Common use of Measurement Clause in Contracts

Measurement. All quantities of Products received or delivered by or into truck, rail, or marine vessel shall be measured and determined based upon the meter readings at each Terminal, as reflected by delivery tickets or bills of lading, or if such meters are unavailable, by applicable calibration tables. All quantities of Products received and delivered by pipeline shall be measured and determined based upon the meter readings of the pipeline operator, as reflected by delivery tickets, or if such meters are unavailable, by applicable calibration tables. Deliveries to a Terminal rack at Mandan, Salt Lake City or Wilmington from a Tesoro Refinery shall be deemed to be the same as the corresponding volumes delivered contemporaneously from the Terminal rack. Deliveries by book transfer shall be reflected by entries in the books of TLO. All quantities shall be adjusted to net gallons at 60° F in accordance with ASTM D-1250 Petroleum Measurement Tables, or latest revisions thereof. A barrel shall consist of 42 U.S. gallons and a gallon shall contain 231 cubic inches. Meters and temperature probes shall be calibrated according to applicable API standards. Tesoro shall have the right, at its sole expense, and in accordance with rack location procedure, to independently certify said calibration. Storage tank gauging shall be performed by TLO’s personnel. TLO’s gauging shall be deemed accurate unless challenged by an independent certified xxxxxx. Tesoro may perform joint gauging at its sole expense with TLO’s personnel at the time of delivery or receipt of Product, to verify the amount involved. If Tesoro should request an independent xxxxxx, such xxxxxx must be acceptable to TLO, and such gauging shall be at Tesoro’s sole expense.

Appears in 4 contracts

Samples: Master Terminalling Services Agreement (Tesoro Logistics Lp), Master Terminalling Services Agreement (Tesoro Logistics Lp), Master Terminalling Services Agreement (Tesoro Logistics Lp)

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Measurement. All quantities of Products received or delivered by or into truck, rail, truck or marine vessel rail shall be measured and determined based upon the meter readings at each the Terminal, as reflected by delivery tickets or bills of lading, or if such meters are unavailable, by applicable calibration tables. All quantities of Products received and delivered by pipeline shall be measured and determined based upon the meter readings of the pipeline operator, as reflected by delivery tickets, or if such meters are unavailable, by applicable calibration tables. Deliveries to a Terminal rack at Mandan, Salt Lake City or Wilmington from a Tesoro Refinery shall be deemed to be the same as the corresponding volumes delivered contemporaneously from the Terminal rack. Deliveries by book transfer shall be reflected by entries in the books of TLODelek-Big Xxxxx. All quantities shall be adjusted to net gallons at 60° F in accordance with ASTM D-1250 Petroleum Measurement Tables, or latest revisions thereof. A barrel shall consist of 42 U.S. gallons and a gallon shall contain 231 cubic inches. Meters and temperature probes shall be calibrated according to applicable API standards. Tesoro Delek Refining shall have the right, at its sole expense, and in accordance with rack location procedure, to independently certify said calibration. Storage tank gauging shall be performed by TLODelek-Big Sandy’s personnel. TLODelek-Big Sandy’s gauging shall be deemed accurate unless challenged by an independent certified xxxxxx. Tesoro Delek Refining may perform joint gauging at its sole expense with TLODelek-Big Sandy’s personnel at the time of delivery or receipt of Product, to verify the amount involved. If Tesoro Delek Refining should request an independent xxxxxx, such xxxxxx must be acceptable to TLODelek-Big Xxxxx, and such gauging shall be at TesoroDelek Refining’s sole expense.

Appears in 3 contracts

Samples: Terminalling Services Agreement, Terminalling Services Agreement (Delek Logistics Partners, LP), Terminalling Services Agreement (Delek Logistics Partners, LP)

Measurement. All quantities of Products received or delivered by or into truck, rail, or marine vessel shall be measured and determined based upon the meter readings at each Terminal, as reflected by delivery tickets or bills of lading, or if such meters are unavailable, by applicable calibration tables. All quantities of Products received and delivered by pipeline shall be measured and determined based upon the meter readings of the pipeline operator, as reflected by delivery tickets, or if such meters are unavailable, by applicable calibration tables. Deliveries to a Terminal rack at Mandan, Salt Lake City or Wilmington from a Tesoro Refinery shall be deemed to be the same as the corresponding volumes delivered contemporaneously from the Terminal rack. Deliveries by book transfer shall be reflected by entries in the books of TLO. All quantities shall be adjusted to net gallons at 60° F in accordance with ASTM D-1250 Petroleum Measurement Tables, or latest revisions thereof. A barrel shall consist of 42 U.S. gallons and a gallon shall contain 231 cubic inches. Meters and temperature probes shall be calibrated according to applicable API standards. Tesoro shall have the right, at its sole expense, and in accordance with rack location procedure, to independently certify said such calibration. Storage tank gauging shall be performed by TLO’s 's personnel. TLO’s 's gauging shall be deemed accurate unless challenged by an independent certified xxxxxx. Tesoro may perform joint gauging at its sole expense with TLO’s 's personnel at the time of delivery or receipt of Product, to verify the amount involved. If Tesoro should request an independent xxxxxx, such xxxxxx must be acceptable to TLO, TLO and such gauging shall be at Tesoro’s 's sole expense.

Appears in 2 contracts

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

Measurement. All quantities of Products received or delivered by or into truck, rail, truck or marine vessel rail shall be measured and determined based upon the meter readings at each the Terminal, as reflected by delivery tickets or bills of lading, or if such meters are unavailable, by applicable calibration tables. All quantities of Products received and delivered by pipeline shall be measured and determined based upon the meter readings of the pipeline operator, as reflected by delivery tickets, or if such meters are unavailable, by applicable calibration tables. Deliveries to a Terminal rack at Mandan, Salt Lake City or Wilmington from a Tesoro Refinery shall be deemed to be the same as the corresponding volumes delivered contemporaneously from the Terminal rack. Deliveries by book transfer shall be reflected by entries in the books of TLODelek-Big Sandy. All quantities Axx xxantities shall be adjusted to net gallons at 60° F in accordance with ASTM D-1250 Petroleum Measurement Tables, or latest revisions thereof. A barrel shall consist of 42 U.S. gallons and a gallon shall contain 231 cubic inches. Meters and temperature probes shall be calibrated according to applicable API standards. Tesoro Delek Refining shall have the right, at its sole expense, and in accordance with rack location procedure, to independently certify said calibration. Storage tank gauging shall be performed by TLODelek-Big Sandy’s personnel. TLODelek-Big Sandy’s gauging shall be deemed accurate unless challenged by an independent certified xxxxxxgauger. Tesoro Xxxxx Refining may perform joint gauging at its sole expense with TLODelek-Big Sandy’s personnel at the time of delivery or receipt of Product, to verify the amount involved. If Tesoro Delek Refining should request an independent xxxxxxgauger, such xxxxxx must be xxxx xauger mxxx xx acceptable to TLODelek-Big Sandy, and such axx xxch gauging shall be at TesoroDelek Refining’s sole expense.

Appears in 2 contracts

Samples: Services Agreement (Delek Logistics Partners, LP), Services Agreement (Delek Logistics Partners, LP)

Measurement. All quantities of Products received or delivered by or into truck, rail, or marine vessel shall be measured and determined based upon the meter readings at each Terminal, as reflected by delivery tickets or bills of lading, or if such meters are unavailable, by applicable calibration tables. All quantities of Products received and delivered by pipeline at each Terminal shall be measured and determined based upon the meter readings of the pipeline operator, as reflected by delivery tickets, or if such meters are unavailable, by applicable calibration tables. Deliveries to a Terminal rack at Mandan, Salt Lake City or Wilmington from a Tesoro Refinery shall be deemed to be the same as the corresponding volumes delivered contemporaneously from the Terminal rack. Deliveries by book transfer shall be reflected by entries in the books of TLO. All quantities shall be adjusted to net gallons at 60° F in accordance with ASTM D-1250 Petroleum Measurement Tables, or latest revisions thereof. A barrel shall consist of 42 U.S. gallons and a gallon shall contain 231 cubic inches. Meters and temperature probes shall be calibrated according to applicable API standards. Tesoro shall have the right, at its sole expense, and in accordance with rack location procedure, to independently certify said such calibration. Storage tank gauging shall be performed by TLO’s personnel. TLO’s gauging shall be deemed accurate unless challenged by an independent certified xxxxxx. Tesoro may perform joint gauging at its sole expense with TLO’s personnel at the time of delivery or receipt of Product, to verify the amount involved. If Tesoro should request an independent xxxxxx, such xxxxxx must be acceptable to TLO, TLO and such gauging shall be at Tesoro’s sole expense.

