Selection of Storage Facilities Sample Clauses

Selection of Storage Facilities. (a) Unless expressly provided otherwise in the Agreement, the Operator shall, at its absolute discretion, in consultation with the Customer, select the Storage Facilities suitable for receipt and storage of the Products and shall be entitled to move the Products from one part of the Storage Facilities to another from time to time with the approval of the Customer (not to be unreasonably withheld or delayed). (b) Subject to obtaining the consent of the Customer and other relevant customers (which consent shall not be required in the event of an emergency), the Operator may receive and store the Products at any of the Storage Facilities at the Terminal in common with Products of the same average quality and of the same grade as the Products. (c) The Customer shall not be entitled to claim that Products, which the Operator shall subsequently deliver to the Customer out of such common place purportedly as the Products, are not in fact the Products, which the Customer had earlier delivered to the Operator for carrying out the Services. (d) The Operator shall as soon as possible, notify the Customer of any movement of the Products but the Customer shall not make any claim against the Operator by reason of the fact that it has not been so notified. For the purpose of this section, “emergency” should be understood as any unforeseeable natural hazard such as flooding, storm risk, fire and accidents in the immediate vicinity of the oil terminal, and representing a threat to people, environment and/or facilities. Commercial or operational optimizations shall not be interpreted as an “emergency”.
Sample 1
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Selection of Storage Facilities. (a) Unless expressly provided otherwise in the Agreement, the Operator shall, at its absolute discretion, in consultation with the Customer, select the Storage Facilities suitable for receipt and storage of the Products and shall be entitled to move the Products from one part of the Storage Facilities to another from time to time with the approval of the Customer (not to be unreasonably withheld or delayed).
Sample 1
Selection of Storage Facilities. (a) Unless expressly provided otherwise in the Agreement, the Operator shall, at its absolute discretion, in consultation with the Customer, select the Storage Facilities suitable for receipt and storage of the Products and shall be entitled to move the Products from·one part of the Storage Facilities to another from time to time with the approval of the Customer (not to be unreasonably withheld or delayed). (b) Subject to obtaining the consent of the Customer and other relevant customers (which consent shall not be required in the event of an emergency), the Operator may receive and store the Products at any of the Storage Facilities at the Terminal in common with Products of the same average quality and of the same grade as the Products. (c) The Customer shall not be entitled to claim that Products, which the Operator shall subsequently deliver to the Customer out of such common place purportedly as the Products, are not in fact the Products, which the Customer had earlier delivered to the Operator for carrying out the Services. (d) The Operator shall as soon as possible, notify the Customer of any movement of the Products but the Customer shall not make any claim against the Operator by reason of the fact that it has not been so notified.
Sample 1

Related to Selection of Storage Facilities

  • Access to Facilities Each of the Company and each of its Subsidiaries will permit any representatives designated by the Purchaser (or any successor of the Purchaser), upon reasonable notice and during normal business hours, at such person's expense and accompanied by a representative of the Company, to: (a) visit and inspect any of the properties of the Company or any of its Subsidiaries; (b) examine the corporate and financial records of the Company or any of its Subsidiaries (unless such examination is not permitted by federal, state or local law or by contract) and make copies thereof or extracts therefrom; and (c) discuss the affairs, finances and accounts of the Company or any of its Subsidiaries with the directors, officers and independent accountants of the Company or any of its Subsidiaries. Notwithstanding the foregoing, neither the Company nor any of its Subsidiaries will provide any material, non-public information to the Purchaser unless the Purchaser signs a confidentiality agreement and otherwise complies with Regulation FD, under the federal securities laws.

  • Selection of Subcontractors, Procurement of Materials and Leasing of Equipment The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

  • Use of Interconnection Facilities by Third Parties 6551 Error! Hyperlink reference not valid.9.9.1 Purpose of Interconnection Facilities. 6551

  • Access to Facility 13.1 Each Party shall ensure that its facilities are secured at all times. 13.2 The Customer shall permit and, if the land on which the Facility is located is not owned by Customer, cause such landowner to permit, the Distributor's employees and agents to enter the property on which the Facility is located at any reasonable time. Such access shall be provided for the purposes of inspecting and/or testing the Facility as and when permitted by this Agreement, the Code or the Distributor’s Conditions of Service or as required to ensure the continued safe and satisfactory operation of the Facility, to ensure the accuracy of the Distributor's meters, to establish work protection, or to perform work. 13.3 Any inspecting and/or testing referred to in section 13.2 shall not relieve the Customer from its obligation to operate and maintain the Facility and any related equipment in a safe and satisfactory operating condition and in accordance with this Agreement. 13.4 The Distributor shall have the right to witness any testing done by the Customer of the Facility and, to that end, the Customer shall provide the Distributor with at least fifteen working days advance notice of the testing. 13.5 Notwithstanding section 10.1, where the Distributor causes damage to the Customer's property as part of this access, the Distributor shall pay to the Customer the Customer's reasonable costs of repairing such property or, if such property cannot be repaired, replacing such property. 13.6 Notwithstanding section 10.1, if the Customer has been given access to the Distributor’s property, and if the Customer causes damage to the Distributor’s property as part of that access, the Customer shall pay to the Distributor the Distributor’s reasonable costs of repairing such property or, if such property cannot be repaired, replacing such property.

  • Office Facilities During the period of employment, Executive shall have his office where the Corporation’s principal executive offices are located from time to time, which currently are at 3000 Xxxx Xxxxxxxxxx Xxxxxx, Xxxxx Xxxxx, Xxxxx Xxxxxx, and the Corporation shall furnish Executive with office facilities reasonably suitable to his position at such location.

  • No Dedication of Facilities Any undertaking by one Party to the other Party under any provision of this Agreement shall not constitute the dedication of the system or any portion thereof by the Party to the public or to the other Party, and it is understood and agreed that any such undertaking under any provision of this Agreement by a Party shall cease upon the termination of its obligations hereunder.

  • Inspection of Facilities In order to meet their respective obligations under this Agreement, any Party may view or inspect facilities owned by another Party. Provided that reasonable notice is given, a Party shall not unreasonably deny access to relevant facilities for viewing or inspection by the requesting Party.

  • Personnel, Office Space, and Facilities of Manager The Manager at its own expense shall furnish or provide and pay the cost of such office space, office equipment, office personnel, and office services as the Manager requires in the performance of its investment advisory and other obligations under this Agreement.

  • System Upgrade Facilities and System Deliverability Upgrades Connecting Transmission Owner shall design, procure, construct, install, and own the System Upgrade Facilities and System Deliverability Upgrades described in Appendix A hereto. The responsibility of the Developer for costs related to System Upgrade Facilities and System Deliverability Upgrades shall be determined in accordance with the provisions of Attachment S to the NYISO OATT.

  • Verizon OSS Facilities Any gateways, interfaces, databases, facilities, equipment, software, or systems, used by Verizon to provide Verizon OSS Services to ICG.

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