Common use of Nomination Procedure Clause in Contracts

Nomination Procedure. Seller shall undertake best efforts to meet requested shipment dates (bill of lading date), but Seller shall not be bound to such shipment date until Seller has accepted such shipment date. Buyer shall communicate tolerance for forward month volume by the 20th of the current month. Nominated tolerance may deviate only by +/- 10% of the base contracted volume. a. Monthly (ratable) contracts. Nominations are expected to be received prior to the 1st business day of the month. If nominations are received prior to last business day of the month prior to shipment, Seller will be responsible for ratable billing. Nominations received after the first business day of shipment month will be considered late. Seller shall have no liability, whether direct or indirect, for any damages, costs, lost profits, or otherwise, resulting or arising from non- ratable or late shipments when receiving late nominations. Nominations changed within the shipment month will be executed on a best efforts basis. i. Single manifest requested delivery dates shall be provided at least fifteen days prior to the start of the shipment month; ii. Unit train requested delivery dates shall be provided at least thirty days prior to the start of the shipment month; and iii. Barges delivery dates shall be provided thirty days prior to the start of the shipment month. b. Spot contracts. Spot contracts will define expected Bill of Lading dates. Nominations are expected from Buyer the second to the last business day prior to week of shipment. If nominations are received by the second to last business day prior to week of shipment, Seller will be held responsible for ratable shipments in accordance with the nominations. Nominations received any later than the second to last business day prior to the week of shipment will be considered late, and Seller shall have no liability, whether direct or indirect, for any damages, costs, lost profits or otherwise, resulting or arising from non-ratable or late shipments. i. For single manifest spot sale, the nomination day is due within 24 hours of sale for spot rail contract, and no later than 12 pm CST on Friday for sales on Friday. ii. Spot Unit Trains must be nominated at the time of sale, which must be at least 72 hours prior to shipment days. iii. Spot truck and manifest rail nominations are due the Thursday of the previous week for next week sales.

Nomination Procedure. Seller shall undertake best efforts to meet requested shipment dates (bill of lading date), but Seller shall not be bound to such shipment date until Seller has accepted such shipment date. Buyer shall communicate tolerance for forward month volume by the 20th of the current month. Nominated tolerance may deviate only by +/- 10% of the base contracted volume. a. Monthly (ratable) contracts. Nominations are expected to be received prior to the 1st business day of the month. If nominations are received prior to last business day of the month prior to shipment, Seller will be responsible for ratable billing. Nominations received after the first business day of shipment month will be considered late. Seller shall have no liability, whether direct or indirect, for any damages, costs, lost profits, or otherwise, resulting or arising from non- non-ratable or late shipments when receiving late nominations. Nominations changed within the shipment month will be executed on a best efforts basis. i. Single manifest requested delivery dates shall be provided at least fifteen days prior to the start of the shipment month; ii. Unit train requested delivery dates shall be provided at least thirty days prior to the start of the shipment month; and iii. Barges delivery dates shall be provided thirty days prior to the start of the shipment month. b. Spot contracts. Spot contracts will define expected Bill of Lading dates. Nominations are expected from Buyer the second to the last business day prior to week of shipment. If nominations are received by the second to last business day prior to week of shipment, Seller will be held responsible for ratable shipments in accordance with the nominations. Nominations received any later than the second to last business day prior to the week of shipment will be considered late, and Seller shall have no liability, whether direct or indirect, for any damages, costs, lost profits or otherwise, resulting or arising from non-ratable or late shipments. i. For single manifest spot sale, the nomination day is due within 24 hours of sale for spot rail contract, and no later than 12 pm CST on Friday for sales on Friday. ii. Spot Unit Trains must be nominated at the time of sale, which must be at least 72 hours prior to shipment days. iii. Spot truck and manifest rail nominations are due the Thursday of the previous week for next week sales.

