Documentation Discrepancies Clause Samples
Documentation Discrepancies. If any dispute arises with a Third Party Supplier or Third Party Seller regarding the terms of any documentation to which ▇▇▇▇ is a party, ▇▇▇▇ in cooperation with the Company shall use commercially reasonable efforts to resolve such documentation discrepancy with such Third Party Supplier or Third Party Seller; provided that if such discrepancy has not been resolved within 5 Business Days after ▇▇▇▇ has commenced such efforts, then any time thereafter, upon request by ▇▇▇▇, the Company shall assume full responsibility for communicating with such Third Party Supplier or Third Party Seller and endeavoring to resolve such documentation discrepancy and, following such request, ▇▇▇▇ shall not be required to take any further action to resolve such documentation discrepancy not otherwise required by Section 5.9(b) and Section 5.9(c) and ▇▇▇▇ shall be fully entitled to rely on the terms in any contract that ▇▇▇▇ has executed notwithstanding any discrepancy with any other documentation unless and until a further amendment thereto is agreed by all parties. Without limiting the foregoing, the Company covenants and agrees that any costs, losses or damages that ▇▇▇▇ may incur directly as a result of such a documentation discrepancy (including any differences in the terms reflected in any Exchanged Confirmations) shall constitute Ancillary Costs and be for the account of the Company.
Documentation Discrepancies. If any dispute arises with a Third Party Supplier or Third Party Seller regarding the terms of any documentation to which ▇▇▇▇ is a party, ▇▇▇▇ in cooperation with the Company shall use commercially reasonable efforts to resolve such documentation discrepancy with such Third Party Supplier or Third Party Seller; provided that if such discrepancy has not been resolved within 5 Business Days after ▇▇▇▇ has commenced such efforts, then any time thereafter, upon request by ▇▇▇▇, the Company shall assume full responsibility for communicating with such Third Party Supplier or Third Party Seller and endeavoring to resolve such documentation discrepancy and, following such request, ▇▇▇▇ shall not be required to take any further action to resolve such documentation discrepancy not otherwise required by Section 5.9(b) and Section 5.9(c) and ▇▇▇▇ shall be fully entitled to rely on the terms in any contract that ▇▇▇▇ has executed notwithstanding any discrepancy with any other documentation unless and until a further amendment thereto is agreed by all parties. Without limiting the foregoing, the Company covenants and agrees that any costs, losses or damages that ▇▇▇▇ may incur directly as a result of such a documentation discrepancy (including any differences in the ny-1269340 terms reflected in any Exchanged Confirmations) shall constitute Ancillary Costs and be for the account of the Company.
(h) By inserting the following sentence at the end of Section 8.1(c)(i) of the S&O Agreement: With respect to any such confirmation issued by ▇▇▇▇ to the Company in connection with an Included Purchase Transaction with the Company, if ▇▇▇▇ does not receive from the Company either acceptance or notification of a bona fide error within five Business Days after receipt of such confirmation, then the Company shall be deemed to have accepted such confirmation, and such confirmation shall be effective and binding upon the Parties.
(i) By amending the fourth line of Section 8.1(c)(ii) of the S&O Agreement to delete the term “Refinery Purchase Contract” therefrom and insert “Refinery Product Contract” in its place.
(j) By amending the seventh and tenth lines of Section 8.1(d) of the S&O Agreement to delete the reference to “Crude Oil” in each line and insert “Product” in its place.
(k) By inserting a new subsection (f) at the end of Section 8.1 of the S&O Agreement, reading as follows: