Common use of Product Quality Standards and Requirements Clause in Contracts

Product Quality Standards and Requirements. 5.1 Customer warrants to Owner that all Product tendered by or for the account of Customer for receipt into the Terminals and Storage Tanks will conform to the specifications for such Product set forth in Attachment “B”, attached to this Agreement and included in it for all purposes by this reference, and will comply with industry standards and all Applicable Law. Owner may rely upon the specifications and representations of Customer, if any, set forth in the Scheduling Notice described in Section 4.2 as to Product quality. Owner will not be obligated to receive Product into the Terminals and Storage Tanks that is contaminated or that otherwise fails to meet the specifications set forth on Attachment “B”, nor will Owner be obligated to accept Product that fails to meet Product grade, if any, set forth in the Scheduling Notice. Should Owner remove or dispose of or otherwise treat the Product for any water or other material or contaminants in or associated with the Product at any time, Customer shall pay or reimburse all costs and expense associated with such removal, disposal or treatment. 5.2 The quality of Product tendered into the Terminals and Storage Tanks for Customer’s account may be verified either by Customer’s laboratory analysis, or by an Independent Inspector’s analysis indicating that the Product so tendered meets minimum Product specifications, if any, set forth in the Scheduling Notice. Such analysis may be conducted on a periodic basis in accordance with a quality compliance program implemented by Customer, which program shall be subject to the approval of Owner, which approval shall not be unreasonably withheld. All costs associated with such compliance program shall be borne by Customer. Upon reasonable notice to Customer, Owner, at its expense, may sample any Product tendered to Owner for Customer’s account for the purpose of confirming the accuracy of the analysis. 5.3 Unless Owner has provided Segregated Service for the Product, Owner may commingle fungible Products received from or on behalf of Customer with those fungible products of other Third Parties using the Storage Tanks. Each Party may at all reasonable times conduct appropriate tests to determine whether Product meets the applicable specifications set forth in the Scheduling Notice. Owner will be liable to Customer by reason of contamination of Product occurring at the Terminals or in the Storage Tanks that causes the Product to fail to meet specifications, but only to the extent such contamination involves a Product Loss. In all other cases, Customer shall indemnify Owner for any Liability incurred by Owner to parties who purchase Product from Customer.

Product Quality Standards and Requirements. 5.1 Customer warrants to Owner that all Product tendered by or for the account of Customer for receipt into on the Terminals and Storage Tanks System will conform to the specifications for such Product set forth in Attachment “B”, attached to this Agreement and included in it for all purposes by this reference, and will comply with industry standards and all Applicable Law. Owner may rely upon the specifications and representations of Customer, if any, set forth in the Scheduling Notice described in Section 4.2 as to Product quality. Owner will not be obligated to receive Product into the Terminals and Storage Tanks System that is contaminated or that otherwise fails to meet the specifications set forth on Attachment “B”those specifications, nor will Owner be obligated to accept Product that fails to meet Product grade, if any, set forth in the Scheduling Notice. Should Owner remove or dispose of or otherwise treat the Product for any water or other material or contaminants in or associated with the Product at any time, Customer shall pay or reimburse all costs and expense associated with such removal, disposal or treatment. 5.2 The quality of Product tendered into the Terminals and Storage Tanks System for Customer’s account may be verified either by Customer’s laboratory analysis, or by an Independent Inspector’s analysis indicating that the Product so tendered meets minimum Product specifications, if any, set forth in the Scheduling Notice. Such analysis may be conducted on a periodic basis in accordance with a quality compliance program implemented by Customer, which program shall be subject to the approval of Owner, which approval shall not be unreasonably withheld. All costs associated with such compliance program shall be borne by Customer. Upon reasonable notice to Customer, Owner, at its expense, may sample any Product tendered to Owner for Customer’s account for the purpose of confirming the accuracy of the analysis. 5.3 Unless Owner has provided Segregated Service for the Product, Owner may commingle fungible Products received from or on behalf of Customer with those fungible products of other Third Parties using the Storage TanksSystem. Each Party may at all reasonable times conduct appropriate tests to determine whether Product meets the applicable specifications set forth in the Scheduling Notice. Owner will be liable to Customer by reason of contamination of Product occurring at the Terminals or in the Storage Tanks System that causes the Product to fail to meet specifications, but only to the extent such contamination involves a Product Loss. In all other cases, Customer shall indemnify Owner for any Liability incurred by Owner to parties Parties who purchase Product from Customer.

