PRODUCT DELIVERIES, RECEIPTS AND WITHDRAWALS. (a) All deliveries, receipts and withdrawals hereunder shall be made in accordance with the agreed-upon scheduling. DKTS warrants that it shall only send to the Facilities those employees, agents and other representatives acting on behalf of and at DKTS’ direction who have been properly instructed as to the characteristics and safe hauling methods associated with the Products to be loaded and hauled. DKTS agrees to be responsible to Delek-Big Xxxxx for the performance under this Agreement by its agents and/or representatives receiving Products at the Facilities. (b) Both Parties shall abide by all federal, state and local statutes, laws and ordinances and all rules and regulations which are promulgated by Delek-Big Xxxxx and furnished to DKTS or posted at the Facilities, with respect to the use of the Facilities as herein provided. It is understood and agreed by DKTS that these rules and regulations may be changed, amended or modified by Delek-Big Xxxxx at any time. All changes, amendments and modifications shall become binding upon DKTS ten (10) days following receipt by DKTS of a copy thereof. (c) For all purposes hereunder, DKTS’ jobbers, distributors, carriers, haulers and other customers designated in writing or otherwise by DKTS to have loading privileges under this Agreement or having possession of any loading device furnished to DKTS pursuant to this Agreement, together with their respective officers, servants and employees, shall, when they access the Facilities, be deemed to be representatives of DKTS and any such person shall enter into an appropriate access agreement with Delek Big-Xxxxx with respect to such access.
Appears in 1 contract