Appears in 2 contracts

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

Measurement. All quantities of Products Materials received or delivered by or into truck, rail, truck or marine vessel rail shall be measured and determined based upon the meter readings at each the Tankage or the Terminal, as applicable, as reflected by delivery tickets or bills of lading, or if such meters are unavailable, by applicable calibration tables. All quantities of Products Materials received and delivered by pipeline shall be measured and determined based upon the meter readings of the pipeline operator, as reflected by delivery tickets, or if such meters are unavailable, by applicable calibration tables. Deliveries to a Terminal rack at Mandan, Salt Lake City or Wilmington from a Tesoro Refinery shall be deemed to be the same as the corresponding volumes delivered contemporaneously from the Terminal rack. Deliveries by book transfer shall be reflected by entries in the books of TLOLogistics. All quantities shall be adjusted to net gallons at 60° F in accordance with ASTM D-1250 Petroleum Measurement Tables, or latest revisions thereof. A barrel shall consist of 42 U.S. gallons and a gallon shall contain 231 cubic inches. Meters and temperature probes shall be calibrated according to applicable API standards. Tesoro At least quarterly, Refining shall have the right, at its sole expense, and in accordance with rack location procedure, to independently certify verify, or cause to be verified, said calibration, with any third-party costs and expenses to be borne by Refining. Storage tank gauging shall be performed by TLO’s personnelLogistics’ personnel daily. TLO’s Logistics’ gauging shall be deemed accurate unless challenged by an independent certified xxxxxx. Tesoro Refining may perform perform, or cause to be performed, joint gauging with Logistics’ personnel (or, at its Refining’s sole expense expense, with TLO’s personnel third-party personnel) at the time of delivery or receipt of Product, to verify the amount involved. If Tesoro Refining should request an independent xxxxxx, such xxxxxx must be reasonably acceptable to TLOLogistics, and the costs of such gauging independent xxxxxx shall be at TesoroRefining’s sole expense.

Appears in 2 contracts

Samples: Throughput and Tankage Agreement (Delek US Holdings, Inc.), Throughput and Tankage Agreement (Delek Logistics Partners, LP)

Measurement. All Measurements of all Product handled shall be taken by Operator, and shall be based upon U.S. gallons of 231 cubic inches, 42 gallons to the barrel, corrected to 60 degrees Fahrenheit, using ASTM-IP Petroleum Measurement Table No. 6B-ASTM Designation D-1250. Gross measurements shall be net of BS&W and shall be corrected for temperature by a calibrated temperature measuring device and for gravity as determined in accordance with Operator’s procedures for handling such Product. Unless otherwise specified, quantities of Products received or at the Receipt Point and delivered by or into truck, rail, or marine vessel to Customer at the Delivery Point shall be measured and determined based upon the meter readings at each Terminal, as reflected by delivery tickets or bills of lading, or if such meters are unavailable, by applicable calibration tablescustody transfer quality meter. All quantities of Products received and delivered by pipeline shall be measured and determined based upon the meter readings of the pipeline operator, as reflected by delivery tickets, or if such product meters are unavailable, by applicable calibration tables. Deliveries to a Terminal rack at Mandan, Salt Lake City or Wilmington from a Tesoro Refinery shall be deemed to be the same as the corresponding volumes delivered contemporaneously from the Terminal rack. Deliveries by book transfer shall be reflected by entries in the books of TLO. All quantities shall be adjusted to net gallons at 60° F in accordance with ASTM D-1250 Petroleum Measurement Tables, or latest revisions thereof. A barrel shall consist of 42 U.S. gallons and a gallon shall contain 231 cubic inches. Meters and temperature probes shall be calibrated according to applicable API standardsat least every six months. Tesoro Customer shall have the rightright to participate with Operator in any measurement; provided that, at its sole expensein the absence of such SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, and in accordance with rack location procedureAND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH FIVE ASTERISKS (*****). participation, to independently certify said calibration. Storage tank gauging the measurements taken by Operator shall be performed by TLO’s personnelbinding upon both Parties absent fraud, gross negligence or willful misconduct. TLO’s gauging Quantities in the tanks shall be deemed accurate unless challenged determined by tank gauges. If Customer requires an independent certified xxxxxx. Tesoro may perform joint gauging at its sole expense with TLO’s personnel at the time of delivery or receipt of Product, to verify the amount involved. If Tesoro should request an by a mutually acceptable independent xxxxxx, such xxxxxx must be acceptable to TLO, and such gauging shall will be at TesoroCustomer’s sole expense. Measurement procedures shall follow the applicable API and ASTM or equivalent standards.

