Common use of PRODUCT DELIVERIES, RECEIPTS AND WITHDRAWALS Clause in Contracts

PRODUCT DELIVERIES, RECEIPTS AND WITHDRAWALS. (a) All supervised deliveries, receipts and withdrawals hereunder shall be made within the normal business hours of each Terminal and at such times as may be required by Tesoro upon prior notice and approval by TLO, all in accordance with the agreed-upon scheduling. Unsupervised deliveries, receipts and withdrawals shall be made only with TLO’s prior approval and in strict accordance with TLO’s current operating procedures for the Terminals. Tesoro warrants that all vehicles permitted to enter the Terminals on behalf of Tesoro shall meet all requirements and standards promulgated by applicable regulatory authority including the Department of Transportation, the Occupational Safety and Health Administration, and the Environmental Protection Agency. Tesoro further warrants that it shall only send to the Terminals those employees, agents and other representatives acting on behalf of and at Tesoro’s direction who have been properly instructed as to the characteristics and safe hauling methods associated with the Products to be loaded and hauled. Tesoro further agrees to be responsible to TLO for the performance under this Agreement by its agents and/or representatives receiving Products at the Terminals. (b) Tesoro shall withdraw from the Terminals only those Products that it is authorized to withdraw hereunder. Tesoro shall neither duplicate nor permit the duplication of any loading device (i.e., card lock access) provided hereunder. Tesoro shall be fully and solely responsible for all Products loaded through the use of the loading devices issued to Tesoro in accordance with this Agreement; provided, however; that Tesoro shall not have any responsibility or liability hereunder in the event that the load authorization system provided hereunder fails or malfunctions in any way unless a credit department override is provided, which authorizes Tesoro to load the Products. (c) Both Parties shall abide by all federal, state and local statutes, laws and ordinances and all rules and regulations which are promulgated by TLO and which are either furnished to Tesoro or posted at the Terminals, with respect to the use of the Terminals as herein provided. It is understood and agreed by Tesoro that these rules and regulations may be changed, amended or modified by TLO at any time. All changes, amendments and modifications shall become binding upon Tesoro ten (10) days following the posting of a copy at the affected Terminals or the receipt by Tesoro of a copy, whichever occurs sooner. (d) For all purposes hereunder, Tesoro’s jobbers, distributors, Carriers, haulers and other customers designated in writing or otherwise by Tesoro to have loading privileges under this Agreement or having possession of any loading device furnished to Tesoro pursuant to this Agreement, together with their respective officers, servants and employees, shall, when they access the Terminals, be deemed to be representatives of Tesoro.

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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PRODUCT DELIVERIES, RECEIPTS AND WITHDRAWALS. (a) All supervised deliveries, receipts and withdrawals hereunder shall be made within the normal business hours of each Terminal and at such times as may be required by Tesoro upon prior notice and approval by TLO, all in accordance with the agreed-upon scheduling. Unsupervised deliveries, receipts and withdrawals shall be made only with TLO’s prior approval and in strict accordance with TLO’s current operating procedures for the Terminals. Tesoro warrants that all vehicles permitted to enter the Terminals on behalf of Tesoro shall meet all requirements and standards promulgated by applicable regulatory authority including the Department of Transportation, the Occupational Safety and Health Administration, and the Environmental Protection Agency. Tesoro further Delek Refining warrants that it shall only send to the Terminals Terminal those employees, agents and other representatives acting on behalf of and at TesoroDelek Refining’s direction who have been properly instructed as to the characteristics and safe hauling methods associated with the Products to be loaded and hauled. Tesoro further Delek Refining agrees to be responsible to TLO Delek-Big Xxxxx for the performance under this Agreement by its agents and/or representatives receiving Products at the TerminalsTerminal. (b) Tesoro shall withdraw from the Terminals only those Products that it is authorized to withdraw hereunder. Tesoro shall neither duplicate nor permit the duplication of any loading device (i.e., card lock access) provided hereunder. Tesoro shall be fully and solely responsible for all Products loaded through the use of the loading devices issued to Tesoro in accordance with this Agreement; provided, however; that Tesoro shall not have any responsibility or liability hereunder in the event that the load authorization system provided hereunder fails or malfunctions in any way unless a credit department override is provided, which authorizes Tesoro to load the Products. (c) Both Parties shall abide by all federal, state and local statutes, laws and ordinances and all rules and regulations which are promulgated by TLO Delek-Big Xxxxx and which are either furnished to Tesoro Delek Refining or posted at the TerminalsTerminal, with respect to the use of the Terminals Terminal as herein provided. It is understood and agreed by Tesoro Delek Refining that these rules and regulations may be changed, amended or modified by TLO Delek-Big Xxxxx at any time. All changes, amendments and modifications shall become binding upon Tesoro Delek Refining ten (10) days following the posting receipt by Delek Refining of a copy at the affected Terminals or the receipt by Tesoro of a copy, whichever occurs soonerthereof. (dc) For all purposes hereunder, TesoroDelek Refining’s jobbers, distributors, Carrierscarriers, haulers and other customers designated in writing or otherwise by Tesoro Delek Refining to have loading privileges under this Agreement or having possession of any loading device furnished to Tesoro Delek Refining pursuant to this Agreement, together with their respective officers, servants and employees, shall, when they access the TerminalsTerminal, be deemed to be representatives of TesoroDelek Refining.