Product Quality Standards and Requirements. 5.1 Customer warrants to Owner that all Product tendered by or for the account of Customer for receipt into the Terminals and Storage Tanks will (i) conform to the specifications for such Product set forth in Attachment “B”Specifications, attached to this Agreement and included in it for all purposes by this reference, and will (ii) comply with industry standards and (iii) comply with all Applicable Law. Owner may rely upon the specifications Specifications and representations of Customer, if any, set forth in the Scheduling Notice described in Section 4.2 as to Product quality. Owner will not be obligated to receive Product into the Terminals and any Terminal or Storage Tanks Tank that is contaminated or that otherwise fails to meet the specifications set forth on Attachment “B”Specifications, nor will Owner be obligated to accept Product that fails to meet Product grade, if any, set forth in the Scheduling Notice. Notwithstanding anything in this Section 5, but subject to Section 5.5, Customer may tender by or for the account of Customer for receipt into any Terminal or Storage Tank, Product that does not conform to the Specifications for blending with other Product that, following blending with the non-conforming Product, shall conform to any applicable Specifications. Should Owner remove or dispose of or otherwise treat the Product for any water or other material or contaminants in or associated with the Product at any time, Customer shall pay or reimburse all costs and expense associated with such removal, disposal or treatment. Owner shall not remove or dispose of or otherwise treat the Product for any water or other material or containment without the prior approval of Customer. 5.2 Owner may randomly test delivered Product to ensure it is not contaminated and otherwise meets the applicable Specifications. If Customer’s Product does not meet the Specifications or Owner has not received a prior written waiver for unloading said Product, Owner shall contact a representative of Customer before unloading Product at the applicable Terminal and shall not unload such Product without first obtaining Customer’s approval. Customer acknowledges and agrees that it shall be responsible for any reasonable delay costs (including, but not limited to, demurrage, transportation costs and energy costs) incurred by Owner for handling, re-delivering and/or waiting for Customer’s decision with respect to Product not meeting the Specifications. Customer understands it is responsible for all field performance issues related to any Product delivered by Customer to Owner and/or any Product delivered by Owner to Customer under this Agreement. 5.3 The quality of Product tendered into the Terminals and Storage Tanks for Customer’s account may be verified either by Customer’s laboratory analysis, or by an Independent Inspector’s analysis indicating that the Product so tendered meets the minimum Product specificationsSpecifications, if any, set forth in the Scheduling Noticeas applicable. Such analysis may be conducted on a periodic basis in accordance with a quality compliance program implemented by Customerthe applicable agency plan, changes to which program shall be subject to the approval of Owner, which approval shall not be unreasonably withheld, conditioned or delayed. All costs associated with such compliance program shall be borne by Customer. Upon reasonable notice to Customer, Owner, at its expense, may sample any Product tendered to Owner for Customer’s account for the purpose of confirming the accuracy of the analysis. 5.3 Unless Owner has provided Segregated Service for the Product, Owner may commingle fungible Products received from or on behalf of Customer with those fungible products of other Third Parties using the Storage Tanks. 5.4 Each Party may at all reasonable times and without unreasonable disruption to the other Party’s operations conduct appropriate tests to determine whether Product meets the applicable specifications set forth in the Scheduling NoticeSpecifications. Owner will be liable to Customer for any Liability incurred by Customer by reason of contamination of Product occurring at the Terminals or in the Storage Tanks any Terminal that causes the Product to fail to meet specificationsSpecifications, but only to the extent such contamination involves a Product Loss. In all other cases, Customer shall indemnify Owner for any Liability incurred by Owner to parties who purchase Product from Customer. 5.5 If, at any time during the Term, there is a material change in the Product, Specifications or Services hereunder that would result in a material increase in costs to Owner hereunder, then the Parties will use commercially reasonable efforts to modify this Agreement and/or the fees payable by Customer hereunder as necessary to reflect such cost increase on such terms as are mutually agreed by the Parties.

Product Quality Standards and Requirements. 5.1 Customer warrants to Owner that all Product tendered by or for the account of Customer for receipt into by the Terminals and Storage Tanks Terminal will conform to the specifications for such Product set forth in Attachment “B”, attached to this Agreement and included in it for all purposes by this reference, "A-3" and will comply with industry standards Good Industry Practice and all Applicable Law. Owner may rely upon the specifications and representations of Customer, if any, set forth in the Scheduling Notice described in Section 4.2 as to Product quality. Owner will not be obligated to receive or accept Product into the Terminals and Storage Tanks Terminal that is contaminated contaminated, or that otherwise fails to meet the required quality specifications. Owner may rely upon the analysis of the Independent Inspector as well as the specifications set forth on Attachment “B”, nor will Owner be obligated to accept Product that fails to meet Product grade, if any, and representations of Customer set forth in the Scheduling NoticeArrival Notice as to Product quality. Should Owner remove or and dispose of or otherwise treat the Product for any water or other material or contaminants in or associated with the Customer's Product at any time, Customer shall pay or reimburse all Owner for Owner's actual costs and expense associated expenses incurred with respect to such removal, disposal or treatmentremoval and disposal. 5.2 The quality of Product tendered into the Terminals and Storage Tanks Terminal for Customer’s 's account may must be verified either by Customer’s 's laboratory analysis, or by an Independent Inspector’s 's analysis indicating that the Product so tendered meets Owner's minimum Product specifications, if any, specifications set forth in the Scheduling NoticeSection 5.1. Such analysis may be conducted on a periodic basis in accordance with a quality compliance program implemented by Customer, which program shall be subject to the approval of Owner, which approval shall not be unreasonably withheld. All costs associated with such compliance program shall be borne by Customer. Upon reasonable notice to Customer, Owner, at its expense, may sample any Product tendered to Owner for Customer’s 's account for the purpose of confirming the accuracy of the analysis. 5.3 Unless Owner has provided Segregated Service for the Product, Customer's storage of Product hereunder is segregated (unless noted by Tank in Attachment "B") and Owner may not commingle fungible Products received from or on behalf of Customer with those fungible products of other Third Parties using the Storage TanksTerminal without Customer's consent. Prior to the time of each receipt from Customer, Customer shall deliver, or cause to be delivered, to Owner a certificate setting forth the quality, grade and other specifications of the Product; provided that Customer shall utilize its best efforts to provide such certificate to Owner at least twenty-four (24) hours prior to such receipt. 5.4 Each Party may at all reasonable times conduct make appropriate tests to determine whether Customer's Product stored or delivered meets the applicable specifications set forth in the Scheduling Noticerequired Product quality specifications. Owner will shall be liable to Customer for damages incurred by reason of contamination of Product occurring at the Terminals or Product, while in the Storage Tanks that Owner's custody, which causes the such Product to fail to meet the required Product quality specifications. Owner shall not be liable to Customer for any damages in the event Customer or Customer's agent delivers Product into the Terminal which does not meet the required Product quality specifications. 5.5 In connection with the storage in any Tank of Product governed by the ultra low sulfur diesel ("ULSD") program of the United States Environmental Protection Agency (the "EPA"), but only the Parties shall submit a "Diesel Programs Facility Registration" form to the extent EPA for the following "Facility Activities": (i) with respect to Owner, "Pipeline or Pass-Through Terminal," and (ii) with respect to Customer, "Refinery" and "Import Facility." Each Party shall maintain such contamination involves a Product Lossregistration in full force and effect during the Term. In the event of (i) any change to such EPA program or any guidance or Applicable Law related thereto, or (ii) any amendment to such EPA form which affects the above-referenced registration, each Party shall update its registrations accordingly and the Parties will cooperate with each other in connection therewith. As set forth in EPA's regulations and accompanying guidance, Owner covenants and agrees to comply with the EPA ULSD program. In its role as a "distributor" and terminal, Owner shall be responsible for: (i) reporting all receipts and deliveries of Customer's Products, including volumes and designations, (ii) properly administering the product transfer document requirements, (iii) compliance with all applicable recordkeeping and reporting requirements, (iv) the redesignation of Products as necessary, (v) compliance with the downgrade provision for highway diesel fuel, and (vi) any and all other cases, Customer shall indemnify Owner "distributor" or terminal requirements set forth in Applicable Law related to the EPA ULSD program. In the event of any uncertainty with respect to responsibility for any Liability incurred duties under the EPA ULSD program, the Parties shall mutually agree to take all necessary or appropriate steps to resolve such uncertainty, including consultation with EPA. Each Party agrees to indemnify the other Party for any losses or liabilities arising from its failure to comply with its obligations under the EPA ULSD program, as set forth in this Agreement. 5.6 Customer agrees to maintain the level of Product in each Tank at the level that Owner reasonably deems necessary, in accordance with Good Industry Practice, for the safe operation of the Terminals and Tanks (including the right to lock down Tanks) in the event of weather-related emergencies such as hurricanes. Owner, at its reasonable discretion, may add water to any Tank in the event Customer's level of Product is insufficient to achieve the required safety levels of Product in such Tank. If water is added due to insufficient levels of Product, such water shall be removed by Owner to parties who purchase Product from at Customer's expense.

