Purchase and Sale of Feedstock. 4.1Sale of Feedstock. After the Commencement Date through the end of the Term, and subject to (a) Xxxx’x agreement in writing to enter into additional Xxxx Procurement Contracts pursuant to the terms hereof, including Section 4.2, (b) Xxxx’x ability to procure Feedstock from 4124-3044-3341.21 third parties in accordance with the terms hereof, (c) Xxxx’x receipt of Feedstock under Xxxx Procurement Contracts and (d) the Transaction Parties’ maintenance of the Base Agreements and Required Storage and Transportation Arrangements, if any, and compliance, in all material respects, with the terms and conditions thereof and hereof, at the written request of any Transaction Party, Xxxx shall have the right to determine, subject to the terms and conditions hereof, whether to enter into Xxxx Procurement Contracts which will accommodate, in the aggregate, monthly deliveries of Feedstock of up to 60,000 Barrels per day, and the applicable Transaction Party agrees to purchase and receive from Xxxx all such Feedstock as provided herein and subject to the terms and conditions hereof. The Parties acknowledge and agree that, as of the Commencement Date, Xxxx has not agreed to procure Feedstock under any Xxxx Procurement Contracts. Xxxx shall, in accordance with the terms and conditions hereof, purchase and have the right to be the exclusive owner of Feedstock in the Included Feedstock Title Locations; provided that, with respect to any Commingled Location, Xxxx acknowledges and agrees that (i) subject to and in accordance with the terms of the Base Agreement and Required Storage and Transportation Arrangement applicable to such Commingled Location, Feedstock may be commingled with the Feedstock of third parties in the same tank or storage facility and (ii) Xxxx may not have the foregoing exclusive ownership rights at such Commingled Location.
Purchase and Sale of Feedstock