Appears in 3 contracts

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

PRODUCT DELIVERIES, RECEIPTS AND WITHDRAWALS. (a) All supervised deliveries, receipts and withdrawals hereunder shall be made within the normal business hours of each Terminal and at such times as may be required by Tesoro upon prior notice and approval by TLO, all in accordance with the agreed-upon scheduling. Unsupervised deliveries, receipts and withdrawals shall be made only with TLO’s prior approval and in strict accordance with TLO’s current operating procedures for the Terminals. Tesoro warrants that all vehicles permitted to enter the Terminals on behalf of Tesoro shall meet all requirements and standards promulgated by applicable regulatory authority including the Department of Transportation, the Occupational Safety and Health Administration, and the Environmental Protection AgencyAgency (the “EPA”). Tesoro further warrants that it shall only send to the Terminals those employees, agents and other representatives acting on behalf of and at Tesoro’s direction who have been properly instructed as to the characteristics and safe hauling methods associated with the Products to be loaded and hauled. Tesoro further agrees to be responsible to TLO for the performance under this Agreement or any Terminal Service Order by its agents and/or representatives receiving or delivering Products at the Terminals. (b) Tesoro shall withdraw from the Terminals only those Products that it is authorized to withdraw hereunder. Tesoro shall neither duplicate nor permit the duplication of any loading device (i.e., card lock access) provided hereunder. Tesoro shall be fully and solely responsible for all Products loaded through the use of the loading devices issued to Tesoro in accordance with this AgreementAgreement or pursuant to any Terminal Service Order; provided, however; that Tesoro shall not have any responsibility or liability hereunder in the event that the load authorization system provided hereunder fails or malfunctions in any way unless a credit department override is provided, which authorizes Tesoro to load the Products. (c) Both Parties shall abide by all federal, state and local statutes, laws and ordinances and all rules and regulations which are promulgated by TLO and which are either furnished to Tesoro or posted at the Terminals, with respect to the use of the Terminals as herein provided. It is understood and agreed by Tesoro that these rules and regulations may be changed, amended or modified by TLO at any time. All changes, amendments and modifications shall become binding upon Tesoro ten (10) days following the posting of a copy at the affected Terminals or the receipt by Tesoro of a copy, whichever occurs sooner. (d) For all purposes hereunder, Tesoro’s jobbers, distributors, Carriers, haulers and other customers designated in writing or otherwise by Tesoro to have loading privileges under this Agreement or any Terminal Service Order or having possession of any loading device furnished to Tesoro pursuant to this AgreementAgreement or any Terminal Service Order, together with their respective officers, servants and employees, shall, when they access the Terminals, be deemed to be representatives of Tesoro.

