. However, nothing in this subparagraph Section 5(B) shall not prejudice VMSC’s right to terminate this Agreement in the event of a marketing market withdrawal encompassing any of the Delivery Point(s) Points and Station(s) Stations supplied thereby pursuant to the Petroleum Marketing Practices Act, 15 U.S.C. Sec. 2801 et seq. (the “PMPA”). (DC) The provisions of this Paragraph Section 5 shall be subject to the rights of VMSC set forth in Paragraphs 10Section 7(O), Section 11 and Section 12 of this Agreement.