Product Quality Standards and Requirements. 5.1 Customer warrants to Owner that all Product and Additives tendered by or for the account of Customer for receipt into the Terminals and Storage Tanks Asphalt Facilities will conform to (or following the specifications for such Product set forth combination of Materials and Additives in Attachment “B”accordance with the Specifications, attached to this Agreement and included in it for all purposes by this reference, and will comply with industry standards and all Applicable Lawconform to) the Specifications. Owner may rely upon the specifications Specifications and representations of Customer, if any, set forth in the Scheduling Notice described in Section 4.2 as to the quality of Product qualityand Additive. Owner will not be obligated to receive Product or Additives into the Terminals and Storage Tanks any Asphalt Facility that is contaminated or that otherwise fails to meet the specifications set forth on Attachment “B”Specifications, nor will Owner be obligated to accept Product or Additive that fails to meet Product the grade, if any, set forth in the Scheduling Notice. Should Owner remove or dispose of or otherwise treat the Product for any water or other material or contaminants in or associated with the Product at any time, Customer shall pay or reimburse all costs and expense associated with such removal, disposal or treatment. Owner shall not remove or dispose of or otherwise treat the Product for any water or other material or containment without the prior approval of Customer. 5.2 Owner may subject delivered Product to random testing either by Customer’s laboratory analysis, or by an Independent Inspector’s analysis to ensure it is not contaminated and otherwise meets the applicable Specifications. If Product does not meet the Specifications, Owner shall not be obligated to unload such Product and shall contact a representative of Customer before unloading Product at the Asphalt Facilities to mutually agree on any modifications to the procedures and fees hereunder required by Owner for the unloading of such Product, including as provided in Section 4.5 and Section 5.5. Customer acknowledges and agrees that it shall be responsible for any reasonable delay costs incurred by Owner for handling, re-delivering and/or waiting for Customer’s decision with respect to Product not meeting the Specifications. Customer understands it is responsible for all field performance issues related to any Product delivered by Customer to Owner and/or any Product delivered by Owner to Customer under this Agreement. 5.3 The quality of Product and Additives tendered into the Terminals and Storage Tanks Asphalt Facilities for Customer’s account may be verified either by Customer’s laboratory analysis, or by an Independent Inspector’s analysis indicating that the Product or Additives so tendered meets minimum Product specificationsthe Specifications, if any, set forth in the Scheduling Noticeas applicable. Such analysis may be conducted on a periodic basis in accordance with a quality compliance program implemented by Customerthe applicable agency plan, changes to which program shall be subject to the approval of Owner, which approval shall not be unreasonably withheld, conditioned or delayed. All costs associated with such compliance program shall be borne by Customer. Upon reasonable notice to Customer, Owner, at its expense, may sample any Product or Additives tendered to Owner for Customer’s account for the purpose of confirming the accuracy of the analysis. 5.3 Unless Owner has provided Segregated Service for the Product, Owner may commingle fungible Products received from or on behalf of Customer with those fungible products of other Third Parties using the Storage Tanks. 5.4 Each Party may at all reasonable times and without unreasonable disruption to the other Party’s operations conduct appropriate tests to determine whether Product meets or Additives meet the applicable specifications set forth in Specifications. Subject to the Scheduling Notice. last sentence of Section 5.2, Owner will be liable to Customer for any Loss incurred by Customer by reason of contamination of Product or Additives occurring at the Terminals or in the Storage Tanks any Asphalt Facility that causes the Product to fail to meet specificationsSpecifications, but only to the extent such contamination involves a Product Loss. In all other casesLoss and is not a result of a Customer Responsibility or caused by the negligence or willful misconduct of Customer or any of its Affiliates, or their employees, directors, officers, representatives, agents or contractors. 5.5 If Customer has delivered to the Asphalt Facilities any Product or Additives that have been contaminated by the existence of and/or excess amounts of substances foreign to Products or Additives which could cause harm to users of the contaminated Product, the Asphalt Facilities or Owner, Customer shall indemnify Owner be responsible for removing Customer’s contaminated Product or Additives from the Asphalt Facilities. Any Loss associated with such contaminated Product or Additive, including in connection with any proceeding before any Governmental Authority arising out of or relating to such contamination, arising out of or in connection with a breach of this Section 5.5 by Customer and/or its Affiliates shall be the sole responsibility of Customer. If Customer has delivered to the Asphalt Facilities any Product or Additives that cause harm, other than ordinary wear and tear, to the Asphalt Facilities, Customer shall be responsible for any Liability incurred such Loss. 5.6 If, at any time during the Term, there is a material change in the Product, Specifications or Services hereunder that would result in a material increase in costs to Owner hereunder, other than as a result of Customer Responsibility or caused by Owner the negligence or willful misconduct of Customer, any of its Affiliates, or their employees, directors, officers, representatives, agents or contractors, then the Parties will use commercially reasonable efforts to parties who purchase Product from Customermodify this Agreement and/or the fees payable by Customer hereunder as necessary to reflect such cost increase on such terms as are mutually agreed by the Parties.

