FUEL AVAILABILITY. Blends from 2 to 5% vol.-% biodiesel are offered in several European in several European countries. Due to a mandatory total biofuel share of 4.4% (on energy basis) in Germany EN590 diesel mainly contains 5 vol.-% of biodiesel (B5). German biofuel share targets adopted for 2009 require a further increase of biofuel blending to diesel to over 5 vol.%. B7 and so called “B7+3” which stands for 7% of biodiesel and 3% of hydrogenated vegetable oil (HVO) blended to fossil diesel are discussed as future options in Germany. However, short term availability of HVO will be very limited. B30 (30% of EN 14214 biodiesel blended in diesel) for captive fleets is offered in certain countries like France and UK. Neat biodiesel (B100) is mainly offered in Germany, which has a well developed market for B100 counting 1900 filling stations in 2005 offering this type of fuel. B100 is mainly used in commercial vehicles. However, due to stepwise reduction of tax incentives, which started in 2006, the market for B100 currently suffers a severe decrease.
FUEL AVAILABILITY. The Contractor shall maintain supplies of regular unleaded gasoline, super unleaded, both on- road and off-road diesel to meet fuel requirements for the City on a 24-hour per day and 365 days per year (or 366 days in a leap year), during adverse weather conditions, National, State, local emergencies and fuel shortages. The Contractor must be able to provide both gasoline and/or diesel fuel anywhere in the City’s jurisdiction with a standard 24-hour response time and a minimum 2-hour response time in emergencies. The Contractor is required to provide an emergency response contact number that is available 24-hours and 365 days per year (or 366 days in a leap year). If the Contractor charges an additional fee for this, it must be stated in the Contractor’s prices submitted in this RFP.
FUEL AVAILABILITY. Hawaiian may cancel, without liability, any Charter Flight under contract before the outbound flight is scheduled to operate if sufficient fuel is not available from its suppliers, provided that such determination is made by Hawaiian in the exercise of good faith business judgment. In such case, Hawaiian shall promptly arrange for a refund to Charterer, or to Charterer's Depository Bank if a Bank Depository Agreement is in effect, of all charter payments already made applicable to such canceled flight made by Charterer or its Depository Bank to Hawaiian but shall not otherwise be liable to the Charterer or any charter participants for any damage, loss, cost, or expenses arising out of, or in connection with such cancellation, and Charterer agrees to indemnify and hold Hawaiian harmless from any claims, demands or suits brought by any charter participants, including any legal fees and expenses incurred in the defense of such claims, demands or suits, arising out of or in connection with such cancellation. The rights of cancellation reserved to Hawaiian under this Article 5 shall be in addition to, and not in place of or in derogation of, any and all other rights which Hawaiian may otherwise have, at law or equity or under the force majeure or any other article of this Agreement.
