Common use of Failure of Fuel Oil to Materially Conform to Fuel Specifications Clause in Contracts

Failure of Fuel Oil to Materially Conform to Fuel Specifications. (i) If Fuel Oil tendered for delivery under this Agreement to the Fuel Oil Delivery Point fails for any reason to materially conform to the Fuel Oil Specifications, Project Company may refuse all or any part of such Fuel Oil (giving MAEM the reasons for such refusal as soon as practical). (ii) To the extent Fuel Oil is delivered to the Fuel Oil Delivery Point and is not in compliance with the Fuel Oil Specifications, and such non-compliance is not approved by Project Company, Project Company may instruct MAEM to arrange at no cost to Project Company for the reasonably expeditious removal of any such non-compliant Fuel Oil from the Fuel storage tanks.

Appears in 4 contracts

Samples: Power Sale, Fuel Supply and Services Agreement (Mirant Mid Atlantic LLC), Power Sale, Fuel Supply and Services Agreement (Mirant Americas Generating LLC), Power Sale, Fuel Supply and Services Agreement (Mirant Mid Atlantic LLC)

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Failure of Fuel Oil to Materially Conform to Fuel Specifications. (ia) If Fuel Oil tendered for delivery under this Agreement to the Fuel Oil Delivery Point fails for any reason to materially conform to the Fuel Oil Specifications, Project Company may refuse all or any part of such Fuel Oil (giving MAEM the reasons for such refusal as soon as practical). (iib) To the extent Fuel Oil is delivered to the Fuel Oil Delivery Point and is not in compliance with the Fuel Oil Specifications, and such non-compliance is not approved by Project Company, Project Company may instruct MAEM to arrange at no cost to Project Company for the reasonably expeditious removal of any such non-compliant Fuel Oil from the Fuel storage tanks.

Appears in 3 contracts

Samples: Power Sale, Fuel Supply and Services Agreement (Mirant Mid Atlantic LLC), Power Sale, Fuel Supply and Services Agreement (Mirant Mid Atlantic LLC), Power Sale, Fuel Supply and Services Agreement (Mirant Mid Atlantic LLC)

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