Product Quality Standards and Requirements. 5.1 Customer warrants to Owner that all Product tendered by or for the account of Customer for receipt into by the Terminals and Storage Tanks Terminal will conform to the specifications for such Product set forth in Attachment “"B”", attached to this Agreement and included in it for all purposes by this reference, and will comply with industry standards and all Applicable Law. Owner may rely upon the specifications and representations of Customer, if any, set forth in the Scheduling Notice described in Section 4.2 as to Product quality. Owner will not be obligated to receive Product into the Terminals and Storage Tanks Terminal that is contaminated or that otherwise fails to meet the specifications set forth on Attachment “B”those specifications, nor will Owner be obligated to accept Product that fails to meet Product grade, if any, grade set forth in the Scheduling Arrival Notice. Owner may rely upon the specifications and representations of Customer set forth in the Arrival Notice as to Product quality. Should Owner remove or dispose of or otherwise treat the Product for any water or other material or contaminants in or associated with the Product at any time, Customer shall pay or reimburse all costs and expense associated with such removal, disposal removal or treatmentdisposal. 5.2 The quality of Product tendered into the Terminals and Storage Tanks Terminal for Customer’s 's account may must be verified either by Customer’s 's laboratory analysis, or by an Independent Inspector’s 's analysis indicating that the Product so tendered meets Owner's minimum Product specifications, if any, specifications set forth in the Scheduling NoticeSection 5.1 above. Such analysis may be conducted on a periodic basis in accordance with a quality compliance program implemented by Customer, ,which program shall be subject to the approval of Owner, which approval shall not be unreasonably withheld. All costs associated with such compliance program shall be borne by Customer. Upon reasonable notice to Customer, Owner, at its expense, may sample any Product tendered to Owner for Customer’s 's account for the purpose of confirming the accuracy of the analysis. 5.3 Unless Owner has provided Segregated Service segregated storage facilities for the ProductProducts (see Attachment "A"), Owner may commingle fungible Products products received from or on behalf of Customer with those fungible products of other Third Parties using the Storage TanksTerminal. At least twenty-four (24) hours prior to the time of each receipt from Customer, a certificate setting forth quality, grade and other specifications of the Product must be delivered to Owner. Each Party may at all reasonable times conduct make appropriate tests to determine whether Product stored or delivered meets the applicable specifications set forth in the Scheduling Noticethose specifications. Owner will be liable to Customer and any of Customer's purchasers by reason of contamination of Product occurring at the Terminals or in the Storage Tanks that causes the Product to fail fails to meet specifications, but Customer's specifications only to the extent such contamination involves a Product Loss. In all other cases, Customer shall indemnify Owner for any Liability incurred by Owner to parties who purchase Product from Customer.

Product Quality Standards and Requirements. 5.1 Customer warrants to Owner that all Product tendered by or for the account of Customer for receipt into by the Terminals and Storage Tanks Terminal will conform to the specifications for such Product set forth in Attachment “B”, attached to this Agreement and included in it for all purposes by this reference, and will comply with industry standards Good Industry Practice and all Applicable Law. Owner may rely upon If tendered Product does not comply with the specifications and representations of Customer, if any, set forth in the Scheduling Notice described in Section 4.2 as Attachment “B”, Customer will be responsible for blending Product to Product qualitymeet specifications and Applicable Law. Owner will not be obligated to receive Product into the Terminals and Storage Tanks Terminal that is contaminated or that otherwise fails to meet those specifications which, as a result, places Owner and/or its employees at undue risk. Customer will have the right to notify Owner of Product that does not meet the specifications set forth on in Attachment “B”, nor ” and Owner will Owner be obligated to accept Product that fails consider receiving such product for the purposes of blending in order to meet Product gradethe specifications. Owner’s agreement to such a request shall not be unreasonably withheld. Any blending activity, if anyand associated costs, will be subject to the terms and conditions outlined in this Agreement. Owner may rely upon the specifications and representations of Customer set forth in the Scheduling NoticeArrival Notice as to Product quality and shall verify quality prior to release for sale according to Section 5.4. Should Owner remove or dispose of or otherwise treat the Product for any water or other material or contaminants in or associated with the Product at any time, Customer shall pay or reimburse all costs and expense associated with such removal, removal or disposal unless water or treatmentother material was introduced by Owner or via a mechanical or structural flaw in Owner’s assets. 5.2 The quality of Product tendered into the Terminals and Storage Tanks Terminal for Customer’s account may must be verified either by Customer’s laboratory analysis, or by an Independent Inspector’s analysis indicating that the Product so tendered meets Owner’s minimum Product specifications, if any, specifications set forth in the Scheduling NoticeSection 5.1 above. Such analysis may be conducted on a periodic basis in accordance with a quality compliance program Quality Control Plan implemented by Customer, which program shall be subject to the approval of Owner, which approval shall not be unreasonably withheld. All Owner, at its expense, shall take samples from each Tank at least every thirty (30) days and, at Customer’s cost, ship to Catlettsburg Asphalt Certification Lab at 10000 XX Xxxxx 00 Xxxxxxxxxxxx, XX 00000 unless otherwise notified by Customer. Except as identified otherwise, all costs associated with such compliance program shall be borne by Customer. Upon reasonable notice to Customer, Owner, at its expense, may sample any Product tendered to Owner for Customer’s account for the purpose of confirming the accuracy of the analysis. 5.3 Unless Owner has provided Segregated Service for At least twenty-four (24) hours prior to the Producttime of each receipt from Customer, Owner may commingle fungible Products received from or on behalf a certificate setting forth the quality, grade and other specifications of Customer with those fungible products of other Third Parties using the Storage TanksProduct must be delivered to Owner. Each Party may at all reasonable times conduct make appropriate tests to determine whether Product stored or delivered meets the applicable specifications set forth in the Scheduling Noticethose specifications. Owner will be liable to Customer and any of Customer’s purchasers for damages incurred by reason of contamination of Product occurring at the Terminals or Product, while in the Storage Tanks Owner’s custody, that causes the Product to fail fails to meet Customer’s specifications, but only to the extent such contamination involves a Product Loss. In all other cases, Customer shall indemnify Owner for any Liability incurred by Owner to parties who purchase Product from Customer.