Nomination Procedure. Seller 6.1 The loading date-range shall undertake best efforts to meet requested shipment dates (bill of lading date)be as specified in Part-I, but Seller shall not be bound to such shipment date until Seller has accepted such shipment dateunless the Parties subsequently agree otherwise in writing. Buyer shall communicate tolerance for forward month volume by the 20th of the current month. Nominated tolerance may deviate only by +/- 10% of the base contracted volume. a. Monthly notify Seller no later than fourteen (ratable14) contracts. Nominations are expected to be received prior to the 1st business day of the month. If nominations are received prior to last business day of the month prior to shipment, Seller will be responsible for ratable billing. Nominations received after the first business day of shipment month will be considered late. Seller shall have no liability, whether direct or indirect, for any damages, costs, lost profits, or otherwise, resulting or arising from non- ratable or late shipments when receiving late nominations. Nominations changed within the shipment month will be executed on a best efforts basis. i. Single manifest requested delivery dates shall be provided at least fifteen days prior to the start first day of the shipment month; ii. Unit train requested delivery dates shall be provided at least thirty days prior to the start of the shipment month; loading date- range and iii. Barges delivery dates shall be provided thirty days prior to the start of the shipment month. b. Spot contracts. Spot contracts will define expected Bill of Lading dates. Nominations are expected from Buyer the second to the last business day prior to week of shipment. If nominations are received by the second to last business day prior to week of shipment, Seller will be held responsible for ratable shipments in any event, in accordance with the nominationsnomination regulations in force at the Point of Delivery of the following: a. The name, flag, size, pumping rate and dead weight of the tanker vessel to be nominated for lifting the Cargo in question. b. The approximate quantity of Crude Oil to be loaded by such tanker vessel. c. The Estimated Time of Arrival (E.T.A.) at the Point of Delivery for the tanker vessel so nominated within the loading date-range. Nominations received Within the loading date-range the tanker vessel shall arrive and tender notice of readiness to load at the Point of Delivery. d. Destination of the Cargo, both interim and final destination, shall be specified if and when applicable. e. Full detailed instructions needed by Seller to issue all necessary documents in accordance with regulations, including any later export regulations, in force. f. Such other information as Seller may reasonably require, including a completed vetting list. 6.2 Seller shall notify Buyer as soon as practicable after receipt of the notice specified above whether Seller accepts or rejects the nominated tanker vessel. In case of rejection, Buyer shall promptly nominate an alternative tanker vessel for Seller's acceptance. 6.3 Buyer shall be entitled to substitute any tanker vessel so nominated by another tanker vessel provided that: a. Buyer shall give Seller written notice of the characteristics (as stated in Clause 6.1) of such substitute vessel not less than seven (7) days prior to E.T.A. of the originally nominated tanker vessel. b. The substituting tanker vessel is accepted by Seller, in accordance with Clause 6.2. 6.4 Buyer undertakes to make himself familiar with the tanker vessel size limitations and restrictions at the Point of Delivery and its approaches, such as restrictions in deadweight and displacement tonnage, length overall, loaded draught, tides, keel clearance and other limitations currently in effect. Buyer shall keep himself informed of any changes in said restrictions, which may occur from time to time, and shall not nominate tanker vessels with specifications exceeding such limitations. Buyer shall adhere to Seller's terminal procedures at the Point of Delivery, as in force from time to time. 6.5 If Buyer does not comply with nomination procedures specified above, he shall not be entitled to any demurrage. 6.6 Buyer warrants that any tanker vessel nominated under this Agreement is owned or demise chartered by a member of the International Tanker Owners’ Pollution Federation Limited (ITOPF). Buyer further warrants that the nominated vessel shall have in place insurance cover for oil pollution in an amount of no less than the second highest standard oil pollution cover available under the rules of the international group of P&I clubs, free of expense to last business day prior Seller. The tanker vessel shall be in full compliance with all laws and regulations applicable at the Point of Delivery at the Date of Delivery. 6.7 The Xx Xxxxxxx terminal shall comply with the requirements of governmental authorities of Qatar for security procedures applicable for such offshore terminals in place from time to time and and Buyer shall ensure that its tanker vessel shall comply with the week of shipment will be considered lateInternational Code For The Security Of Ships And Of Port Facilities (ISPS Code) as applicable for the vessel, and upon Seller's request submit to Seller documentation for compliance. 6.8 Should Buyer or Buyer's tanker vessel not conform or comply with the provisions of this Clause 6, Seller may refuse to berth or load the tanker vessel and shall be under no obligation to supply the Crude Oil which would otherwise have no liabilitybeen deliverable to Buyer on such tanker vessel and Seller may sell or otherwise dispose of any such Crude Oil as Seller may in its absolute discretion determine, whether direct without any liability upon Seller. Any resulting delay or indirect, expenses shall be for any damages, Buyer's account and Buyer shall indemnify Seller for all costs, lost profits losses or otherwise, resulting or arising from non-ratable or late shipmentsdamages incurred by Seller as a result thereof in accordance with Clause 10.2. i. For single manifest spot sale, the nomination day is due within 24 hours of sale for spot rail contract, and no later than 12 pm CST on Friday for sales on Friday. ii. Spot Unit Trains must be nominated at the time of sale, which must be at least 72 hours prior to shipment days. iii. Spot truck and manifest rail nominations are due the Thursday of the previous week for next week sales.