Common use of Measurement and Volume Loss Control Practices Clause in Contracts

Measurement and Volume Loss Control Practices. (i) TLO shall have no obligation to measure volume gains and losses. In the event third-party Products are terminalled at the Terminal, the Parties shall mutually determine the measurement and volume loss control practices for the Terminal. (ii) TLO shall be responsible to Customer only for Product losses and/or shortages resulting from the negligent or wrongful acts and omissions of TLO; provided that TLO shall not be responsible to Customer for any Product losses and/or shortages for which Customer is compensated by its cargo/inventory insurance carrier, including through the cargo/inventory insurance coverage required by Section 24. If Customer fails to maintain the cargo/inventory insurance coverage required by Section 24, then TLO shall also not be responsible to Customer for any Product losses and/or shortages to the extent Customer would have been compensated by its insurance carrier had Customer maintained the cargo/inventory insurance coverage required by Section 24. (iii) Customer shall be responsible for all Product losses and/or shortages it may suffer other than those covered by Section 16(b)(ii).

Appears in 7 contracts

Samples: Terminalling Services Agreement, Terminalling Services Agreement (Tesoro Corp /New/), Terminalling Services Agreement (Tesoro Logistics Lp)

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Measurement and Volume Loss Control Practices. (i) TLO shall have no obligation to measure volume gains and losses. In the event third-party Products are terminalled stored at the TerminalStorage Facility, the Parties shall mutually determine the measurement and volume loss control practices for the TerminalStorage Facility. (ii) TLO shall be responsible to Customer only for Product losses and/or shortages resulting from the negligent or wrongful acts and omissions of TLO; provided that TLO shall not be responsible to Customer for any Product losses and/or shortages for which Customer is compensated by its cargo/inventory insurance carrier, including through the cargo/inventory insurance coverage required by Section 2426. If Customer fails to maintain the cargo/inventory insurance coverage required by Section 2426, then TLO shall also not be responsible to Customer for any Product losses and/or shortages to the extent Customer would have been compensated by its insurance carrier had Customer maintained the cargo/inventory insurance coverage required by Section 2426. (iii) Customer shall be responsible for all Product losses and/or shortages it may suffer other than those covered by Section 16(b)(ii12(b)(ii).

Appears in 2 contracts

Samples: Storage Services Agreement (Tesoro Corp /New/), Storage Services Agreement (Tesoro Logistics Lp)

Measurement and Volume Loss Control Practices. (i) TLO shall have no obligation to measure volume gains and losses. In the event third-party Products are terminalled at the Terminal, the Parties shall mutually determine the measurement and volume loss control practices for the Terminal. (ii) Subject to Section 22(c), TLO shall be responsible to Customer only for Product losses and/or shortages resulting from the negligent or wrongful acts and omissions of TLO; provided that TLO shall not be responsible to Customer for any Product losses and/or shortages for which Customer is compensated by its cargo/inventory insurance carrier, including through the cargo/inventory insurance coverage required by Section 24. If Customer fails to maintain the cargo/inventory insurance coverage required by Section 24, then TLO shall also not be responsible to Customer for any Product losses and/or shortages to the extent Customer would have been compensated by its insurance carrier had Customer maintained the cargo/inventory insurance coverage required by Section 24. (iii) Customer shall be responsible for all Product losses and/or shortages it may suffer other than those covered by Section 16(b)(ii).

Appears in 2 contracts

Samples: Rail Terminalling Services Agreement, Rail Terminalling Services Agreement (Andeavor)

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Measurement and Volume Loss Control Practices. (i) TLO shall have no obligation to measure volume gains and losses. In the event third-party Products are terminalled stored at the TerminalStorage Facility II, the Parties shall mutually determine the measurement and volume loss control practices for the TerminalStorage Facility II. (ii) Subject to Section 18(b), TLO shall be responsible to Customer only for Product losses and/or shortages resulting from the negligent or wrongful acts and omissions of TLO; provided that TLO shall not be responsible to Customer for any Product losses and/or shortages for which Customer is compensated by its cargo/inventory insurance carrier, including through the cargo/inventory insurance coverage required by Section 2426. If Customer fails to maintain the cargo/inventory insurance coverage required by Section 2426, then TLO shall also not be responsible to Customer for any Product losses and/or shortages to the extent Customer would have been compensated by its insurance carrier had Customer maintained the cargo/inventory insurance coverage required by Section 2426. (iii) Customer shall be responsible for all Product losses and/or shortages it may suffer other than those covered by Section 16(b)(ii12(b)(ii).

Appears in 1 contract

Samples: Storage Services Agreement (Andeavor)

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