Product Quality Standards and Requirements. 5.1 Customer warrants to Owner that all Product tendered by or for the account of Customer for receipt into on the Terminals and Storage Tanks System will conform to the specifications for such Product set forth in Attachment “B”, attached to this Agreement and included in it for all purposes by this reference, and will comply with industry standards and all Applicable Law. Owner may rely upon the specifications and representations of Customer, if any, set forth in the Scheduling Notice described in Section 4.2 as to Product quality. Owner will not be obligated to receive Product into the Terminals and Storage Tanks System that is contaminated or that otherwise fails to meet the specifications set forth on Attachment “B”those specifications, nor will Owner be obligated to accept Product that fails to meet Product grade, if any, set forth in the Scheduling Notice. Should With prior written consent of Customer (not to be unreasonably withheld, conditioned or delayed), Owner may remove or dispose of or otherwise treat the Product for any water or other material or contaminants in or associated with the Product at any time, time and Customer shall pay or reimburse all costs and expense associated with such removal, disposal or treatment. 5.2 The quality of Product tendered into the Terminals and Storage Tanks System for Customer’s account may be verified either by Customer’s laboratory analysis, or by an Independent Inspector’s analysis indicating that the Product so tendered meets minimum Product specifications, if any, set forth in the Scheduling Notice. Such analysis may be conducted on a periodic basis in accordance with a quality compliance program implemented by Customer, which program shall be subject to the approval of Owner, which approval shall not be unreasonably withheld. All costs associated with such compliance program shall be borne by Customer. Upon reasonable notice to Customer, Owner, at its expense, may sample any Product tendered to Owner for Customer’s account for the purpose of confirming the accuracy of the analysis. 5.3 Unless Owner has provided Segregated Service for the Product, Owner may commingle fungible Products received from or on behalf of Customer with those fungible products of other Third Parties using the Storage TanksSystem. Each Party may at all reasonable times conduct appropriate tests to determine whether Product meets the applicable specifications set forth in the Scheduling Notice. Owner will be liable to Customer by reason of contamination of Product occurring at the Terminals or in the Storage Tanks System that causes the Product to fail to meet specifications, but only to the extent such contamination involves a Product Loss. In all other cases, Customer shall indemnify Owner for any Liability incurred by Owner to parties Parties who purchase Product from Customer.

Product Quality Standards and Requirements. 5.1 Customer warrants to Owner that all Product tendered by or for the account of Customer for receipt into the Terminals and Storage Tanks will conform to the specifications for such Product set forth in Attachment “BC”, attached to this Agreement and included in it for all purposes by this reference, and will comply with industry standards and all Applicable Law. Owner may rely upon the specifications and representations of Customer, if any, set forth in the Scheduling Notice described in Section 4.2 as to Product quality. Owner will not be obligated to receive Product into the Terminals and Storage Tanks that is contaminated or that otherwise fails to meet the specifications set forth on Attachment “BC”, nor will Owner be obligated to accept Product that fails to meet Product grade, if any, set forth in the Scheduling Notice. Should Owner remove or dispose of or otherwise treat the Product for any water or other material or contaminants in or associated with the Product at any time, Customer shall pay or reimburse all costs and expense associated with such removal, disposal or treatment. 5.2 The quality of Product tendered into the Terminals and Storage Tanks for Customer’s account may be verified either by Customer’s laboratory analysis, or by an Independent Inspector’s analysis indicating that the Product so tendered meets minimum Product specifications, if any, set forth in the Scheduling Notice. Such analysis may be conducted on a periodic basis in accordance with a quality compliance program implemented by Customer, which program shall be subject to the approval of Owner, which approval shall not be unreasonably withheld. All costs associated with such compliance program shall be borne by Customer. Upon reasonable notice to Customer, Owner, at its expense, may sample any Product tendered to Owner for Customer’s account for the purpose of confirming the accuracy of the analysis. 5.3 Unless Owner has provided Segregated Service for the Product, Owner may commingle fungible Products received from or on behalf of Customer with those fungible products of other Third Parties using the Storage Tanks. Each Party may at all reasonable times and without unreasonable disruption to Owner’s operations conduct appropriate tests to determine whether Product meets the applicable specifications set forth in the Scheduling Notice. Owner will be liable to Customer by reason of contamination of Product occurring at the Terminals or in the Storage Tanks that causes the Product to fail to meet specifications, but only to the extent such contamination involves a Product Loss. In all other cases, Customer shall indemnify Owner for any Liability incurred by Owner to parties who purchase Product from Customer.