Appears in 1 contract

Samples: Terminal Services Agreement (Arc Logistics Partners LP)

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Measurement. All quantities of Products received or delivered by or into truck, rail, truck or marine vessel rail shall be measured and determined based upon the meter readings at each the Terminal, as reflected by delivery tickets or bills of lading, or if such meters are unavailable, by applicable calibration tables. All quantities of Products received and delivered by pipeline shall be measured and determined based upon the meter readings of the pipeline operator, as reflected by delivery tickets, or if such meters are unavailable, by applicable calibration tables. Deliveries to a Terminal rack at Mandan, Salt Lake City or Wilmington from a Tesoro Refinery shall be deemed to be the same as the corresponding volumes delivered contemporaneously from the Terminal rack. Deliveries by book transfer shall be reflected by entries in the books of TLODelek-Big Xxxxx. All quantities shall be adjusted to net gallons at 60° F in accordance with ASTM D-1250 Petroleum Measurement Tables, or latest revisions thereof. A barrel shall consist of 42 U.S. gallons and a gallon shall contain 231 cubic inches. Meters and temperature probes shall be calibrated according to applicable API standards. Tesoro DKTS shall have the right, at its sole expense, and in accordance with rack location procedure, to independently certify said calibration. Storage tank gauging shall be performed by TLODelek-Big Sandy’s personnel. TLODelek-Big Sandy’s gauging shall be deemed accurate unless challenged by an independent certified xxxxxx. Tesoro DKTS may perform joint gauging at its sole expense with TLODelek-Big Sandy’s personnel at the time of delivery or receipt of Product, to verify the amount involved. If Tesoro DKTS should request an independent xxxxxx, such xxxxxx must be acceptable to TLODelek-Big Xxxxx, and such gauging shall be at Tesoro’s DKTS’ sole expense.

Appears in 1 contract

Samples: Services Agreement (Delek Logistics Partners, LP)

Measurement. All quantities of Products Materials received or delivered by or into truck, rail, truck or marine vessel rail shall be measured and determined based upon the meter readings at each the Tankage or the Terminal, as applicable, as reflected by delivery tickets or bills of lading, or if such meters are unavailable, by applicable calibration tables. All quantities of Products Materials received and delivered by pipeline shall be measured and determined based upon the meter readings of the pipeline operator, as reflected by delivery tickets, or if such meters are unavailable, by applicable calibration tables. Deliveries to a Terminal rack at Mandan, Salt Lake City or Wilmington from a Tesoro Refinery shall be deemed to be the same as the corresponding volumes delivered contemporaneously from the Terminal rack. Deliveries by book transfer shall be reflected by entries in the books of TLOLogistics. All quantities shall be adjusted to net gallons at 60° F in accordance with ASTM D-1250 Petroleum Measurement Tables, or latest revisions thereof. A barrel shall consist of 42 U.S. gallons and a gallon shall contain 231 cubic inches. Meters and temperature probes shall be calibrated according to applicable API standards. Tesoro At least quarterly, Refining shall have the right, at its sole expense, and in accordance with rack location procedure, to independently certify verify, or cause to be verified, said calibration, with any third-party costs and expenses to be borne by Refining. Storage tank gauging shall be performed by TLO’s personnelLogistics’ personnel daily. TLO’s Logistics’ gauging shall be deemed accurate unless challenged by an independent certified xxxxxx. Tesoro Refining may perform perform, or cause to be performed, joint gauging with Logistics’ personnel (or, at its Refining’s sole expense expense, with TLO’s personnel third-party personnel) at the time of delivery or receipt of Product, to verify the amount involved. If Tesoro Refining should request an independent xxxxxx, such xxxxxx must be reasonably acceptable to TLOLogistics, and the costs of such gauging independent xxxxxx shall be at TesoroRefining’s sole expense.. (j)

