Common use of Ethanol Blending Services Clause in Contracts

Ethanol Blending Services. (a) Where ethanol receiving, storage and blending facilities are available at a Terminal, and upon Tesoro’s request, at its sole discretion, TLO shall receive, store and blend ethanol into Tesoro’s gasoline at a Terminal (“Ethanol Services”). TLO shall provide and operate all equipment required for the Ethanol Services. The equipment shall consist of truck and/or rail unloading racks, tanks, pumps, motors, injectors, computer control, and any other ancillary equipment necessary for the providing of the Ethanol Services. (b) Tesoro shall be solely responsible for supplying inventories of ethanol at its own expense, including the scheduling and transporting of ethanol into the Terminals, subject to mutually agreeable notice and scheduling procedures. TLO shall receive Tesoro’s ethanol into fungible ethanol storage at the Terminal. (c) Tesoro shall provide, in writing, to each Terminals where Ethanol Services are requested by Tesoro, the desired blending ratio of ethanol to gasoline, including the minimum Octane (R+M/2) rating (“Blending Instructions”), for each grade of Tesoro’s gasoline Product, prior to blending. TLO shall not change the blending ratios without the prior written authorization of Tesoro. (d) TLO shall maintain for a minimum of five (5) years written or electronic records of the type and volume of oxygenate blended into Tesoro’s gasoline. (e) TLO shall maintain an industry standard quality assurance oversight program of the ethanol blending process. TLO shall provide Tesoro with an end-of-year report that, at a minimum, summarizes the volume of Tesoro’s gasoline received by TLO, the volume of oxygenate added to Tesoro’s gasoline, and total volume of blended gasoline. (f) TLO shall allow Tesoro or its agents to monitor the oxygenate blending operation by periodic audit, sampling, testing and/or records review to ensure the overall volumes and type of oxygenate blended into gasoline is consistent with the oxygenate claimed by Tesoro as required by 40 CFR 80.101(d)(4)(ii)(B)(2). (g) TLO shall rely on Blending Instructions and data provided by Tesoro in performing its obligations under this Agreement. Tesoro agrees to be solely responsible for all claims arising from TLO’s use of or reliance on these Blending Instructions and data. (h) When performing the Ethanol Services as per Tesoro’s Blending Instructions, TLO shall not certify to Tesoro or any third-party that blended gasoline does or shall meet ASTM D 4814 or any Federal, State, or Local regulatory specifications. Tesoro agrees that it is receiving from TLO the Blended Gasoline in an “AS IS, WHERE IS” condition without warranties of any kind, including any warranties of merchantability or fitness for a particular purpose, or its ability to meet ASTM or regulatory specifications.

Ethanol Blending Services. (a) Where ethanol receiving, storage and blending facilities are available at a Terminal, and upon Tesoro’s request, at its sole discretion's request pursuant to a Purchase Order, TLO shall receive, store and blend ethanol into Tesoro’s 's gasoline at a Terminal (“Ethanol Services”). TLO shall provide and operate all equipment required for the Ethanol Services. The equipment shall consist of truck and/or rail unloading racks, tanks, pumps, motors, injectors, computer control, and any other ancillary equipment necessary for the providing of the Ethanol Services. (b) Tesoro shall be solely responsible for supplying inventories of ethanol at its own expense, including the scheduling and transporting of ethanol into the Terminals, subject to mutually agreeable notice and scheduling procedures. TLO shall receive Tesoro’s 's ethanol into fungible ethanol storage at the Terminal. (c) Upon a request from Tesoro for Ethanol Services, a Purchase Order shall provide, in writing, to each Terminals where Ethanol Services are requested by Tesoro, provide the desired blending ratio of ethanol to gasolinegasoline at each applicable Terminal, including the minimum Octane (R+M/2) rating (“Blending Instructions”), for each grade of Tesoro’s 's gasoline Product, prior to blending. TLO shall not change the blending ratios without the prior written authorization of Tesoro. (d) TLO shall maintain for a minimum of five (5) years written or electronic records of the type and volume of oxygenate blended into Tesoro’s 's gasoline. (e) TLO shall maintain an industry standard quality assurance oversight program of the ethanol blending process. TLO shall provide Tesoro with an end-of-year report that, at a minimum, summarizes the volume of Tesoro’s 's gasoline received by TLO, the volume of oxygenate added to Tesoro’s 's gasoline, and total volume of blended gasoline. (f) TLO shall allow Tesoro or its agents to monitor the oxygenate blending operation by periodic audit, sampling, testing and/or records review to ensure the overall volumes and type of oxygenate blended into gasoline is consistent with the oxygenate claimed by Tesoro as required by 40 CFR 80.101(d)(4)(ii)(B)(2). (g) TLO shall rely on Blending Instructions and data provided by Tesoro in performing its obligations under this AgreementAgreement and any Purchase Order. Tesoro agrees to be solely responsible for all claims arising from TLO’s 's use of or reliance on these Blending Instructions and data. (h) When performing the Ethanol Services as per Tesoro’s 's Blending Instructions, TLO shall not certify to Tesoro or any third-party that blended gasoline does or shall meet ASTM D 4814 or any Federalfederal, Statestate, or Local local regulatory specifications. Tesoro agrees that it is receiving from TLO the Blended Gasoline in an “AS IS, WHERE IS” condition without warranties of any kind, including any warranties of merchantability or fitness for a particular purpose, or its ability to meet ASTM or regulatory specifications.

