Recovered Oil Sample Clauses

Recovered Oil. Midstream Co shall deliver to Producer, each Month, all Recovered Oil allocated to Producer or for Producer’s account by delivering such Recovered Oil into the Crude Oil Gathering System. At all times during the Term, either (x) Midstream Co and Producer shall be a party to both this Agreement and another Transaction Document that covers Crude Oil (in which case Producer shall not owe any amount under this Agreement or any other Transaction Document to which Midstream Co is a Party as a result of Recovered Oil being transported through the Crude Oil Gathering System) or (y) the Parties shall set forth in the Agreement Addendum or an appropriate amendment to this Agreement the methodology for Midstream Co to deliver Recovered Oil to Producer and any fee applicable thereto.
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Recovered Oil. Midstream Co shall deliver to Producer, each Month, all Recovered Oil allocated to Producer or for Producer’s account by delivering such Recovered Oil into the Crude Oil Gathering System. At all times during the Term, the Parties shall set forth in the Agreement Addendum or an appropriate amendment to this Agreement the methodology for Midstream Co to deliver Recovered Oil to Producer and any fee applicable thereto. Midstream Co shall use commercially reasonable efforts to limit the amount of Crude Oil remaining in Product at the applicable Delivery Point to 0.5% or less of the total Product volume (the “Remaining Crude Oil Limit”); provided that, except as provided otherwise in this Section 6.3(b), Producer shall pay all costs and expenses in connection with the implementation of any modifications necessary to achieve the Remaining Crude Oil Limit (the “Crude Recovery Costs”) and Producer shall release, protect, indemnify and hold harmless Midstream Co from and against all other liabilities and claims directly or indirectly resulting from, arising out of, or relating to the implementation of such modifications. Prior to the implementation of any such modifications, Midstream Co shall provide Producer with written notice of its good faith estimate of the Crude Recovery Costs for such modifications, and Producer shall, within 30 Days of receiving such notice, provide Midstream Co with written notice of whether Midstream Co should proceed with the implementation of such modifications. If Producer fails to respond to such notice or elects that Midstream Co should not proceed with such modifications, then Producer will have no obligation to pay the associated Crude Recovery Costs and Midstream Co will have no obligation to implement such modifications or incur any costs or expenses in connection with achieving the Remaining Crude Oil Limit.
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Recovered Oil. Midstream Co shall deliver to Producer, each Month, all Recovered Oil allocated to Producer or for Producer’s account by delivering such Recovered Oil into the Crude Oil Gathering System. At all times during the Term, the Parties shall set forth in the Agreement Addendum or an appropriate amendment to this Agreement the methodology for Midstream Co to deliver Recovered Oil to Producer and any fee applicable thereto. Midstream Co shall use commercially reasonable efforts to limit the amount of Crude Oil remaining in Product at the applicable Delivery Point to 0.5% or less of the total Product volume (the “Remaining Crude Oil Limit”); provided that, except as provided otherwise in this Section 6.3(b), Producer shall pay all costs and expenses in connection with the implementation of any modifications necessary to achieve the Remaining Crude Oil Limit (the “Crude Recovery Costs”) and Producer shall release, protect, indemnify and hold harmless Midstream Co from and against all other liabilities and claims directly or indirectly resulting from, arising out of, or relating to the implementation of such modifications. Prior to the implementation of any such modifications, Midstream Co shall provide Producer with written notice of its good faith estimate of the Crude Recovery Costs for such modifications, and Producer shall,
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Related to Recovered Oil

  • Recovered Property If you or we recover any property for which we have made payment under this policy, you or we will notify the other of the recovery. At your option, the property will be returned to or retained by you or it will become our property. If the recovered property is returned to or retained by you, the loss payment will be adjusted based on the amount you received for the recovered property.

  • Recovering Finance Party’s rights (a) On a distribution by the Agent under Clause 27.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution. (b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.

  • Salvage All materials which are scrapped or removed in connection with the making of repairs required by Articles 9 or 10 shall be or become the property of Lessor or Lessee depending on which party is paying for or providing the financing for such work.