Appears in 2 contracts

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

PRODUCT DELIVERIES, RECEIPTS AND WITHDRAWALS. (a) All supervised deliveries, receipts and withdrawals hereunder shall be made within the normal business hours of each Terminal and at such times as may be required by Tesoro upon prior notice and approval by TLO, all in accordance with the agreed-upon scheduling. Unsupervised deliveries, receipts and withdrawals shall be made only with TLO’s 's prior approval and in strict accordance with TLO’s 's current operating procedures for the Terminals. Tesoro warrants that all vehicles permitted to enter the Terminals on behalf of Tesoro shall meet all requirements and standards promulgated by applicable regulatory authority including the Department of Transportation, the Occupational Safety and Health Administration, and the Environmental Protection AgencyAgency (the “EPA”). Tesoro further warrants that it shall only send to the Terminals those employees, agents and other representatives acting on behalf of and at Tesoro’s 's direction who have been properly instructed as to the characteristics and safe hauling methods associated with the Products to be loaded and hauled. Tesoro further agrees to be responsible to TLO for the performance under this Agreement or any Purchase Order by its agents and/or representatives receiving Products at the Terminals. (b) Tesoro shall withdraw from the Terminals only those Products that it is authorized to withdraw hereunder. Tesoro shall neither duplicate nor permit the duplication of any loading device (i.e., card lock access) provided hereunder. Tesoro shall be fully and solely responsible for all Products loaded through the use of the loading devices issued to Tesoro in accordance with this AgreementAgreement or pursuant to any Purchase Order; provided, however; that Tesoro shall not have any responsibility or liability hereunder in the event that the load authorization system provided hereunder fails or malfunctions in any way unless a credit department override is provided, which authorizes Tesoro to load the Products. (c) Both Parties shall abide by all federal, state and local statutes, laws and ordinances and all rules and regulations which are promulgated by TLO and which are either furnished to Tesoro or posted at the Terminals, with respect to the use of the Terminals as herein provided. It is understood and agreed by Tesoro that these rules and regulations may be changed, amended or modified by TLO at any time. All changes, amendments and modifications shall become binding upon Tesoro ten (10) days following the posting of a copy at the affected Terminals or the receipt by Tesoro of a copy, whichever occurs sooner. (d) For all purposes hereunder, Tesoro’s 's jobbers, distributors, Carriers, haulers and other customers designated in writing or otherwise by Tesoro to have loading privileges under this Agreement or any Purchase Order or having possession of any loading device furnished to Tesoro pursuant to this AgreementAgreement or any Purchase Order, together with their respective officers, servants and employees, shall, when they access the Terminals, be deemed to be representatives of Tesoro.

