Pipeline Linefill. Prior to Closing, Seller shall ensure that all linefill in the Pipeline consists of ultra low sulfur diesel (“ULSD”) meeting the ULSD specifications for the Buckeye pipeline. Until such time as such linefill has been purchased by a Buyer in accordance with the provisions of Section 8.9, or in the event of an emergency or as required by Law (i) Seller shall not remove or replace such linefill without the prior written consent of Buyers, and (ii) Buyers shall not make any shipments (on their own behalf or for third parties) on the Pipeline or otherwise take any actions that would cause any of such linefill to be lost, contaminated, commingled with third party product, or subject to any Liens (other than Liens caused by or in favor of Seller or its Affiliates). Seller shall have the right, prior to Closing, to amend the Pipeline tariff to suspend it while the foregoing arrangement is in effect.
Pipeline Linefill. Title to the Pipeline linefill shall remain with Seller at Closing; however, the appropriate Buyer shall purchase all such linefill from Seller on the earlier to occur of (i) the date on which Buyer begins producing refined products at the Refinery, (ii) the date on which Buyer desires to use the Pipeline to ship refined products on its own behalf or on behalf of any third party, or (iii) the one year anniversary of the Closing Date. Assuming that the pipeline linefill is ULSD as contemplated in Section 5.10, the purchase price shall be the [REDACTED] for the day prior to, the day of, and the day after the date of sale; otherwise, the purchase price shall be a market-based price mutually acceptable to Buyer and Seller, acting reasonably.
Pipeline Linefill. Title to the Pipeline linefill shall remain with Seller at Closing; however, the appropriate Buyer shall purchase all such linefill from Seller on the earlier to occur of (i) the date on which Buyer begins producing refined products at the Refinery, (ii) the date on which Buyer desires to use the Pipeline to ship refined products on its own behalf or on behalf of any third party, or (iii) the one year anniversary of the Closing Date. Assuming that the pipeline linefill is ULSD as contemplated in Section 5.10, the purchase price shall be [REDACTED].