Ethanol Blending Services. (a) Where ethanol receiving, storage and blending facilities are available at a Terminal, and upon Tesoro’s request, at its sole discretionrequest pursuant to a Terminal Service Order, TLO shall receive, store and blend ethanol into Tesoro’s gasoline at a Terminal (“Ethanol Services”). TLO shall provide and operate all equipment required for the Ethanol Services. The equipment shall consist of truck and/or rail unloading racks, tanks, pumps, motors, injectors, computer control, and any other ancillary equipment necessary for the providing of the Ethanol Services. (b) Tesoro shall be solely responsible for supplying inventories of ethanol at its own expense, including the scheduling and transporting of ethanol into the Terminals, subject to mutually agreeable notice and scheduling procedures. TLO shall receive Tesoro’s ethanol into fungible ethanol storage at the Terminal. (c) Upon a request from Tesoro for Ethanol Services, a Terminal Service Order shall provide, in writing, to each Terminals where Ethanol Services are requested by Tesoro, provide the desired blending ratio of ethanol to gasolinegasoline at each applicable Terminal, including the minimum Octane (R+M/2) rating (“Blending Instructions”), for each grade of Tesoro’s gasoline Product, prior to blending. TLO shall not change the blending ratios without the prior written authorization of Tesoro. (d) TLO shall maintain for a minimum of five (5) years written or electronic records of the type and volume of oxygenate blended into Tesoro’s gasoline. (e) TLO shall maintain an industry standard quality assurance oversight program of the ethanol blending process. TLO shall provide Tesoro with an end-of-year report that, at a minimum, summarizes the volume of Tesoro’s gasoline received by TLO, the volume of oxygenate added to Tesoro’s gasoline, and total volume of blended gasoline. TLO will provide such report within fifteen (15) Business Days of Tesoro’s request. (f) TLO shall allow Tesoro or its agents to monitor the oxygenate blending operation by periodic audit, sampling, testing and/or records review to ensure the overall volumes and type of oxygenate blended into gasoline is consistent with the oxygenate claimed by Tesoro as required by 40 CFR 80.101(d)(4)(ii)(B)(2). The scope and type of such audits will be negotiated in good faith by the Parties in advance via written notice. (g) TLO shall rely on Blending Instructions and data provided by Tesoro in performing its obligations under this AgreementAgreement and any Terminal Service Order. Tesoro agrees to be solely responsible for all claims arising from TLO’s use of or reliance on these Blending Instructions and data. (h) When performing the Ethanol Services as per Tesoro’s Blending Instructions, TLO shall not certify to Tesoro or any third-party that blended gasoline does or shall meet ASTM D 4814 or any Federalfederal, Statestate, or Local local regulatory specifications. Tesoro agrees that it is receiving from TLO the Blended Gasoline in an “AS IS, WHERE IS” condition without warranties of any kind, including any warranties of merchantability or fitness for a particular purpose, or its ability to meet ASTM or regulatory specifications.