Appears in 2 contracts

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

PRODUCT DELIVERIES, RECEIPTS AND WITHDRAWALS. (a) All supervised deliveries, receipts and withdrawals hereunder shall be made within the normal business hours of each Terminal and at such times as may be required by Tesoro upon prior notice and approval by TLO, all in accordance with the agreed-upon scheduling. Unsupervised deliveries, receipts and withdrawals shall be made only with TLO’s prior approval and in strict accordance with TLO’s current operating procedures for the Terminals. Tesoro warrants that all vehicles permitted to enter the Terminals on behalf of Tesoro shall meet all requirements and standards promulgated by applicable regulatory authority including the Department of Transportation, the Occupational Safety and Health Administration, and the Environmental Protection Agency. Tesoro further Delek Refining warrants that it shall only send to the Terminals Facilities those employees, agents and other representatives acting on behalf of and at TesoroDelek Refining’s direction who have been properly instructed as to the characteristics and safe hauling methods associated with the Products to be loaded and hauled. Tesoro further Delek Refining agrees to be responsible to TLO for the Delek-Big Sandy fox xxx performance under this Agreement by its agents and/or representatives receiving Products at the TerminalsFacilities. (b) Tesoro shall withdraw from the Terminals only those Products that it is authorized to withdraw hereunder. Tesoro shall neither duplicate nor permit the duplication of any loading device (i.e., card lock access) provided hereunder. Tesoro shall be fully and solely responsible for all Products loaded through the use of the loading devices issued to Tesoro in accordance with this Agreement; provided, however; that Tesoro shall not have any responsibility or liability hereunder in the event that the load authorization system provided hereunder fails or malfunctions in any way unless a credit department override is provided, which authorizes Tesoro to load the Products. (c) Both Parties shall abide by all federal, state and local statutes, laws and ordinances and all rules and regulations which are promulgated by TLO and which are either furnished Delek-Big Sandy anx xxxnished to Tesoro Delek Refining or posted at the TerminalsFacilities, with respect to the use of the Terminals Facilities as herein provided. It is understood and agreed by Tesoro Delek Refining that these rules and regulations may be changed, amended or modified by TLO Delek-Big Sandy at any xxx time. All changes, amendments and modifications shall become binding upon Tesoro Delek Refining ten (10) days following the posting receipt by Delek Refining of a copy at the affected Terminals or the receipt by Tesoro of a copy, whichever occurs soonerthereof. (dc) For all purposes hereunder, TesoroDelek Refining’s jobbers, distributors, Carrierscarriers, haulers and other customers designated in writing or otherwise by Tesoro Delek Refining to have loading privileges under this Agreement or having possession of any loading device furnished to Tesoro Delek Refining pursuant to this Agreement, together with their respective officers, servants and employees, shall, when they access the TerminalsFacilities, be deemed to be representatives of TesoroDelek Refining and any such person shall enter into an appropriate access agreement with Delek Big-Sandy wixx xxspect to such access.

Appears in 2 contracts

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

PRODUCT DELIVERIES, RECEIPTS AND WITHDRAWALS. (a) 15.1 All supervised deliveries, receipts and withdrawals hereunder shall be made within the normal business hours of each Terminal and at such times as may be required by Tesoro WNR upon prior notice and approval by TLOWRT, all in accordance with the agreed-upon scheduling. Unsupervised deliveries, receipts and withdrawals shall be made only with TLOWRT’s prior approval and in strict accordance with TLOWRT’s current operating procedures for the Terminals. Tesoro WNR warrants that all vehicles permitted to enter the Terminals on behalf of Tesoro WNR shall meet all requirements and standards promulgated by applicable regulatory authority including the Department of Transportation, the Occupational Safety and Health Administration, and the Environmental Protection AgencyEPA. Tesoro WNR further warrants that it shall only send to the Terminals those employees, agents and other representatives acting on behalf of and at TesoroWNR’s direction who have been properly instructed as to the characteristics and safe hauling methods associated with the Products products to be loaded and hauled. Tesoro WNR further agrees to be responsible to TLO WRT for the performance under this Agreement by its third party agents and/or representatives receiving Products volumes at the Terminals. TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). (b) Tesoro 15.2 WNR shall withdraw from the Terminals only those Products volumes that it is authorized to withdraw hereunder. Tesoro WNR shall neither duplicate nor permit the duplication of any loading device (i.e., card lock access) provided hereunder. Tesoro WNR shall be fully and solely responsible for all Products volumes loaded through the use of the loading devices issued to Tesoro WNR in accordance with this Agreement; provided, however; that Tesoro WNR shall not have any responsibility or liability hereunder in the event that the load authorization system provided hereunder fails or malfunctions in any way unless a credit department override is provided, which authorizes Tesoro to load the Productsway. (c) 15.3 Both Parties shall abide by all federal, state and local statutes, laws and ordinances and all rules and regulations which are promulgated by TLO WRT and which are either furnished to Tesoro WNR or posted at the Terminals, with respect to the use of the Terminals as herein providedTerminals. It is understood and agreed by Tesoro WNR that these rules and regulations may be changed, amended or modified by TLO WRT at any time. All changes, amendments and modifications shall become binding upon Tesoro WNR ten (10) days following the posting of a copy at the affected Terminals or the receipt by Tesoro WNR of a copy, whichever occurs sooner. (d) 15.4 For all purposes hereunder, TesoroWNR’s jobbers, distributors, Carriers, haulers and other customers designated in writing or otherwise by Tesoro WNR to have loading privileges under this Agreement or having possession of any loading device furnished to Tesoro WNR pursuant to this Agreement, together with their respective officers, servants and employees, shall, when they access the Terminals, be deemed to be representatives of TesoroWNR.

