Common use of PRODUCT MEASUREMENT Clause in Contracts

PRODUCT MEASUREMENT. 8.1 Quantities of Product delivered to the Terminals and redelivered from the Storage Tanks shall be determined for deliveries and receipts by truck, rail, ship and barge volumes and shall be measured by one of the following methods: meter, scale weights, bills of lading, barge and ship gauges or terminal tank gauges. Absent fraud or manifest error, the quantities of Product in the Storage Tanks will be determined on a monthly basis by tank gauge readings on the last day of each month and, for the month of December, by a physical dipping of each storage tank. Unless indicated otherwise, quantity determinations will be based on a Barrel or Ton of Product and shall be determined in accordance with the latest established API/ASTM standards for the method of delivery. Gauging of Product received, delivered and in storage will be taken jointly by representatives of the Parties; provided, that if Customer does not have representatives present for gauging, Owner’s gauging will be conclusive, absent fraud or manifest error. Customer may use an Independent Inspector at its own expense. 8.2 Storage Tank meters and gauges will be certified and calibrated periodically and after each completion of a repair or replacement of a meter. Such repairs and replacements shall be at Owner’s expense. Such calibration shall be in accordance with the latest applicable API/ASTM standards. If a meter or gauge is determined by either Party to be defective or inoperative, such Party shall immediately notify the other Party, and it will be the responsibility of the Owner to promptly make repairs or replacements. In the event that Product was received into Storage Tanks having a faulty meter or gauge, the Parties will determine the correct volume of Product received. If the Parties are unable to determine and agree on the correct volume of Product received, they will appoint a mutually acceptable Independent Inspector to determine the correct quantity, and the findings of the Independent Inspector shall be final and binding on the Parties except for fraud or manifest error. The Parties shall share equally the cost of the Independent Inspector under this Section 8.2.

PRODUCT MEASUREMENT. 8.1 Quantities of Product received into and delivered to the Terminals and redelivered from the Storage Tanks System shall be determined as follows: (i) for pipeline deliveries and receipts, volumes shall be determined by pipeline meters, where applicable, and (ii) for deliveries and receipts by truck, rail, ship and barge volumes and shall be measured by one of the following methodsmethods in order of priority: meter, scale weights, bills of lading, barge (x) proven API-approved meters and ship gauges or (y) static terminal tank gauges. Absent fraud or manifest error, the quantities of Product in the Storage Tanks System at any time will be determined on a monthly basis by tank gauge readings on the last day from System inventory records of each month and, for the month of December, by a physical dipping of each storage tankreceipts and deliveries. Unless indicated otherwise, quantity determinations will be based on a Barrel or Ton of Product and shall be determined in accordance with the latest established API/ASTM standards for the method of delivery. All volumes shall be temperature corrected to 60°F in accordance with the latest supplement or amendment to ASTM-IP petroleum measurement tables (ASTM designated D#1250. table 6(b)). Gauging of Product received, delivered and in storage will be taken jointly by representatives of the Parties; provided, that if Customer does not have representatives present for gauging, Owner’s gauging will be conclusive, absent fraud or manifest error. Customer may use an Independent Inspector at its own expense. 8.2 Storage Tank System meters and gauges will be certified and calibrated periodically and after each completion of a repair or replacement of a meter. Such repairs and replacements shall be meter at Owner’s expense. Such calibration shall be in accordance with the latest applicable API/ASTM standards. If a meter or gauge is determined by either Party to be defective or inoperative, such Party shall immediately notify the other Party, and it will be the responsibility of the Owner to promptly make repairs or replacements. In the event that Product was received into Storage Tanks a System facility having a faulty meter or gauge, the Parties will determine the correct volume of Product received. If the Parties are unable to determine and agree on the correct volume of Product received, they will appoint a mutually acceptable Independent Inspector to determine the correct quantity, and the findings of the Independent Inspector shall be final and binding on the Parties except for fraud or manifest error. The Parties shall share equally the cost of the Independent Inspector under this Section 8.2.

