Remedies for Invalid RINs Sample Clauses

Remedies for Invalid RINs. (a) A RIN shall be deemed invalid if it meets the invalid RIN criteria described in 40 CFR Part 80 Subpart M (“RFS”) or if the EPA has provided notice to a party regulated under the RFS or otherwise had made its determination public that the RIN is invalid (“Invalid RIN”).
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Remedies for Invalid RINs. A RIN shall be deemed invalid (a) if it meets the invalid RIN criteria described in 40 CFR Subpart M § 80.1431 - Treatment of invalid RINs or (b) if the EPA has provided notice to a party regulated under the regulations or otherwise has made its determination public that the RIN is invalid (in each case, an “Invalid RIN”). In the event that GCE transfers , GCE shall, at GCE’s sole expense, transfer to EXXONMOBIL qualified replacement RINs in an amount equal to the amount of Invalid RINs within thirty (30) days of the later of: (i) the discovery of the invalid RINs; or (ii) EXXONMOBIL’s demand for replacement. For the purpose of this Section, qualified replacement RINs may be either assigned or separated RINs, but must be the same D code and must be the same year of generation, if available; otherwise, such replacement RINs shall be the next unexpired year of generation. In the event that GCE fails or refuses to transfer sufficient qualified replacement RINs, GCE shall, within ten (10) days of EXXONMOBIL’s written request, reimburse EXXONMOBIL’s actual costs and expenses incurred in connection with EXXONMOBIL obtaining qualified replacement RINs where the cost of such qualified replacement RINs purchased by EXXONMOBIL was no less favorable than that available to EXXONMOBIL through good faith negotiations in an arms-length transaction. GCE shall reimburse EXXONMOBIL for any penalties or fines imposed upon EXXONMOBIL by government authorities as a result of EXXONMOBIL’s use of RINs supplied to it under this Agreement that are subsequently found to be invalid RINs.
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Remedies for Invalid RINs. (a) A RIN shall be deemed invalid (i) if it meets the invalid RIN criteria described in 40 CFR Section 80.1431(a) as determined by an Independent Inspector or (ii) if the EPA has provided notice to a party regulated under the regulations or otherwise has made its determination public that the RIN is invalid (in each case, an “Invalid RIN”). In the event that Vitol reasonably believes that it has received an Invalid RIN or Vitol has been notified by a Third Party that a RIN acquired from Vitol following the transfer of such RIN from BKRF to Vitol is an Invalid RIN, Vitol shall promptly provide written notice to BKRF identifying the basis for such RIN being an Invalid RIN, the identity of each RIN claimed to be an Invalid RIN and attaching to or including with any such notice all reasonably supporting documentation. Subsequent to the receipt of such notice, BKRF will have a period of ten (10) Business Days in which to review the claims by Vitol and to retain an Independent Inspector to review such claims. The Parties agree that, other than a RIN being deemed to be an Invalid RIN under clause (ii) above, the findings by the Independent Inspector as to the validity or invalidity of the claimed Invalid RIN shall be binding upon the Parties, absent manifest error or fraud.
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Related to Remedies for Invalid RINs

  • REMEDIES AND WAIVERS No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

  • No Liability for Invalidity The Warrant Agent shall have no liability with respect to any invalidity of this Agreement or any of the Warrant Certificates (except as to the Warrant Agent’s countersignature thereon).

  • REMEDIES, ETC CUMULATIVE. Each and every right, power and remedy of the Pledgee provided for in this Agreement or in any other Secured Debt Agreement, or now or hereafter existing at law or in equity or by statute shall be cumulative and concurrent and shall be in addition to every other such right, power or remedy. The exercise or beginning of the exercise by the Pledgee or any other Secured Creditor of any one or more of the rights, powers or remedies provided for in this Agreement or any other Secured Debt Agreement or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by the Pledgee or any other Secured Creditor of all such other rights, powers or remedies, and no failure or delay on the part of the Pledgee or any other Secured Creditor to exercise any such right, power or remedy shall operate as a waiver thereof. No notice to or demand on any Pledgor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Pledgee or any other Secured Creditor to any other or further action in any circumstances without notice or demand. The Secured Creditors agree that this Agreement may be enforced only by the action of the Pledgee, in each case acting upon the instructions of the Required Lenders (or, after the date on which all Credit Document Obligations have been paid in full, the holders of at least a majority of the outstanding Other Obligations) and that no other Secured Creditor shall have any right individually to seek to enforce or to enforce this Agreement or to realize upon the security to be granted hereby, it being understood and agreed that such rights and remedies may be exercised by the Pledgee for the benefit of the Secured Creditors upon the terms of this Agreement.

  • Remedies for Breach It is understood and agreed that all rights and remedies afforded below shall be in addition to all remedies or actions otherwise authorized or permitted by law:

  • Remedies and Waiver All remedies of any party are cumulative. Failure of either the Ceding Company or the Reinsurer to exercise any right, privilege, power or remedy at law, equity or in existence by virtue of this Agreement or to otherwise insist upon strict compliance with any of the terms, provisions and conditions of this Agreement, or the obligations of the other party, will not constitute a waiver of such right, privilege, power, remedy, term, provision, condition, or obligation. Moreover, the failure of either party to enforce any part of this Agreement shall not be deemed to be an act of ratification or consent. No prior transactions or dealings between the parties shall be deemed to establish any custom or usage waiving or modifying any provision of this Agreement.

  • Remedies for Default (a) Enterprise Services’ rights to suspend and terminate Contractor’s rights under this Master Contract are in addition to all other available remedies.

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