Appears in 1 contract

Samples: Terminaling, Transportation and Storage Services Agreement (Western Refining Logistics, LP)

PRODUCT DELIVERIES, RECEIPTS AND WITHDRAWALS. (a) All supervised deliveries, receipts and withdrawals hereunder shall be made within the normal business hours of each Terminal and at such times as may be required by Tesoro upon prior notice and approval by TLO, all in accordance with the agreed-upon scheduling. Unsupervised deliveries, receipts and withdrawals shall be made only with TLO’s 's prior approval and in strict accordance with TLO’s 's current operating procedures for the Terminals. Tesoro warrants that all vehicles permitted to enter the Terminals on behalf of Tesoro shall meet all requirements and standards promulgated by applicable regulatory authority including the Department of Transportation, the Occupational Safety and Health Administration, and the Environmental Protection Agency. Tesoro further warrants that it shall only send to the Terminals those employees, agents and other representatives acting on behalf of and at Tesoro’s 's direction who have been properly instructed as to the characteristics and safe hauling methods associated with the Products to be loaded and hauled. Tesoro further agrees to be responsible to TLO for the performance under this Agreement by its agents and/or representatives receiving Products at the Terminals. (b) Tesoro shall withdraw from the Terminals only those Products that it is authorized to withdraw hereunder. Tesoro shall neither duplicate nor permit the duplication of any loading device (i.e., card lock access) provided hereunder. Tesoro shall be fully and solely responsible for all Products loaded through the use of the loading devices issued to Tesoro in accordance with this Agreement; provided, however; that Tesoro shall not have any responsibility or liability hereunder in the event that the load authorization system provided hereunder fails or malfunctions in any way unless a credit department override is provided, which authorizes Tesoro to load the Products. (c) Both Parties shall abide by all federal, state and local statutes, laws and ordinances and all rules and regulations which are promulgated by TLO and which are either furnished to Tesoro or posted at the Terminals, with respect to the use of the Terminals as herein provided. It is understood and agreed by Tesoro that these rules and regulations may be changed, amended or modified by TLO at any time. All changes, amendments and modifications shall become binding upon Tesoro ten (10) days following the posting of a copy at the affected Terminals or the receipt by Tesoro of a copy, whichever occurs sooner. (d) For all purposes hereunder, Tesoro’s 's jobbers, distributors, Carriers, haulers and other customers designated in writing or otherwise by Tesoro to have loading privileges under this Agreement or having possession of any loading device furnished to Tesoro pursuant to this Agreement, together with their respective officers, servants and employees, shall, when they access the Terminals, be deemed to be representatives of Tesoro.

