Laboratory Fees and Services. (a) If Holdings provides sampling and testing services requested by Company for Crude Oil at the Xxxxxxx Xxxxx Terminal or the Pecan Grove Terminal, Holdings shall charge for each sampling and testing procedure performed as set forth in Holdings’ “Schedule of Rates for Laboratory Services” then in effect. If Holdings contracts with another Person to perform laboratory services, all fees for such services shall be billed to Company at Holdings’ cost.
(b) Holdings’ liability for sampling and testing services is limited to the charge for the service provided. Holdings shall in no event be liable for special or consequential damages no matter how any losses or damages shall have occurred, including but not limited to any losses or damages caused by Holdings’ negligence. There are no guarantees or warranties of any kind, express or implied, including but not limited to any warranties of merchantability or fitness for a particular purpose whether arising by operation of law or otherwise as a result of services provided. 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 (**).
Laboratory Fees and Services. (a) If Carrier provides sampling, testing and/or other laboratory services requested by Company for Commodities at the Terminals, Carrier shall charge for each sampling and testing procedure performed as set forth in Carrier’s “Schedule of Rates for Laboratory Services” then in effect. If Carrier contracts with another Person to perform laboratory services, all fees for such services shall be billed to Company at Carrier’s cost.
(b) Carrier’s liability for sampling and testing services is limited to the charge for the service provided.
Laboratory Fees and Services. (a) If Holdings provides sampling, testing and/or other laboratory services requested by Company for Crude Oil delivered to the Bayway Refinery via the Terminal, Holdings shall charge for each sampling and testing procedure performed as set forth in Holdings’ “Schedule of Rates for Laboratory Services” then in effect. If Holdings contracts with another Person to perform laboratory services, all fees for such services shall be billed to Company at Holdings’ cost.
(b) Holdings’ liability for sampling and testing services is limited to the charge for the service provided.
Laboratory Fees and Services. (a) If Holdings provides sampling, testing and/or other laboratory services requested by Company for Crude Oil delivered to the Ferndale Refinery via the Terminal, Holdings shall charge for each sampling and testing procedure performed as set forth in Holdings’ “Schedule of Rates for Laboratory Services” then in effect. If Holdings contracts with another Person to perform laboratory services, all fees for such services shall be billed to Company at Holdings’ cost.
(b) Holdings’ liability for sampling and testing services is limited to the charge for the service provided.
Laboratory Fees and Services. (a) If Carrier provides sampling, testing and/or other laboratory services requested by Company for Commodities at the Tanks, Carrier shall charge for each sampling and testing procedure performed as set forth in Carrier’s “Schedule of Rates for Laboratory Services”, as may be amended from time to time. Such services shall be provided by Company’s personnel at the Borger Products Facility, if possible. If Carrier contracts with another Person to perform laboratory services, all fees shall be billed to Company at Carrier’s cost.
(b) Carrier’s liability for sampling and testing services is limited to the charge for the service provided.
Laboratory Fees and Services. (a) If Holdings provides sampling and testing services requested by Company for Crude Oil at Xxxxxxx Xxxxx Terminal or the Pecan Grove Terminal, Holdings shall charge for each sampling and testing procedure performed as set forth in Holdings’ “Schedule of Rates for Laboratory Services” then in effect. If Holdings contracts with another Person to perform laboratory services, all fees for such services shall be billed to Company at Holdings’ cost.
(b) Holdings’ liability for sampling and testing services is limited to the charge for the service provided. Holdings shall in no event be liable for special or consequential damages no matter how loss or damages shall have occurred, including but not limited to loss or damage caused by Holdings’ negligence. There are no guarantees or warranties of any kind, express or implied, including but not limited to any warranties of merchantability or fitness for a particular purpose whether arising by operation of law or otherwise as a result of services provided.
Laboratory Fees and Services. HN\1123435.2
Laboratory Fees and Services. (a) Beginning on the Effective Date, Company shall pay a Monthly fee equal to the “Storage Fee” set forth on Exhibit A multiplied by the shell capacity of the Tanks. Terminal Tank Shell Capacity (barrels) Wichita 1001 107,000 Wichita 1002 107,000 Wichita 1004 108,000 Xxxx Xx. Xxxxx 0000 000,000 Xxxx Xx. Xxxxx 2001 200,000 East St. Louis 1302 135,000 Kansas City 8010 101,000 Kansas City 8005 80,000 Total Shell Capacity 1,010,000
(b) Carrier shall accept Commodities from Company for storage and shall store a volume of Commodities up to the safe working capacity of the Tanks (subject to routine maintenance).
(c) The volume of Commodities placed in the Tanks may not exceed the safe working capacity of the Tanks as determined by Carrier taking into account such factors as (i) the time needed to react to a potential overflow of the Tanks, (ii) storage injection and withdrawal rates, and (iii) other operating conditions.
(d) Carrier shall maintain the Tanks in proper operating condition and in a manner that maintains the working capacity of the Tanks, to the extent commercially reasonable.
(e) In the event any portion of the safe working capacity of the Tanks is not available for a period exceeding thirty (30) consecutive Days, then following such 30-Day period, the Storage Fee shall be proportionately reduced to reflect the amount of working capacity that is not available for storage in the Tanks. If and to the extent all or any portion of such working capacity again becomes available for storage in the Tanks, the Storage Fee shall be immediately increased to reflect the resumed storage availability.
(a) If Carrier provides sampling, testing and/or other laboratory services requested by Company for Commodities at the Tanks, Carrier shall charge for each sampling and testing procedure performed as set forth in Carrier’s “Schedule of Rates for Laboratory Services”, as may be amended from time to time. Such services shall be provided by Company’s personnel at the Borger Products Facility, if possible. If Carrier contracts with another Person to perform laboratory services, all fees shall be billed to Company at Carrier’s cost.
Laboratory Fees and Services. (a) If Holdings provides sampling, testing and/or other laboratory services requested by Company for NGLs at the Medford Spheres, Holdings shall charge for each sampling and testing procedure performed as set forth in Holdings’s “Schedule of Rates for Laboratory Services”, as may be amended from time to time. Such services shall be provided by Company’s employees, at Holdings’ direction, at the Ponca City Refinery, if possible. If Holdings contracts with another Person to perform laboratory services, all fees shall be billed to Company at Holdings’s cost.
(b) Holdings’s liability for sampling and testing services is limited to the charge for the service provided. 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 (**).
Laboratory Fees and Services. (a) If Carrier provides sampling, testing and/or other laboratory services requested by WRB for Commodities at the Tanks, Carrier shall charge for each sampling and testing procedure performed as set forth in Carrier’s “Schedule of Rates for Laboratory Services” currently in effect. If Carrier contracts with another Person to perform laboratory services, all fees shall be billed to WRB at Carrier’s cost. HN\1123435.2
(b) Carrier’s liability for sampling and testing services is limited to the charge for the service provided.