Ethanol Blending Services. (a) 21.1 Where ethanol receiving, storage and blending facilities are available at a Product Terminal, and upon TesoroWNR’s request, at its sole discretion, TLO WRT shall receive, store and blend ethanol into TesoroWNR’s gasoline at a Product Terminal (“Ethanol Services”). TLO WRT shall provide and operate all equipment required for the Ethanol Services. The equipment shall consist of truck and/or rail unloading racks, tanks, pumps, motors, injectors, computer control, and any other ancillary equipment necessary for the providing of the Ethanol Services. (b) Tesoro 21.2 WNR shall be solely responsible for supplying inventories of ethanol at its own expense, including the scheduling and transporting of ethanol into the Terminals, subject to mutually agreeable notice and scheduling proceduresprocedures specified by WRT. TLO WRT shall receive TesoroWNR’s ethanol into fungible ethanol storage at the Product Terminal. (c) Tesoro 21.3 WNR shall provide, in writing, to each Terminals Product Terminal where Ethanol Services are requested by TesoroWNR, the desired blending ratio of ethanol to gasoline, including the minimum Octane (R+M/2) rating (“Blending Instructions”), for each grade of TesoroWNR’s gasoline Productvolumes, prior to blending. TLO WRT shall not change the blending ratios without the prior written authorization of TesoroWNR. (d) TLO 21.4 WRT shall maintain for a minimum of five (5) years written or electronic records of the type and volume of oxygenate blended into TesoroWNR’s gasoline. (e) TLO 21.5 WRT shall maintain an industry standard quality assurance oversight program of the ethanol blending process. TLO WRT shall provide Tesoro WNR with an end-of-year report that, at a minimum, summarizes the volume of TesoroWNR’s gasoline received by TLOWRT, the volume of oxygenate added to TesoroWNR’s gasoline, and total volume of blended gasoline. (f) TLO 21.6 WRT shall allow Tesoro WNR or its agents to monitor the oxygenate blending operation by periodic audit, sampling, testing and/or records review to ensure the overall volumes and type of oxygenate blended into gasoline is consistent with the oxygenate claimed by Tesoro WNR as required by 40 CFR 80.101(d)(4)(ii)(B)(2). TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). (g) TLO 21.7 WRT shall rely on Blending Instructions and data provided by Tesoro WNR in performing its obligations under this Agreement. Tesoro WNR agrees to be solely responsible for all claims arising from TLOWRT’s use of or reliance on these Blending Instructions and data. (h) 21.8 When performing the Ethanol Services as per TesoroWNR’s Blending Instructions, TLO WRT shall not certify to Tesoro or any third-party WNR that blended gasoline does or shall meet ASTM D 4814 or any Federal, State, or Local regulatory specifications. Tesoro WNR agrees that it is receiving from TLO WRT the Blended Gasoline in an “AS IS, WHERE IS” condition without warranties of any kind, including any warranties of merchantability or fitness for a particular purpose, or its ability to meet ASTM or regulatory specifications. 21.9 The cost for these services is set forth on Schedule 4.2.

Ethanol Blending Services. (a) Where ethanol receiving, storage and blending facilities are available at a Terminal, and upon Tesoro’s 's request, at its sole discretion, TLO shall receive, store and blend ethanol into Tesoro’s 's gasoline at a Terminal (“Ethanol Services”). TLO shall provide and operate all equipment required for the Ethanol Services. The equipment shall consist of truck and/or rail unloading racks, tanks, pumps, motors, injectors, computer control, and any other ancillary equipment necessary for the providing of the Ethanol Services. (b) Tesoro shall be solely responsible for supplying inventories of ethanol at its own expense, including the scheduling and transporting of ethanol into the Terminals, subject to mutually agreeable notice and scheduling procedures. TLO shall receive Tesoro’s 's ethanol into fungible ethanol storage at the Terminal. (c) Tesoro shall provide, in writing, to each Terminals where Ethanol Services are requested by Tesoro, the desired blending ratio of ethanol to gasoline, including the minimum Octane (R+M/2) rating (“Blending Instructions”), for each grade of Tesoro’s 's gasoline Product, prior to blending. TLO shall not change the blending ratios without the prior written authorization of Tesoro. (d) TLO shall maintain for a minimum of five (5) years written or electronic records of the type and volume of oxygenate blended into Tesoro’s 's gasoline. (e) TLO shall maintain an industry standard quality assurance oversight program of the ethanol blending process. TLO shall provide Tesoro with an end-of-year report that, at a minimum, summarizes the volume of Tesoro’s 's gasoline received by TLO, the volume of oxygenate added to Tesoro’s 's gasoline, and total volume of blended gasoline. (f) TLO shall allow Tesoro or its agents to monitor the oxygenate blending operation by periodic audit, sampling, testing and/or records review to ensure the overall volumes and type of oxygenate blended into gasoline is consistent with the oxygenate claimed by Tesoro as required by 40 CFR 80.101(d)(4)(ii)(B)(2). (g) TLO shall rely on Blending Instructions and data provided by Tesoro in performing its obligations under this Agreement. Tesoro agrees to be solely responsible for all claims arising from TLO’s 's use of or reliance on these Blending Instructions and data. (h) When performing the Ethanol Services as per Tesoro’s 's Blending Instructions, TLO shall not certify to Tesoro or any third-party that blended gasoline does or shall meet ASTM D 4814 or any Federal, State, or Local regulatory specifications. Tesoro agrees that it is receiving from TLO the Blended Gasoline in an “AS IS, WHERE IS” condition without warranties of any kind, including any warranties of merchantability or fitness for a particular purpose, or its ability to meet ASTM or regulatory specifications.