Product Quality Standards and Requirements. 5.1 Customer warrants to Owner that all Product tendered by or for the account of Customer for receipt into the Terminals and Storage Tanks by any Terminal will conform to the specifications for such Product set forth in Attachment “B”, attached to this Agreement and included in it for all purposes by this reference, A-2” and will comply with industry standards Good Industry Practice and all Applicable Law. Owner may rely upon the specifications and representations of Customer, if any, set forth in the Scheduling Notice described in Section 4.2 as to Product quality. Owner will not be obligated to receive or accept Product into the Terminals and Storage Tanks any Terminal that is contaminated contaminated, or that otherwise fails to meet the required quality specifications. Owner may rely upon the analysis of the Independent Inspector as well as the specifications set forth on Attachment “B”, nor will Owner be obligated to accept Product that fails to meet Product grade, if any, and representations of Customer set forth in the Scheduling NoticeArrival Notice as to Product quality. Should Owner remove or and dispose of or otherwise treat the Product for any ** Confidential Treatment Requested. water or other material or contaminants in or associated with the Customer’s Product at any time, Customer shall pay or reimburse all Owner for Owner’s actual costs and expense associated expenses incurred with respect to such removal, disposal or treatmentremoval and disposal. 5.2 The quality of Product tendered into the Terminals and Storage Tanks any Terminal for Customer’s account may must be verified either by Customer’s laboratory analysis, or by an Independent Inspector’s analysis indicating that the Product so tendered meets Owner’s minimum Product specifications, if any, specifications set forth in the Scheduling NoticeSection 5.1. Such analysis may be conducted on a periodic basis in accordance with a quality compliance program implemented by Customer, which program shall be subject to the approval of Owner, which approval shall not be unreasonably withheld. All costs associated with such compliance program shall be borne by Customer. Upon reasonable notice to Customer, Owner, at its expense, may sample any Product tendered to Owner for Customer’s account for the purpose of confirming the accuracy of the analysis. 5.3 Unless Owner has provided Segregated Service for the Product, Customer’s storage of Product hereunder is segregated (unless noted by Tank in Attachment “A-3”) and Owner may not commingle fungible Products received from or on behalf of Customer with those fungible products of other Third Parties using any Terminal without Customer’s consent. Prior to the Storage Tanks. time of each receipt from Customer, Customer shall deliver, or cause to be delivered, to Owner a certificate setting forth the quality, grade and other specifications of the Product; provided that Customer shall utilize its best efforts to provide such certificate to Owner at least twenty-four (24) hours prior to such receipt. 5.4 Each Party may at all reasonable times conduct make appropriate tests to determine whether Customer’s Product stored or delivered meets the applicable specifications set forth in the Scheduling Noticerequired Product quality specifications. Owner will shall be liable to Customer for damages incurred by reason of contamination of Product occurring at the Terminals or Product, while in the Storage Tanks that Owner’s custody, which causes the such Product to fail to meet the required Product quality specifications. Owner shall not be liable to Customer for any damages in the event Customer or Customer’s agent delivers Product into any Terminal which does not meet the required Product quality specifications. 5.5 In connection with the storage in any Tank of Product governed by the ultra low sulfur diesel (“ULSD”) program of the United States Environmental Protection Agency (the “EPA”), but only the Parties shall submit a “Diesel Programs Facility Registration” form to the extent EPA for the following “Facility Activities”: (i) with respect to Owner, “Pipeline or Pass-Through Terminal,” and (ii) with respect to Customer, “Refinery” and “Import Facility.” Each Party shall maintain such contamination involves a Product Lossregistration in full force and effect during the Term. In the event of (i) any change to such EPA program or any guidance or Applicable Law related thereto, or (ii) any amendment to such EPA form which affects the above-referenced registration, each Party shall update its registrations accordingly and the Parties will cooperate with each other in connection therewith. As set forth in EPA’s regulations and accompanying guidance, Owner covenants and agrees to comply with the EPA ULSD program. In its role as a “distributor” and terminal, Owner shall be responsible for: (i) reporting all receipts and deliveries of Customer’s Products, including volumes and designations, (ii) properly administering the product transfer document requirements, (iii) compliance with all applicable recordkeeping and reporting requirements, (iv) the redesignation of Products as necessary, (v) compliance with the downgrade provision for highway diesel fuel, and (vi) any and all other cases, Customer shall indemnify Owner “distributor” or terminal requirements set forth in Applicable Law related to the EPA ULSD program. In the event of any uncertainty with respect to responsibility for any Liability incurred by Owner duties under the EPA ULSD program, the Parties shall mutually agree to parties who purchase Product take all necessary or appropriate steps to resolve such uncertainty, including consultation with EPA. Each Party agrees to indemnify the other Party for any losses or liabilities arising from Customerits failure to comply with its obligations under the EPA ULSD program, as set forth in this Agreement.

Product Quality Standards and Requirements. 5.1 Customer warrants to Owner the Owners that all Product tendered by or for the account of Customer for receipt into the Terminals and Storage Tanks will (i) conform to the specifications for such Product set forth in Attachment “B”Specifications, attached to this Agreement and included in it for all purposes by this reference, and will (ii) comply with industry standards and (iii) comply with all Applicable Law. Owner The Owners may rely upon the specifications Specifications and representations of Customer, if any, set forth in the Scheduling Notice described in Section 4.2 as to Product quality. No Owner will not be obligated to receive Product into the Terminals and any Terminal or Storage Tanks Tank that is contaminated or that otherwise fails to meet the specifications set forth on Attachment “B”Specifications, nor will any Owner be obligated to accept Product that fails to meet the applicable Product grade, if any, set forth in the Scheduling Notice. Notwithstanding anything in this Section 5, but subject to Section 4.5, Customer may tender, by or for the account of Customer for receipt into any Terminal or Storage Tank, Product that does not conform to the Specifications for blending with other Product that, following blending with the non-conforming Product, shall conform to any applicable Specifications. Should any Owner remove or dispose of or otherwise treat the Product for any water or other material or contaminants in or associated with the Product at any time, Customer shall pay or reimburse all costs and expense associated with such removal, disposal or treatment. No Owner shall remove or dispose of or otherwise treat the Product for any water or other material or containment without the prior approval of Customer. 5.2 Each Owner may randomly test delivered Product to ensure it is not contaminated and otherwise meets the applicable Specifications. If Customer’s Product does not meet the Specifications or if the applicable Owner has not received a prior written waiver for unloading said Product, such Owner shall contact a representative of Customer before unloading Product at the applicable Terminal and shall not unload such Product without first obtaining Customer’s approval. Customer acknowledges and agrees that it shall be responsible for any reasonable delay costs (including, but not limited to, demurrage, transportation costs and energy costs) incurred by Owner for handling, re-delivering and/or waiting for Customer’s decision with respect to Product not meeting the Specifications. Customer understands it is responsible for all field performance issues related to any Product delivered by Customer to any Owner and/or any Product delivered by any Owner to Customer under this Agreement. 5.3 The quality of Product tendered into the Terminals and Storage Tanks for Customer’s account may be verified either by Customer’s laboratory analysis, or by an Independent Inspector’s analysis indicating that the Product so tendered meets the minimum Product specificationsSpecifications, if any, set forth in the Scheduling Noticeas applicable. Such analysis may be conducted on a periodic basis in accordance with a quality compliance program implemented by Customerthe applicable agency plan, changes to which program shall be subject to the approval of the applicable Owner, which approval shall not be unreasonably withheld, conditioned or delayed. All costs associated with such compliance program shall be borne by Customer. Upon reasonable notice to Customer, an Owner, at its expense, may sample any Product tendered to such Owner for Customer’s account for the purpose of confirming the accuracy of the analysis. 5.3 Unless Owner has provided Segregated Service for the Product, Owner may commingle fungible Products received from or on behalf of Customer with those fungible products of other Third Parties using the Storage Tanks. 5.4 Each Party may at all reasonable times and without unreasonable disruption to the other Party’s operations conduct appropriate tests to determine whether Product meets the applicable specifications set forth in the Scheduling NoticeSpecifications. The applicable Owner will be liable to Customer for any Liability incurred by Customer by reason of contamination of Product occurring at the Terminals or in the Storage Tanks any Terminal that causes the Product to fail to meet specificationsSpecifications, but only to the extent such contamination involves a Product Loss. In all other cases, Customer shall indemnify Owner the Owners for any Liability incurred by Owner the Owners to parties who purchase Product from Customer.