PRODUCT MEASUREMENT. 8.1 Quantities of Product received into and delivered to the Terminals and redelivered from the Storage Tanks Terminal shall be determined as follows: (i) for pipeline deliveries and receipts, volumes shall be determined by pipeline meters or shore tank gauges, where applicable, and (ii) for deliveries and receipts by Vessel or truck, rail, ship and barge volumes and shall be measured by one of the following methodsmethods in order of priority: meter(x) proven API-approved meters, scale weights, bills of lading, barge and ship (y) static terminal tank gauges or terminal tank gaugesscales, as applicable. If tankage has movements in or out (active Tanks) during the measurement process, they shall be manually gauged and metered, if applicable and as necessary, and corrected in the reasonable judgment of Owner to reflect actual quantities received into and delivered from such active Tanks. Absent fraud or manifest error, the quantities of Product Products in the Storage Tanks storage at any time will be determined on a monthly basis by tank gauge readings on the last day from Terminal inventory records of each month and, for the month of December, by a physical dipping of each storage tankreceipts and deliveries. Unless indicated otherwise, quantity determinations will be based on a Barrel or Ton of Product and shall be determined in accordance with the latest established API/ASTM standards for the method of delivery. All volumes shall be temperature corrected to 60°F in accordance with the latest supplement or amendment to ASTM-IP petroleum measurement tables (ASTM designated D#1250. table 6(b)). Gauging of Product received, delivered and in storage will be taken jointly by representatives of the Parties; provided, that if Customer does not have representatives present for gauging, Owner’s 's gauging will be conclusive, absent fraud or manifest error. Customer may use an Independent Inspector at its own expense. 8.2 Storage Tank Terminal meters and gauges scales will be certified and calibrated periodically and after upon each completion of a repair or replacement of a meter. Such repairs and replacements shall be , at Owner’s the meter or scale owner's expense. Such calibration shall be in accordance with the latest applicable API/ASTM standards. If a meter or gauge scale is determined by either Party to be defective or inoperative, such Party shall immediately notify the other Party, and it will be the responsibility of the Owner to promptly make repairs or replacements. In the event that Product was received into Storage Tanks or delivered through a facility having a faulty an inoperative or defective meter or gaugescale will be measured based upon before and after static Tank gauges and any active Tanks measured in accordance with Section 8.1. In such event, the Parties will determine the correct volume of Product received. If the Parties are unable to determine and agree on the correct volume of Product received, they will shall appoint a mutually acceptable Independent Inspector to determine gauge the correct quantity, applicable Tanks and the findings of the Independent Inspector shall be final and binding on the Parties Parties, except for fraud or manifest error. The Parties shall share equally the cost of the Independent Inspector under this Section 8.2.

PRODUCT MEASUREMENT. 8.1 Quantities of Product delivered to the Terminals and redelivered from the Storage Tanks shall be determined for deliveries and receipts by truck, rail, ship and barge volumes and shall be measured by one of the following methods: meter, scale weights, bills of lading, barge and ship gauges or terminal tank gauges. Absent fraud or manifest error, the quantities of Product in the Storage Tanks at any time will be determined on a monthly basis by tank gauge readings on the last day from inventory records of each month and, for the month of December, by a physical dipping of each storage tankreceipts and deliveries. Unless indicated otherwise, quantity determinations will be based on a Barrel or Ton of Product and shall be determined in accordance with the latest established API/ASTM standards for the method of delivery. Gauging of Product received, delivered and in storage will be taken jointly by representatives of the Parties; provided, that that, after reasonable advance notice, if Customer does not have representatives present for gauging, Owner’s gauging will be conclusive, absent fraud or manifest error. Customer may use an Independent Inspector at its own expense. 8.2 Storage Tank meters and gauges will be certified and calibrated periodically and after each completion of a repair or replacement of a meter. Such repairs and replacements shall be at Owner’s expense. Such calibration shall be in accordance with the latest applicable API/ASTM standards. If a meter or gauge is determined by either Party to be defective or inoperative, such Party shall immediately notify the other Party, and it will be the responsibility of the Owner to promptly make repairs or replacements. In the event that Product was received into Storage Tanks having a faulty meter or gauge, the Parties will determine the correct volume of Product received. If the Parties are unable to determine and agree on the correct volume of Product received, they will appoint a mutually acceptable Independent Inspector to determine the correct quantity, and the findings of the Independent Inspector shall be final and binding on the Parties except for fraud or manifest error. The Parties shall share equally the cost of the Independent Inspector under this Section 8.2.

