Common use of Product Delivered at the Alternative Delivery Point Clause in Contracts

Product Delivered at the Alternative Delivery Point. If, by any reason of a programmed maintenance at the Delivery Point or Injection Point, or an event different from Force Majeure at the Delivery Point, Seller is not able to deliver Product at the Delivery Point, Seller shall immediately notify Buyer, and Buyer shall have the option of loading Product at the Alternative Delivery Point, in which case Buyer shall so notify Seller. The Product shall be then delivered FCA at the Alternative Delivery Point. Title of Product, as well as custody, risk of loss and contamination with respect to Product shall pass from Seller to Buyer as the Product passes the flange connecting the Seller's Alternative Delivery Point with Buyer's tank trucks. For Product delivered at the Alternative Delivery Point, Buyer shall nominate tank truck transportation services. Seller shall discount from the sales price, the Service Fee described in Article 5.01 and 5.02, by an amount equal to the transportation costs incurred by Buyer, such transportation costs to be determined based on the prevailing market conditions at the time that Buyer must arrange for transportation and as mutually agreed by the Parties. In the event of a Force Majeure condition at the Delivery Point, Buyer shall also have the option of loading Product at the Alternative Delivery Point. The Parties agree that in this event, Seller shall discount from the Product's price (including the Service Fee), as set forth in Article 5.01 and 5.02, an amount equal to the operational costs of the terminal at the Delivery Point plus costs related to the transportation of Product through Seller's pipeline from the Alternative Delivery Point to the Delivery Point. Seller shall inform Buyer of its. calculation of the amounts to be discounted, such final discount amount to be mutually agreed between the Parties. In the event Buyer elects not to exercise its option to take delivery at the Alternative Delivery Point, Seller shall still be obligated to deliver to Buyer the Nominated Volume.

Product Delivered at the Alternative Delivery Point. If, by any reason ---------------------------------------------------- of a programmed maintenance at the Delivery Point or Injection Point, or an event different from Force Majeure at the Delivery Point, Seller is not able to deliver Product at the Delivery Point, Seller shall immediately notify Buyer, and Buyer shall have the option of loading Product at the Alternative Delivery Point, in which case Buyer shall so notify to Seller. The Product shall be then delivered FCA at the scale exit of the Alternative Delivery Point. Title of Product, as well as custody, risk of loss and contamination with respect to Product shall pass from Seller to Buyer as the Product passes the flange connecting the Seller's Alternative Delivery Point with Buyer's tank trucks. Custody, risk of loss and contamination with respect to Product shall pass from Seller to Buyer at the scale exit of the Alternative Delivery Point. For Product delivered at the Alternative Delivery Point, Buyer shall nominate tank truck transportation services. Seller shall discount from the sales price, the Service Fee Fee, described in Article 5.01 and 5.025.01, by an amount equal to the transportation costs incurred by Buyer, such transportation costs to be determined based on the prevailing market conditions at the time that Buyer must arrange for transportation and as mutually agreed by the Parties. In the event of a Force Majeure condition at the Delivery Point, Buyer shall also have the option of loading Product at the Alternative Delivery Point. The Parties agree that in this event, Seller shall discount from the Product's price (including the Service Fee), as set forth in Article 5.01 and 5.025.01, an amount equal to the operational costs of the terminal at the Delivery Point plus costs related to the transportation of Product through Seller's pipeline from the Alternative Delivery Point to the Delivery Point. Seller shall inform Buyer of its. its calculation of the amounts to be discounted, such final discount amount to be mutually agreed between the Parties. In the event Buyer elects not to exercise its option to take delivery at the Alternative Delivery Point, Seller shall still be obligated to deliver to Buyer the Nominated Volumevolume nominated by Buyer in accordance with Section 3.02 and shall be liable for any Seller's Shortfall, in accordance with Section 3.05.

Product Delivered at the Alternative Delivery Point. If, by any --------------------------------------------------------- reason of a programmed maintenance at the Delivery Point or Injection Point, or of an event different from Force Majeure at the Delivery Point, Seller is not able to deliver Product at the Delivery Point, Seller shall immediately notify Buyer, and Buyer shall have the option of loading Product at the Alternative Delivery Point, in which case Buyer shall so notify to Seller. The Product LPG Mix shall be then delivered FCA at the scale exit of the Alternative Delivery Point. Title of Product, as well as custody, risk of loss and contamination with respect to Product LPG Mix shall pass from Seller to Buyer as the Product LPG Mix passes the flange connecting the Seller's Alternative Delivery Point with Buyer's tank trucks. Risk of loss and contamination with respect to LPG Mix shall pass from Seller to Buyer at the scale exit of the Alternative Delivery Point. DTIR-02-0015 For Product delivered at the Alternative Delivery Point, Buyer shall nominate provide tank truck transportation services. Seller shall discount from the sales price, the Service Fee described in Article 5.01 and 5.02, by an amount equal to the transportation costs incurred by the Buyer, such transportation costs to be determined based on the prevailing market conditions at the time that Buyer must arrange for transportation and as mutually agreed by the Parties. In the event of a Force Majeure condition at the Delivery Point, Buyer shall also have the option of loading Product at the Alternative Delivery Point. The Parties agree that in this event, Seller shall discount from the Product's price (including the Service Fee), as set forth in Article 5.01 and 5.025.01, an amount equal to the operational costs of the terminal at the Delivery Point plus costs related to the transportation of Product through Seller's pipeline from the Alternative Delivery Point to the Delivery Point. Seller shall inform Buyer of its. its calculation of the amounts to be discounted, such final discount amount to be mutually agreed between the Parties. In the event Buyer elects not to exercise its option to take delivery at the Alternative Delivery Point, Seller shall still be obligated to deliver to Buyer the Nominated Volumevolume nominated by Buyer in accordance with Section 3.05 and shall be liable for any Seller's Shortfall, in accordance with Section 3.06.