Appears in 1 contract

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

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PRODUCT DELIVERIES, RECEIPTS AND WITHDRAWALS. (a) 15.1 All supervised deliveries, receipts and withdrawals hereunder shall be made within the normal business hours of each Terminal and at such times as may be required by Tesoro WNR upon prior notice and approval by TLOWRT, all in accordance with the agreed-upon scheduling. Unsupervised deliveries, receipts and withdrawals shall be made only with TLOWRT’s prior approval and in strict accordance with TLOWRT’s current operating procedures for the Terminals. Tesoro WNR warrants that all vehicles permitted to enter the Terminals on behalf of Tesoro WNR shall meet all requirements and standards promulgated by applicable regulatory authority including the Department of Transportation, the Occupational Safety and Health Administration, and the Environmental Protection AgencyEPA. Tesoro WNR further warrants that it shall only send to the Terminals those employees, agents and other representatives acting on behalf of and at TesoroWNR’s direction who have been properly instructed as to the characteristics and safe hauling methods associated with the Products products to be loaded and hauled. Tesoro WNR further agrees to be responsible to TLO WRT for the performance under this Agreement by its third party agents and/or representatives receiving Products volumes at the Terminals. (b) Tesoro 15.2 WNR shall withdraw from the Terminals only those Products volumes that it is authorized to withdraw hereunder. Tesoro WNR shall neither duplicate nor permit the duplication of any loading device (i.e., card lock access) provided hereunder. Tesoro WNR shall be fully and solely responsible for all Products volumes loaded through the use of the loading devices issued to Tesoro WNR in accordance with this Agreement; provided, however; that Tesoro WNR shall not have any responsibility or liability hereunder in the event that the load authorization system provided hereunder fails or malfunctions in any way unless a credit department override is provided, which authorizes Tesoro to load the Productsway. (c) 15.3 Both Parties shall abide by all federal, state and local statutes, laws and ordinances and all rules and regulations which are promulgated by TLO WRT and which are either furnished to Tesoro WNR or posted at the Terminals, with respect to the use of the Terminals as herein providedTerminals. It is understood and agreed by Tesoro WNR that these rules and regulations may be changed, amended or modified by TLO WRT at any time. All changes, amendments and modifications shall become binding upon Tesoro WNR ten (10) days following the posting of a copy at the affected Terminals or the receipt by Tesoro WNR of a copy, whichever occurs sooner. (d) 15.4 For all purposes hereunder, TesoroWNR’s jobbers, distributors, Carriers, haulers and other customers designated in writing or otherwise by Tesoro WNR to have loading privileges under this Agreement or having possession of any loading device furnished to Tesoro WNR pursuant to this Agreement, together with their respective officers, servants and employees, shall, when they access the Terminals, be deemed to be representatives of TesoroWNR. TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**).

Appears in 1 contract

Samples: Terminaling, Transportation and Storage Services Agreement (Western Refining Logistics, LP)

PRODUCT DELIVERIES, RECEIPTS AND WITHDRAWALS. (a) Product Deliveries. All supervised deliveries, receipts and withdrawals hereunder shall be made within the normal business hours of each Terminal and at such times as may be required by Tesoro TRMC upon prior notice and approval by TLO, all in accordance with the agreed-upon scheduling. Unsupervised deliveries, receipts and withdrawals shall be made only with TLO’s prior approval and in strict accordance with TLO’s current operating procedures for the Terminals. Tesoro TRMC warrants that all vehicles permitted to enter the Terminals on behalf of Tesoro TRMC shall meet all requirements and standards promulgated by applicable regulatory authority including the Department of Transportation, the Occupational Safety and Health Administration, and the Environmental Protection AgencyEPA. Tesoro TRMC further warrants that it shall only send to the Terminals those employees, agents and other representatives acting on behalf of and at TesoroTRMC’s direction who have been properly instructed as to the characteristics and safe hauling methods associated with the Products to be loaded and hauled. Tesoro TRMC further agrees to be responsible to TLO for the performance under this Agreement by its agents and/or representatives receiving or delivering Products at the Terminals. (b) Tesoro Loading Devices. TRMC shall withdraw from the Terminals only those Products that it is authorized to withdraw hereunder. Tesoro TRMC shall neither duplicate nor permit the duplication of any loading device (i.e., card lock access) ), provided hereunder. Tesoro TRMC shall be fully and solely responsible for all Products loaded through the use of the loading devices issued to Tesoro TRMC in accordance with this Agreement; providedprovided however, however; that Tesoro TRMC shall not have any responsibility or liability hereunder in the event that the load authorization system provided hereunder fails or malfunctions in any way unless a credit department override is provided, which authorizes Tesoro TRMC to load the Products. (c) Both Parties shall abide by all federal, state and local statutes, laws and ordinances and all rules and regulations which are promulgated by TLO and which are either furnished to Tesoro or posted at the Terminals, with respect to the use of the Terminals as herein provided. It is understood and agreed by Tesoro that these rules and regulations may be changed, amended or modified by TLO at any time. All changes, amendments and modifications shall become binding upon Tesoro ten (10) days following the posting of a copy at the affected Terminals or the receipt by Tesoro of a copy, whichever occurs sooner. (d) For all purposes hereunder, Tesoro’s jobbers, distributors, Carriers, haulers and other customers designated in writing or otherwise by Tesoro to have loading privileges under this Agreement or having possession of any loading device furnished to Tesoro pursuant to this Agreement, together with their respective officers, servants and employees, shall, when they access the Terminals, be deemed to be representatives of Tesoro.