PRODUCT MEASUREMENT. 8.1 Quantities of Product received into and delivered to the Terminals and redelivered from the Storage Tanks Terminal shall be determined as follows: (a) for deliveries and receipts by Vessel, volumes shall be measured by the following methods in order of priority: (i) proven API-approved meters, (ii) static terminal tank gauges or scales, as applicable. (b) for deliveries and receipts by truck, rail, ship and barge volumes and shall be measured by one of the following methodsmethods in order of priority: meter(i) static calibrated scales, scale weights(ii) proven API-approved meters, bills of lading, barge and ship gauges or (iii) static terminal tank gauges, as applicable. At no time shall Owner gauge, measure, witness, or confirm any measurements on a Vessel. If tankage has movements in or out (active Tanks) during the measurement process, they shall be manually gauged and metered, if applicable and as necessary, and corrected in the reasonable judgment of Owner to reflect actual quantities received into and delivered from such active Tanks. Absent fraud or manifest error, the quantities of Product Products in the Storage Tanks storage at any time will be determined on a monthly basis by tank gauge readings on the last day from Terminal inventory records of each month and, for the month of December, by a physical dipping of each storage tankreceipts and throughput. Unless indicated otherwise, quantity determinations will be based on a Barrel or Ton of Product and shall be determined in accordance with the latest established API/ASTM standards for the method of delivery. All volumes shall be temperature corrected to 60°F in accordance with the latest supplement or amendment to ASTM-IP petroleum measurement tables (ASTM designated D#1250. table 6(b)). Gauging of Product receivedreceipt, delivered throughput and in storage will be taken jointly by representatives of the Parties; provided, however, that if Customer does not have representatives present for gauging, Owner’s gauging will be conclusive, absent fraud or manifest error. Customer may use an Independent Inspector at its own expense. 8.2 Storage Tank Terminal meters and gauges scales will be certified calibrated periodically, at least to the frequency defined by the State of Florida, and calibrated periodically and after upon each completion of a repair or replacement of a meter. Such repairs and replacements shall be , at Ownerthe meter or scale owner’s expense. Such calibration shall be in accordance with the latest applicable API/ASTM standards. If a meter or gauge scale is determined by either Party to be defective or inoperative, such Party shall immediately notify the other Party, and it will be the responsibility of the Owner to promptly make repairs or replacements. In the event that Product was received into Storage Tanks or delivered through a facility having a faulty an inoperative or defective meter or gaugescale will be measured based upon before and after static Tank gauges and any active Tanks measured in accordance with Section 8.1. In such event, the Parties will determine the correct volume of Product received. If the Parties are unable to determine and agree on the correct volume of Product received, they will shall appoint a mutually acceptable Independent Inspector to determine gauge the correct quantity, applicable Tanks and the findings of the Independent Inspector shall be final and binding on the Parties Parties, except for fraud or manifest error. The Parties shall share equally the cost of the Independent Inspector under this Section 8.2.

PRODUCT MEASUREMENT. 8.1 Quantities of Product received into and delivered to the Terminals and redelivered from the Storage Tanks Terminal shall be determined as follows: (i) for pipeline deliveries and receipts, volumes shall be determined by pipeline meters or shore tank gauges, where applicable, and (ii) for deliveries and receipts by Vessel or truck, rail, ship and barge volumes and shall be measured by one of the following methodsmethods in order of priority: meter(x) proven API-approved meters, scale weights, bills of lading, barge and ship (y) static terminal tank gauges or terminal tank gaugesscales, as applicable. If tankage has movements in or out (active Tanks) during the measurement process, they shall be manually gauged and metered, if applicable and as necessary, and corrected in the reasonable judgment of Owner to reflect actual quantities received into and delivered from such active Tanks. Absent fraud or manifest error, the quantities of Product Products in the Storage Tanks storage at any time will be determined on a monthly basis by tank gauge readings on the last day from Terminal inventory records of each month and, for the month of December, by a physical dipping of each storage tankreceipts and deliveries. Unless indicated otherwise, quantity determinations will be based on a Barrel or Ton of Product and shall be determined in accordance with the latest established API/ASTM standards for the method of delivery. All volumes shall be temperature corrected to 60°F in accordance with the latest supplement or amendment to ASTM-IP petroleum measurement tables (ASTM designated D#1250. table 6(b)). Gauging of Product received, delivered and in storage will be taken jointly by representatives of the Parties; provided, that if Customer does not have representatives present for gauging, Owner’s gauging will be conclusive, absent fraud or manifest error. Customer may use an Independent Inspector at its own expense. 8.2 Storage Tank Terminal meters and gauges scales will be certified and calibrated periodically and after upon each completion of a repair or replacement of a meter. Such repairs and replacements shall be , at Ownerthe meter or scale owner’s expense. Such calibration shall be in accordance with the latest applicable API/ASTM standards. If a meter or gauge scale is determined by either Party to be defective or inoperative, such Party shall immediately notify the other Party, and it will be the responsibility of the Owner to promptly make repairs or replacements. In the event that Product was received into Storage Tanks or delivered through a facility having a faulty an inoperative or defective meter or gaugescale will be measured based upon before and after static Tank gauges and any active Tanks measured in accordance with Section 8.1. In such event, the Parties will determine the correct volume of Product received. If the Parties are unable to determine and agree on the correct volume of Product received, they will shall appoint a mutually acceptable Independent Inspector to determine gauge the correct quantity, applicable Tanks and the findings of the Independent Inspector shall be final and binding on the Parties Parties, except for fraud or manifest error. The Parties shall share equally the cost of the Independent Inspector under this Section 8.2.