Product Quality Standards and Requirements. 5.1 Customer warrants to Owner that all Product tendered by or for the account of Customer for receipt into by the Terminals and Storage Tanks Terminal will conform to the specifications for such Product set forth in Attachment “B”, attached to this Agreement and included in it for all purposes by this reference, and will comply with industry standards and all Applicable Law. Owner may rely upon the specifications and representations of Customer, if any, set forth in the Scheduling Notice described in Section 4.2 as to Product quality. Owner will not be obligated to receive Product into the Terminals and Storage Tanks Terminal that is contaminated or that otherwise fails to meet the specifications set forth on Attachment “B”those specifications, nor will Owner be obligated to accept Product that fails to meet Product grade, if any, grade set forth in the Scheduling Arrival Notice. Owner may rely upon the specifications and representations of Customer set forth in the Arrival Notice as to Product quality. Should Owner remove or dispose of or otherwise treat the Product for any water or other material or contaminants in or associated with the Product at any time, Customer shall pay or reimburse all costs and expense associated with such removal, disposal removal or treatmentdisposal. 5.2 The quality of Product tendered into the Terminals and Storage Tanks Terminal for Customer’s account may must be verified either by Customer’s laboratory analysis, or by an Independent Inspector’s analysis indicating that the Product so tendered meets Owner’s minimum Product specifications, if any, specifications set forth in the Scheduling NoticeSection 5.1 above. Such analysis may be conducted on a periodic basis in accordance with a quality compliance program implemented by Customer, Customer ,which program shall be subject to the approval of Owner, which approval shall not be unreasonably withheld. All costs associated with such compliance program shall be borne by Customer. Upon reasonable notice to Customer, Owner, at its expense, may sample any Product tendered to Owner for Customer’s account for the purpose of confirming the accuracy of the analysis. 5.3 Unless Owner has provided Segregated Service segregated storage facilities for the ProductProducts (see Attachment “A”), Owner may commingle fungible Products products received from or on behalf of Customer with those fungible products of other Third Parties using the Storage TanksTerminal. At least twenty-four (24) hours prior to the time of each receipt from Customer, a certificate setting forth quality, grade and other specifications of the Product must be delivered to Owner. Each Party may at all reasonable times conduct make appropriate tests to determine whether Product stored or delivered meets the applicable specifications set forth in the Scheduling Noticethose specifications. Owner will be liable to Customer and any of Customer’s purchasers by reason of contamination of Product occurring at the Terminals or in the Storage Tanks that causes the Product to fail fails to meet specifications, but Customer’s specifications only to the extent such contamination involves a Product Loss. In all other cases, Customer shall indemnify Owner for any Liability incurred by Owner to parties who purchase Product from Customer.

Product Quality Standards and Requirements. 5.1 Customer warrants to Owner that all Product tendered by or for the account of Customer for receipt into by the Terminals and Storage Tanks Terminal will conform to the specifications for such Product set forth in Attachment “B”, attached to this Agreement and included in it for all purposes by this reference, "A-3" and will comply with industry standards Good Industry Practice and all Applicable Law. Owner may rely upon the specifications and representations of Customer, if any, set forth in the Scheduling Notice described in Section 4.2 as to Product quality. Owner will not be obligated to receive or accept Product into the Terminals and Storage Tanks Terminal that is contaminated contaminated, or that otherwise fails to meet the required quality specifications. Owner may rely upon the analysis of the Independent Inspector as well as the specifications set forth on Attachment “B”, nor will Owner be obligated to accept Product that fails to meet Product grade, if any, and representations of Customer set forth in the Scheduling NoticeArrival Notice as to Product quality. Should Owner remove or and dispose of or otherwise treat the Product for any water or other material or contaminants in or associated with the Customer's Product at any time, Customer shall pay or reimburse all Owner for Owner's actual costs and expense associated expenses incurred with respect to such removal, disposal or treatmentremoval and disposal. 5.2 The quality of Product tendered into the Terminals and Storage Tanks Terminal for Customer’s 's account may must be verified either by Customer’s 's laboratory analysis, or by an Independent Inspector’s 's analysis indicating that the Product so tendered meets Owner's minimum Product specifications, if any, specifications set forth in the Scheduling NoticeSection 5.1. Such analysis may be conducted on a periodic basis in accordance with a quality compliance program implemented by Customer, which program shall be subject to the approval of Owner, which approval shall not be unreasonably withheld. All costs associated with such compliance program shall be borne by Customer. Upon reasonable notice to Customer, Owner, at its expense, may sample any Product tendered to Owner for Customer’s 's account for the purpose of confirming the accuracy of the analysis. 5.3 Unless Owner has provided Segregated Service for the Product, Customer's storage of Product hereunder is segregated (unless noted by Tank in Attachment "B") and Owner may not commingle fungible Products received from or on behalf of Customer with those fungible products of other Third Parties using the Storage TanksTerminal without Customer's consent. Prior to the time of each receipt from Customer, Customer shall deliver, or cause to be delivered, to Owner a certificate setting forth the quality, grade and other specifications of the Product; provided that Customer shall utilize its best efforts to provide such certificate to Owner at least twenty-four (24) hours prior to such receipt. 5.4 Each Party may at all reasonable times conduct make appropriate tests to determine whether Customer's Product stored or delivered meets the applicable specifications set forth in the Scheduling Noticerequired Product quality specifications. Owner will shall be liable to Customer for damages incurred by reason of contamination of Product occurring at the Terminals or Product, while in the Storage Tanks that Owner's custody, which causes the such Product to fail to meet the required Product quality specifications. Owner 9 shall not be liable to Customer for any damages in the event Customer or Customer's agent delivers Product into the Terminal which does not meet the required Product quality specifications. 