Appears in 1 contract

Samples: Master Terminalling Services Agreement

PRODUCT DELIVERIES, RECEIPTS AND WITHDRAWALS. (a) 14.1 All supervised deliveries, receipts and withdrawals hereunder shall be made within the normal business hours of each Terminal Facility and at such times as may be required by Tesoro SPPR upon prior notice and approval by TLOWRT, all in accordance with the agreed-upon scheduling. Unsupervised deliveries, receipts and withdrawals shall be made only with TLOWRT’s prior approval and in strict accordance with TLOWRT’s current operating procedures for the TerminalsTerminal Facilities. Tesoro SPPR warrants that all vehicles permitted to enter the Terminals Terminal Facilities on behalf of Tesoro SPPR shall meet all requirements and standards promulgated by applicable regulatory TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH THREE ASTERISKS (***). authority including the Department of Transportation, the Occupational Safety and Health Administration, the EPA and the Environmental Protection AgencyUnited States Coast Guard. Tesoro SPPR further warrants that it shall only send to the Terminals Terminal Facilities those employees, agents and other representatives acting on behalf of and at TesoroSPPR’s direction who have been properly instructed as to the characteristics and safe hauling methods associated with the Products products to be loaded and hauled. Tesoro SPPR further agrees to be responsible to TLO WRT for the performance under this Agreement by its third party agents and/or representatives delivering or receiving Products volumes at the TerminalsTerminal Facilities. (b) Tesoro 14.2 SPPR shall withdraw from the Terminals Terminal Facilities only those Products volumes that it is authorized to withdraw hereunder. Tesoro SPPR shall neither duplicate nor permit the duplication of any loading device (i.e., card lock access) provided hereunder. Tesoro SPPR shall be fully and solely responsible for all Products volumes loaded through the use of the loading devices issued to Tesoro SPPR in accordance with this Agreement; provided, however; that Tesoro SPPR shall not have any responsibility or liability hereunder in the event that the load authorization system provided hereunder fails or malfunctions in any way unless a credit department override is provided, which authorizes Tesoro to load the Productsway. (c) 14.3 Both Parties shall abide by all federal, state and local statutes, laws and ordinances and all rules and regulations which are promulgated by TLO WRT and which are either furnished to Tesoro SPPR or posted at the TerminalsTerminal Facilities, with respect to the use of the Terminals as herein providedTerminal Facilities. It is understood and agreed by Tesoro SPPR that these rules and regulations may be changed, amended or modified by TLO WRT at any time. All changes, amendments and modifications shall become binding upon Tesoro SPPR ten (10) days following the posting of a copy at the affected Terminals Terminal Facilities or the receipt by Tesoro SPPR of a copy, whichever occurs sooner. (d) 14.4 For all purposes hereunder, TesoroSPPR’s jobbers, distributors, Carriers, haulers and other customers designated in writing or otherwise by Tesoro SPPR to have loading privileges under this Agreement or having possession of any loading device furnished to Tesoro SPPR pursuant to this Agreement, together with their respective officers, servants and employees, shall, when they access the TerminalsTerminal Facilities, be deemed to be representatives of TesoroSPPR.

Appears in 1 contract

Samples: Terminaling, Transportation and Storage Services Agreement (Western Refining Logistics, LP)

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