Ethanol Blending Services. (a) 21.1 Where ethanol receiving, storage and blending facilities are available at a Product Terminal, and upon TesoroWNR’s request, at its sole discretion, TLO WRT shall receive, store and blend ethanol into TesoroWNR’s gasoline at a Product Terminal (“Ethanol Services”). TLO WRT shall provide and operate all equipment required for the Ethanol Services. The equipment shall consist of truck and/or rail unloading racks, tanks, pumps, motors, injectors, computer control, and any other ancillary equipment necessary for the providing of the Ethanol Services. (b) Tesoro 21.2 WNR shall be solely responsible for supplying inventories of ethanol at its own expense, including the scheduling and transporting of ethanol into the Terminals, subject to mutually agreeable notice and scheduling proceduresprocedures specified by WRT. TLO WRT shall receive TesoroWNR’s ethanol into fungible ethanol storage at the Product Terminal. (c) Tesoro 21.3 WNR shall provide, in writing, to each Terminals Product Terminal where Ethanol Services are requested by TesoroWNR, the desired blending ratio of ethanol to gasoline, including the minimum Octane (R+M/2) rating (“Blending Instructions”), for each grade of TesoroWNR’s gasoline Productvolumes, prior to blending. TLO WRT shall not change the blending ratios without the prior written authorization of TesoroWNR. (d) TLO 21.4 WRT shall maintain for a minimum of five (5) years written or electronic records of the type and volume of oxygenate blended into TesoroWNR’s gasoline. (e) TLO 21.5 WRT shall maintain an industry standard quality assurance oversight program of the ethanol blending process. TLO WRT shall provide Tesoro WNR with an end-of-year report that, at a minimum, summarizes the volume of TesoroWNR’s gasoline received by TLOWRT, the volume of oxygenate added to TesoroWNR’s gasoline, and total volume of blended gasoline. TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). (f) TLO 21.6 WRT shall allow Tesoro WNR or its agents to monitor the oxygenate blending operation by periodic audit, sampling, testing and/or records review to ensure the overall volumes and type of oxygenate blended into gasoline is consistent with the oxygenate claimed by Tesoro WNR as required by 40 CFR 80.101(d)(4)(ii)(B)(2). (g) TLO 21.7 WRT shall rely on Blending Instructions and data provided by Tesoro WNR in performing its obligations under this Agreement. Tesoro WNR agrees to be solely responsible for all claims arising from TLOWRT’s use of or reliance on these Blending Instructions and data. (h) 21.8 When performing the Ethanol Services as per TesoroWNR’s Blending Instructions, TLO WRT shall not certify to Tesoro or any third-party WNR that blended gasoline does or shall meet ASTM D 4814 or any Federal, State, or Local regulatory specifications. Tesoro WNR agrees that it is receiving from TLO WRT the Blended Gasoline in an “AS IS, WHERE IS” condition without warranties of any kind, including any warranties of merchantability or fitness for a particular purpose, or its ability to meet ASTM or regulatory specifications. 21.9 The cost for these services is set forth on Schedule 4.2.