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. (ii) TLO shall be responsible to TRMC 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 TRMC for any Product losses and/or shortages for which TRMC is compensated by its cargo/inventory insurance carrier, including through the cargo/inventory insurance coverage required by Section 27. If TRMC fails to maintain the cargo/inventory insurance coverage required by Section 27, then TLO shall also not be responsible to TRMC for any Product losses and/or shortages to the extent TRMC would have been compensated by its insurance carrier had TRMC maintained the cargo/inventory insurance coverage required by Section 27. (iii) TRMC shall be responsible for all Product losses and/or shortages it may suffer other than those covered by Section 13(b)(ii).

Measurement and Volume Loss Control Practices. (i) TLO shall have no obligation to measure volume gains and losses. (ii) TLO shall be responsible to TRMC TAC 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 TRMC TAC for any Product losses and/or shortages for which TRMC TAC is compensated by its cargo/inventory insurance carrier, including through the cargo/inventory insurance coverage required by Section 27. If TRMC TAC fails to maintain the cargo/inventory insurance coverage required by Section 27, then TLO shall also not be responsible to TRMC TAC for any Product losses and/or shortages to the extent TRMC TAC would have been compensated by its insurance carrier had TRMC TAC maintained the cargo/inventory insurance coverage required by Section 27. (iii) TRMC TAC shall be responsible for all Product losses and/or shortages it may suffer other than those covered by Section 13(b)(ii).