Common use of Removal of Product Clause in Contracts

Removal of Product. Immediately upon the termination of this Agreement for any reason with respect to a Terminal Facility, Customer agrees to remove from such Terminal Facility all of its Products, supplies, equipment and other materials. Customer may waive such right as to all or part of same, in which case, if accepted in writing by Terminal at its sole option, the Products, supplies, equipment and other materials so waived will become the property of Terminal; provided, however, that in all cases Customer also would be liable for and will pay all directly-related disposal costs. If waste is generated on a Terminal Facility’s premises as a result of the Products’ removal, then Terminal and Customer must mutually agree on an environmentally sound method of disposal of waste in accordance with all applicable laws and regulations. If the parties fail to agree to an environmentally sound method for disposal of such waste within ten days following a proposal by Terminal, then Terminal has the right to direct and carry out the disposal of such waste in accordance with applicable laws and regulation, in its name or in the name of Customer, all at Customer’s sole cost and expense. Customer agrees to pay the cost of such removal and disposal, including such costs or charges as Terminal may be required to pay in regard to such waste, including the cost of preparing and processing any documents in connection therewith.

Removal of Product. Immediately upon the termination of this Agreement for any reason with respect to a Terminal Facility, Customer agrees to remove from such Terminal Facility all of its Products, supplies, equipment and other materials. Customer may waive such right as to all or part of same, in which case, if accepted in writing by Terminal at its sole option, the Products, supplies, equipment and other materials so waived will become the property of Terminal; provided, however, that in all cases Customer also would be liable for and will pay all directly-related disposal costs. If waste is generated on a Terminal Facility’s premises as a result of the Products’ removal, then Terminal and Customer must mutually agree on an environmentally sound method of disposal of waste in accordance with all applicable laws and regulations. If the parties fail to agree to an environmentally sound method for disposal of such waste within ten days following a proposal by Terminal, then Terminal has the right to direct and carry out the disposal of such waste in accordance with applicable laws and regulation, in its name or in the name of Customer, all at Customer’s sole cost and expense. Customer agrees to pay the cost of such removal and disposal, including such costs or charges as Terminal may be required to pay in regard to such waste, including the cost of preparing and processing any documents in connection therewith. For clarification, Customer’s payment of the monthly tank cleaning fee set forth on Schedule B in respect of the Baton Rouge terminal will satisfy Customer’s obligation to clean the tank(s) after removal of its Product.