Appears in 1 contract

Samples: Throughput and Tankage Agreement

Measurement. All quantities of Products received or delivered by or into truck, rail, or marine vessel shall be measured and determined based upon the meter readings at each Terminal, as reflected by delivery tickets or bills of lading, or if such meters are unavailable, by applicable calibration tables. All quantities of Products received and delivered by pipeline shall be measured and determined based upon the meter readings of the pipeline operator, as reflected by delivery tickets, or if such meters are unavailable, by applicable calibration tables. Deliveries to a Terminal rack at Mandan, Salt Lake City or Wilmington from a Tesoro Refinery shall be deemed to be the same as the corresponding volumes delivered contemporaneously from the Terminal rack. Deliveries by book transfer shall be reflected by entries in the books of TLO. All quantities shall be adjusted to net gallons at 60° F in accordance with ASTM D-1250 Petroleum Measurement Tables, or latest revisions thereof. A barrel shall consist of 42 U.S. gallons and a gallon shall contain 231 cubic inches. Meters and temperature probes shall be calibrated according to applicable API standards. Tesoro shall have the right, at its sole expense, and in accordance with rack location procedure, to independently certify said calibration. Storage tank gauging shall be performed by TLO’s 's personnel. TLO’s 's gauging shall be deemed accurate unless challenged by an independent certified xxxxxx. Tesoro may perform joint gauging at its sole expense with TLO’s 's personnel at the time of delivery or receipt of Product, to verify the amount involved. If Tesoro should request an independent xxxxxx, such xxxxxx must be acceptable to TLO, and such gauging shall be at Tesoro’s 's sole expense.

Appears in 1 contract

Samples: Master Terminalling Services Agreement (Tesoro Corp /New/)

Measurement. All quantities of Products Materials received or delivered by or into truck, rail, truck or marine vessel rail shall be measured and determined based upon the meter readings at each the Tankage or the Terminal, as applicable, as reflected by delivery tickets or bills of lading, or if such meters are unavailable, by applicable calibration tables. All quantities of Products Materials received and delivered by pipeline shall be measured and determined based upon the meter readings of the pipeline operator, as reflected by delivery tickets, or if such meters are unavailable, by applicable calibration tables. Deliveries to a Terminal rack at Mandan, Salt Lake City or Wilmington from a Tesoro Refinery shall be deemed to be the same as the corresponding volumes delivered contemporaneously from the Terminal rack. Deliveries by book transfer shall be reflected by entries in the books of TLOLogistics. All quantities shall be adjusted to net gallons at 60° F in accordance with ASTM D-1250 Petroleum Measurement Tables, or latest revisions thereof. A barrel shall consist of 42 U.S. gallons and a gallon shall contain 231 cubic inches. Meters and temperature probes shall be calibrated according to applicable API standards. Tesoro At least quarterly, DKTS shall have the right, at its sole expense, and in accordance with rack location procedure, to independently certify verify, or cause to be verified, said calibration, with any third-party costs and expenses to be borne by DKTS. Storage tank gauging shall be performed by TLO’s personnelLogistics’ personnel daily. TLO’s Logistics’ gauging shall be deemed accurate unless challenged by an independent certified xxxxxx. Tesoro DKTS may perform perform, or cause to be performed, joint gauging with Logistics’ personnel (or, at its DKTS’s sole expense expense, with TLO’s personnel third-party personnel) at the time of delivery or receipt of Product, to verify the amount involved. If Tesoro DKTS should request an independent xxxxxx, such xxxxxx must be reasonably acceptable to TLOLogistics, and the costs of such gauging independent xxxxxx shall be at TesoroDKTS’s sole expense.

Appears in 1 contract

Samples: Throughput and Tankage Agreement (Delek Logistics Partners, LP)

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