PRODUCT MEASUREMENT. 8.1 Quantities of Product received into and delivered to the Terminals and redelivered from the Storage Tanks System shall be determined as follows: (i) for pipeline deliveries and receipts, volumes shall be determined by pipeline meters, where applicable, and (ii) for deliveries and receipts by truck, rail, ship and barge volumes and shall be measured by one of the following methodsmethods in order of priority: meter, scale weights, bills of lading, barge (x) proven API-approved meters and ship gauges or (y) static terminal tank gauges. Absent fraud or manifest error, the quantities of Product in the Storage Tanks System at any time will be determined on a monthly basis by tank gauge readings on the last day from System inventory records of each month andreceipts and deliveries, for the month of December, by a physical dipping of each storage tankas well as from beginning inventory balances. Unless indicated otherwise, quantity determinations will be based on a Barrel or Ton of Product and shall be determined in accordance with the latest established API/ASTM standards for the method of delivery. All volumes shall be temperature corrected to 60°F in accordance with the latest supplement or amendment to ASTM-IP petroleum measurement tables (ASTM designated D#1250.table 6(b)). Gauging of Product received, delivered and in storage will be taken jointly by representatives of the Parties; provided, that if Customer does not have representatives present for gauging, Owner’s gauging will be conclusive, absent fraud or manifest error. Customer may use an Independent Inspector at its own expense. 8.2 Storage Tank meters and gauges Custody Transfer Meters will be certified and calibrated periodically and after each completion of a repair or replacement of a meter. Such repairs and replacements shall be meter at Owner’s expense. Upon reasonable request by Customer, Owner will provide Customer the results of the calibration and will allow Customer to observe the calibration of the meters and gauges. Customer may reasonably request Owner to calibrate Custody Transfer Meters if at least sixty (60) days has passed since the previous calibration. Such calibration shall be in accordance with the latest applicable API/ASTM standards. If a meter or gauge Custody Transfer Meter is determined by either Party to be defective or inoperative, such Party shall immediately notify the other PartyParty in writing, and it will be the responsibility of the Owner to promptly make repairs or replacements. In the event that Product was received into Storage Tanks a System facility having a faulty meter or gaugeCustody Transfer Meter, the Parties will determine the correct volume of Product received. If the Parties are unable to determine and agree on the correct volume of Product receivedreceived during the fifteen (15) day period following written notice being provided regarding a defective or inoperative Custody Transfer Meter (“Meter Resolution Period”), they will appoint a mutually acceptable Independent Inspector to determine the correct quantity, and . If the findings Parties are unable to agree on a single Independent Inspector within fifteen (15) days after the end of the Meter Resolution Period, then the Parties will each appoint one (1) independent party, who will jointly select a third independent party within thirty (30) days after the end of the Meter Resolution Period, which will collectively constitute the Independent Inspector. The Independent Inspector shall deliver its determination to the Parties within thirty (30) days from the date of its engagement. The Independent Inspector’s report shall be final and binding on upon the Parties Parties, except for fraud or manifest error. The Parties shall share equally the cost of the Independent Inspector Inspector’s engagement and report shall be shared fifty percent (50%) by Owner and fifty percent (50%) by Customer under this Section 8.2.