5.5 In connection with the storage in any Tank of Product governed by the ultra low sulfur diesel ("ULSD") program of the United States Environmental Protection Agency (the "EPA"), but only the Parties shall submit a "Diesel Programs Facility Registration" form to the extent EPA for the following "Facility Activities": (i) with respect to Owner, "Pipeline or Pass-Through Terminal," and (ii) with respect to Customer, "Refinery" and "Import Facility." Each Party shall maintain such contamination involves a Product Lossregistration in full force and effect during the Term. In the event of (i) any change to such EPA program or any guidance or Applicable Law related thereto, or (ii) any amendment to such EPA form which affects the above-referenced registration, each Party shall update its registrations accordingly and the Parties will cooperate with each other in connection therewith. As set forth in EPA's regulations and accompanying guidance, Owner covenants and agrees to comply with the EPA ULSD program. In its role as a "distributor" and terminal, Owner shall be responsible for: (i) reporting all receipts and deliveries of Customer's Products, including volumes and designations, (ii) properly administering the product transfer document requirements, (iii) compliance with all applicable recordkeeping and reporting requirements, (iv) the redesignation of Products as necessary, (v) compliance with the downgrade provision for highway diesel fuel, and (vi) any and all other cases, Customer shall indemnify Owner "distributor" or terminal requirements set forth in Applicable Law related to the EPA ULSD program. In the event of any uncertainty with respect to responsibility for any Liability incurred duties under the EPA ULSD program, the Parties shall mutually agree to take all necessary or appropriate steps to resolve such uncertainty, including consultation with EPA. Each Party agrees to indemnify the other Party for any losses or liabilities arising from its failure to comply with its obligations under the EPA ULSD program, as set forth in this Agreement. 5.6 Customer agrees to maintain the level of Product in each Tank at the level that Owner reasonably deems necessary, in accordance with Good Industry Practice, for the safe operation of the Terminals and Tanks (including the right to lock down Tanks) in the event of weather-related emergencies such as hurricanes. Owner, at its reasonable discretion, may add water to any Tank in the event Customer's level of Product is insufficient to achieve the required safety levels of Product in such Tank. If water is added due to insufficient levels of Product, such water shall be removed by Owner to parties who purchase Product from at Customer's expense.

Product Quality Standards and Requirements. 5.1 6.1 Customer warrants to Owner that all Product tendered by or for the account of Customer for receipt into the Terminals Terminal and Storage Tanks will conform (i) conforms to the specifications Customer processing instructions to meet Specifications for such Product set forth in Attachment “B”at the time it is tendered, attached to this Agreement and included in it for all purposes by this reference, and will comply (ii) complies with industry standards and (iii) complies with all Applicable Law. Owner may rely upon the specifications Specifications and representations of Customer, if any, set forth in the Scheduling Notice described in Section 4.2 as to Product quality. Owner will not be obligated to receive Product into the Terminals Terminal and Storage Tanks that is contaminated or that otherwise fails to meet the specifications set forth on Attachment “B”Specifications, nor will Owner be obligated to accept Product that fails to meet Product grade, if any, set forth in the Scheduling Notice. Should Owner remove or remove, clean, dispose of of, or otherwise have to treat the Product for any water water, contamination, or other material or contaminants materials to handle in or associated with the Product at any time, Customer shall pay or reimburse all costs and expense associated with such removal, disposal cleaning, disposal, or treatment. Owner shall not remove or dispose of or otherwise treat the Product for any water, other material, or contaminants without the prior approval of Customer. 5.2 6.2 Owner may randomly test delivered Product to ensure it is not contaminated and otherwise meets the Specifications. If a vessel’s cargo of Product does not meet the Specifications or Owner has not provided a prior written waiver for unloading said Product, Owner shall contact a representative of Customer before unloading Product at the applicable Terminal and shall not unload such Product without first obtaining Customer’s approval. The Owner shall not be required to test all inbound Product on receipt, and Owner may rely on the Customer’s supplier’s xxxx of lading for content and grade. Customer may procure Product with the intention of blending with other Product to change the properties to meet specifications. Customer acknowledges and agrees that it shall be responsible for any reasonable delay costs (including, but not limited to, demurrage, transportation costs and energy costs) incurred by Owner for handling, re-delivering and/or waiting for Customer’s decision with respect to Product not meeting the Specifications. Customer understands it is responsible for all field performance issues related to any Product delivered by Customer to Owner and/or any Product delivered by Owner to Customer under this Agreement. 6.3 The quality of Product tendered into the Terminals Terminal and Storage Tanks for Customer’s account may be verified either by Customer’s laboratory analysis, or by an Independent Inspector’s analysis indicating that the Product so tendered meets the minimum Product specifications, if any, set forth in the Scheduling NoticeSpecifications. Such analysis may be conducted on a periodic basis in accordance with a quality compliance program implemented by Customer, which program shall be subject to the approval of Owner, which approval shall not be unreasonably withheld, conditioned or delayed. All costs associated with such compliance program shall be borne by Customer. Upon reasonable notice to Customer, Owner, at its expense, may sample any Product tendered to Owner for Customer’s account for the purpose of confirming the accuracy of the analysis. 5.3 Unless Owner has provided Segregated Service for the Product, Owner may commingle fungible Products received from or on behalf of Customer with those fungible products of other Third Parties using the Storage Tanks. 6.4 Each Party may at all reasonable times and without unreasonable disruption to the other Party’s operations conduct appropriate tests to determine whether Product meets the applicable specifications set forth in the Scheduling NoticeSpecifications. Owner will be liable to Customer for Liability incurred by Customer by reason of contamination of Product occurring at the Terminals Terminal or in the Storage Tanks that causes the Product to fail to meet specificationsSpecifications, but only to the extent such contamination involves a Product Loss. In all other cases, Customer shall indemnify Owner for any Liability incurred by Owner to parties who purchase Product from Customer.