  • EXTRA-CONTRACTUAL DAMAGES Extra-contractual damages are defined as punitive, statutory or compensatory damages due to the Ceding Company's negligence, oppression, malice, fault, wrongdoing or bad faith in connection with an award against the Ceding Company in excess of the limits of the policy reinsured as a result of, but not limited to, an act, omission or course of conduct committed solely by the Ceding Company in connection with the benefits payable under a particular policy reinsured under this Agreement.

  • Demurrage If as a result of the Customer's actions and unless permission is granted by the Company, if the Equipment is not returned during or at the end of the term, then for every hour, or portion thereof, from the end of the term to the time when the Equipment is returned to the Company, as required herein, the Customer shall pay a rental rate equal to three (3) times (x) the standard hourly rental rate for such equipment.

  • RECOVERY FROM THIRD PARTIES 11.1 If 11.1.1 the Seller makes a payment in respect of a Warranty Claim by the Purchaser (the “Damages Payment”); 11.1.2 any member of the Purchaser’s Group recovers from a third party (including pursuant to any insurance policy) any sum in cash or in kind which compensates it in respect of the Loss which is the subject matter to that Warranty Claim (the “Third Party Sum”); 11.1.3 the receipt of that Third Party Sum was not taken into account in calculating the Damages Payment; and 11.1.4 the aggregate of the Third Party Sum and the Damages Payment exceeds the amount required to compensate the Purchaser in full for the Loss or Liability which gave rise to the Warranty Claim in question, such excess being the “Excess Recovery”, then the Purchaser shall, promptly on receipt of the Third Party Sum by any member of the Purchaser’s Group, repay to the Seller an amount equal to the lower of (i) the Excess Recovery and (ii) the Damages Payment, after deducting (in either case) all additional Tax and any costs incurred by the Purchaser or the relevant member of the Purchaser’s Group in recovering that Third Party Sum. 11.2 If, before the Seller pays any amount in respect of any Warranty Claim under this Agreement, any EDS Entity is entitled to recover (whether by payment, discount, credit, relief, insurance or otherwise) from a third party a sum which indemnifies or compensates any relevant member of the Purchaser’s Group (in whole or in part) in respect of the Loss or Liability which is the subject matter of the Warranty Claim, the Purchaser shall procure that, before steps are taken against the Seller, the Purchaser will make reasonable efforts to enforce recovery against the third party and any actual recovery shall reduce or satisfy, as applicable, such Warranty Claim to the extent of such recovery, provided that the Seller first indemnifies the Purchaser’s Group and the EDS Entities against any Tax that may be suffered on receipt of any sum recovered thereunder, together with any costs or expenses incurred in recovering such sum.

  • Profits Losses and Distributions A. Each Member shall share all profits and losses, pro rata, in proportion to the Member's Interest in the Company. A Member's Interest shall be defined as a Member's pro rata share of ownership in the Company. B. Any distribution of cash or any other property of the company shall be distributed in the following order: (1) payment of taxes; (2) payment of any indebtedness including debts owing to any Member and any other expenses; and (3) to the Members in accordance with each Member's Interest in the Company.

  • Actual Damages Contractor is liable to CMHA for all actual and direct damages caused by Contractor’s default. In the event Contractor fails to provide services or material as provided for in the Contract Documents, CMHA may substitute the services and/or material from a third party. CMHA may recover the costs associated with acquiring substitute services and/or materials, less any expense or costs saved by Contractor’s default, from Contractor.

  • Recovery Each Protected Person shall use its reasonable efforts to pursue other third-party sources of indemnification in respect of any Liabilities for which it or any Protected Person may require indemnification in accordance with this Section 4. If any Protected Person recovers any amounts in respect of any Liabilities from insurance coverage or any third-party source, then such Protected Person shall, to the extent that such recovery is duplicative, reimburse the Issuer for any amounts previously paid to it by the Issuer in respect of such Liabilities.

  • Damages Should the registration or the effectiveness thereof required by Sections 5.1 and 5.2 hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

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