Operations, Receipts and Deliveries. 4.1 Receipts and deliveries of Product will be handled within the normal business hours of the applicable Terminal (subject to Section 12). Except as required pursuant to Section 4.2, Section 8.1 or Section 20 of this Agreement, Owner will not be responsible for the payment of any costs incurred by Customer or its transportation carrier for any delay in receiving or delivering Product or any other costs or fees.
4.2 Owner shall make available to Customer existing loading docks and wharves serving the applicable Terminal. Access to the dock/loading facilities sometimes depends on the level of the adjacent waterway and the draft of the barges. Customer assumes the risks of access to the dock/loading facilities due to the foregoing, and is responsible for arranging for and bearing any costs associated with accessing the dock/loading facilities. Any demurrage for vessels utilized by Customer shall be at Customer’s sole expense, unless such demurrage is caused by Owner’s negligence or willful misconduct. Owner and Customer agree to use commercially reasonable efforts to attempt to minimize any demurrage that may be incurred by Customer in accordance with the foregoing.
4.3 Except as set forth in Section 2.4(a) and (b), Customer must arrange for and pay all Third Party costs related to the delivery of Customer’s Product to the applicable Terminal and from the Storage Tanks. Owner is not responsible for such Third Party costs except as otherwise specifically provided herein. Unless otherwise provided by Owner in writing, Customer must provide written notice reasonably acceptable to Owner containing all necessary instructions, including without limitation, the identity and quantity and any other Specifications of the Product and the tentative date of delivery to the applicable Terminal (“Scheduling Notice”). The Parties shall reasonably coordinate with each other in advance with regard to scheduling of all Product movements and the in-bound quality, volume and grade, the times of delivery by each Terminal, and all material movement prior to shipment of all Product delivered to Owner hereunder. Each Scheduling Notice delivered hereunder by Customer for deliveries of Product to a Terminal shall be sent to those individuals that Owner has specified to Customer to receive such Scheduling Notice for the applicable Terminal with respect to such Product delivery.
Operations, Receipts and Deliveries. 4.1 Customer’s Product will be delivered to the Terminal via marine transport by Customer or on its behalf free of any charge to Operator. Customer must provide the Terminal with and maintain updated forecasts of scheduled arrivals of Customer’s Product at the Terminal.
4.2 Receipts of Product will be handled within the normal business hours of the Terminal, as may be established from time to time. Operator will not be responsible for the payment of any demurrage or costs incurred by Customer or its chartered vessel for any delay in receiving or delivering the Product, unless caused by the gross negligence or willful misconduct of Operator.
4.3 Operator shall provide all delivery services necessary to cause the transfer of Customer’s Product from the Handling Infrastructure to Customer or Customer’s customer.
4.4 Operator will notify Customer of changes to the normal business hours of the Terminal, in advance or as soon after implementation as is practicable. Operator will provide Customer advance notice of the exact date of each holiday and any other day(s) during which the Terminal will be closed because of an extraordinary event or maintenance.
4.5 Operator shall provide and perform the services specified herein in accordance with all applicable federal, state and local laws, rules, regulations, ordinances, decrees, orders, permits, licenses or other requirements having the force of law.
4.6 Customer must arrange for and pay all third party costs of the transportation of all Product including all third party costs related to the receipt or delivery of Customer’s Product to and from the Terminal. Operator is responsible only to receive or deliver, as the case may be, the Product at its Terminal. Customer must notify Operator of tentative Product arrival dates reasonably in advance and of any revision of those dates as soon as known. Tentative arrival dates for all transport trucks used by the Customer to the Terminal must be communicated approximately 24 hours in advance. At the time of said notice, Customer must furnish Operator with necessary shipping instructions. Upon receipt of such confirmation, Operator will immediately advise Customer of Terminal availability. If the Terminal will not be available to receive or deliver Customer’s Product on the communicated arrival date, Operator will advise as to the earliest time when Customer’s Product may be received or delivered. With respect to marine receipts or deliveries of Product, Operator will advise ...
Operations, Receipts and Deliveries. 4.1 Valero's Product will be delivered to the Terminals free of any charge to TPSI. Receipts and deliveries of Product will be handled within the normal business hours of the Terminal as set forth on Attachment "A." TPSI may make temporary changes (less than 24 hours, unless a longer period is agreed to by Valero) in business hours or temporarily close a Terminal to the extent caused by an event of Force Majeure or required maintenance, without Valero's approval. TPSI will notify Valero of such temporary changes or closure in advance, or as soon after implementation as is practicable. Vessels, railroad tank cars, and tank trucks will be unloaded and loaded on first come, first serve basis and TPSI will not be responsible for the payment of any demurrage or costs incurred by Valero or its transportation carrier for any delay in receipt or Throughput of the Product or any other costs or fees in connection with receipt or Throughput of the Product, except to the extent caused by the negligence or willful misconduct of TPSI, its employees, agents or contractors.
4.2 Valero must arrange for and pay all Third Party costs related to the receipt or delivery of Valero's Product to and from the Terminals. Unless otherwise provided to TPSI in writing, Valero must provide reasonably prompt notice to TPSI (in accordance with Section 13) containing all necessary shipping instructions, including without limitation, the identity and quantity of the Product and the tentative arrival date(s) ("Arrival Notice"). If this Agreement involves marine receipts or Throughput of Product, TPSI will advise Valero concerning the Vessel that may be berthed, including its maximum size, draw, draft and length, the docks and associated positions to be used for each Product movement, as well as the minimum pumping rates or pressure, as applicable or both. TPSI may change Vessel limitation, dock designation and pumping rates and pressure criteria from time to time upon reasonably prompt prior notice to Valero. If TPSI reasonably determines that a Vessel, truck, or railroad car is unsuitable for shipment of Products due to Product quality, safety or similar concerns, TPSI may refuse to load or unload such equipment and will advise the carrier and Valero of the situation promptly, and request further instructions from Valero. It is the responsibility of Valero to notify the appropriate Governmental Authorities regarding Vessel arrivals.
4.3 If Valero requires any change in the shipping instruc...
Operations, Receipts and Deliveries. 4.1 Customer’s Product will be delivered to the Terminal via marine transport by Customer or on its behalf free of any charge to Operator. Customer must provide the Terminal with and maintain updated forecasts of scheduled arrivals of Customer’s Product at the Terminal.