PRODUCT MEASUREMENT. 8.1 Quantities of Product received into and delivered to from the Terminals and redelivered from the Storage Tanks shall be determined as follows: (a) for pipeline deliveries and receipts, volumes shall be determined by pipeline meters or shore tank gauges, where applicable, and (b) for deliveries and receipts by Vessel or truck, rail, ship and barge volumes and shall be measured by one of the following methodsmethods in order of priority: meter(i) proven API-approved meters, scale weights, bills of lading, barge and ship (ii) static terminal tank gauges or terminal tank gaugesscales, as applicable. If tankage has movements in or out (active Tanks) during the measurement process, they shall be manually gauged and metered, if applicable and as necessary, and corrected as determined by an Independent Inspector (or in the absence of an Independent Inspector, in the reasonable judgment of TPSI) to reflect actual quantities received into and delivered from such active Tanks. Absent fraud or manifest error, the quantities of Product Products in the Storage Tanks storage at any time will be determined on a monthly basis by tank gauge readings on the last day from Terminal inventory records of each month and, for the month of December, by a physical dipping of each storage tankreceipts and Throughput. Unless indicated otherwise, quantity determinations will be based on a Barrel or Ton of Product and shall be determined in accordance with the latest established API/ASTM standards for the method of deliverymeasuring and sampling. All volumes shall be temperature corrected to 60°F in accordance with the latest supplement or amendment to ASTM-IP petroleum measurement tables (ASTM designated D#1250. table 6(b)). Gauging of Product receivedreceipt, delivered Throughput and in storage will be taken jointly by representatives of the Parties; provided, however, that if Customer Valero does not have representatives a representative or Independent Inspector present for gauging, Owner’s TPSI's gauging and measurements will be conclusive, absent fraud or manifest error. Customer Valero may use an Independent Inspector at any time at its own expense. 8.2 Storage Tank Terminal meters and gauges scales will be certified and calibrated periodically and after by an independent party no less than semi-annually as well as upon each completion of a repair or replacement of a meter. Such repairs and replacements shall be , at Owner’s the meter or scale owner's expense. Such calibration shall be in accordance with the latest applicable API/ASTM standardsguidelines and Applicable Law. If a meter or gauge scale is determined by either Party to be defective or inoperative, such Party shall immediately notify the other Party, and it will be the responsibility of the Owner TPSI to promptly make repairs or replacements. In addition to the foregoing, Valero may request calibration or proving of the Terminal meters and/or scales at any time; provided, however, that in the event such calibration or proving reveal that Product was received into Storage Tanks having a faulty the meter or gaugescale was accurate, then Valero shall bear all expenses related to such calibration or proving. Product received or delivered through a facility having an inoperative or defective meter or scale will be measured based upon before and after static Tank gauges and any active Tanks measured in accordance with Section 8.1. In such event, the Parties will determine the correct volume of Product received. If the Parties are unable to determine and agree on the correct volume of Product received, they will shall appoint a mutually acceptable Independent Inspector to determine gauge the correct quantity, applicable Tanks and the findings of the Independent Inspector shall be final and binding on the Parties Parties, except for fraud or manifest error. The Except as otherwise provided herein, the Parties shall share equally the cost of the Independent Inspector independent party under this Section 8.2. 8.3 Except as provided in Section 8 of Attachment "A" hereto, all shore Tanks shall have slotted standpipes for gauging and sampling purposes pursuant to applicable API/ASTM guidelines and Applicable Law. Tanks shall be calibrated with strapping tables no older than fifteen (15) years meeting applicable API/ASTM guidelines and certified by an independent tank calibration company. Any Tanks that have undergone, or which in the future undergo, modification or repair shall be recalibrated promptly before being placed back into service.

PRODUCT MEASUREMENT. 8.1 Quantities of Product delivered to the Terminals and redelivered from the Storage Tanks shall be determined for deliveries and receipts by truck, rail, ship and barge volumes and shall be measured by one of the following methods: meter, scale weights, bills of lading, barge and ship gauges or terminal tank gauges. Absent fraud or manifest error, the quantities of Product in the Storage Tanks at any time will be determined on a monthly basis by tank gauge readings on the last day from inventory records of each month and, for the month of December, by a physical dipping of each storage tankreceipts and deliveries. Unless indicated otherwise, quantity determinations will be based on a Barrel or Ton of Product and shall be determined in accordance with the latest established API/ASTM standards for the method of delivery. Gauging of Product received, delivered and in storage will be taken jointly by representatives of the Parties; provided, that if Customer does not have representatives present for gauging, Owner’s gauging will be conclusive, absent fraud or manifest error. Customer may use an Independent Inspector at its own expense. 8.2 Storage Tank meters and gauges will be certified and calibrated periodically and after each completion of a repair or replacement of a meter. Such repairs and replacements shall be at Owner’s expense. Such calibration shall be in accordance with the latest applicable API/ASTM standards. If a meter or gauge is determined by either Party to be defective or inoperative, such Party shall immediately notify the other Party, and it will be the responsibility of the Owner to promptly make repairs or replacements. In the event that Product was received into Storage Tanks having a faulty meter or gauge, the Parties will determine the correct volume of Product received. If the Parties are unable to determine and agree on the correct volume of Product received, they will appoint a mutually acceptable Independent Inspector to determine the correct quantity, and the findings of the Independent Inspector shall be final and binding on the Parties except for fraud or manifest error. The Parties shall share equally the cost of the Independent Inspector under this Section 8.2.