Title and Custody. Legal title to all assets and Securities to be acquired by the Limited Partnership shall be either (i) registered in the name of the General Partner, as general partner on behalf of the Limited Partnership, or (ii) any other entity which the General Partner determines shall be the registered holder of title to Limited Partnership assets or Securities, either as nominee and/or in trust for the Limited Partnership, where it is neither commercially feasible to register title in the name of the Limited Partnership nor outside normal business practice to register title in such other entity.
Title and Custody. Title to and risk of loss to the Trucked Volumes and all contents thereof shall pass from Producer to Approved SWD Vendor when delivered into Approved SWD Vendor’s storage tanks at the SWD Trucking Facility, unless the Parties otherwise agree in writing.
Title and Custody. 5.1 Although Company does not acquire title to the gas transported under this Service Agreement gas received by Company from Shipper hereunder shall be deemed to be in the custody and under the control of Company from the time such gas is accepted for transportation at the Receipt Point until it is delivered to Shipper at the Delivery Point.
Title and Custody. Title to carbon dioxide from Shipper’s Gas shall remain with Shipper and shall not transfer to Gatherer, unless otherwise mutually agreed by the Parties. Shipper may elect to receive and, in which case, shall be solely responsible to arrange for recovery of, physical custody and transportation of the carbon dioxide collected by the Magnolia Gathering System. Notwithstanding the foregoing, unless Shipper elects to receive and take custody of the carbon dioxide as set forth in the preceding sentence, Gatherer will have custody of the carbon dioxide and will comply with all applicable reporting requirements by governmental authorities.
Title and Custody. Customer warrants that it shall hold clear title to the Product delivered to Owner pursuant to this Agreement. Title to the Product will remain with Customer at all times subject to any lien in favor of Owner created under Applicable Law. Owner shall have custody and risk of loss of Customer’s Product beginning when such Product passes the flange connection at the applicable Terminal between the delivering barge, vessel, tank truck or rail car and Owner’s receiving hose, if applicable, at the applicable Terminal and ending when Customer’s Product passes the last hard flange connection at the applicable Terminal into a barge, vessel, tank truck or rail car for delivery to Customer, its customers or its other designees.
Title and Custody. 11.1 Customer represents and warrants to Global that Customer has and will have good and marketable title to all Product delivered to the Terminal, free and clear of all liens and other encumbrances. Title to Customer's Product stored at the Terminal shall remain in Customer and shall be free and clear of all liens and encumbrances, other than the security interest of Global hereunder.
11.2 Global will be deemed to have custody of Product delivered by Customer at the time it passes through the flange connection between the delivery line and Global's receiving line. Delivery of Product by Global to Customer for its account will occur when (a) it passes between Global's truck rack delivery line and Customer's designated trucks and (b) it passes between Global's dock line flange and the marine vessel's receiving hose or the marine vessel's manifold if Terminal hoses or load arms are used.
11.3 Upon delivery of Product to Customer or its agents for Customer's account, Customer will thereafter be solely responsible for compliance with all governmental rules and regulations pertaining to such Product, and will be solely responsible for all claims, losses, damages, or injuries to persons or to property arising out of the transportation, possession or use of such Product, except for such as may be caused by the negligence of Global, its agents or employees. In no event will Global be liable for any incidental or consequential damages or injuries arising from the use of such Product, or for the failure of such Product to comply with any governmental rule or regulation.
Title and Custody. Title to the Product stored and/or handled hereunder shall always remain with Hawaii Electric Light. Chevron shall be deemed to have custody of and responsibility, including risk of loss and damage for purposes of Article V, for the Product starting from the time during receipt when it passes (a) the last valve prior to the Chevron Facility tank on marine receipts into the Chevron Facility; and (b) on the date of book or stock transfers. Hawaii Electric Light shall be deemed to have regained custody of any responsibility for the Product during delivery from the Chevron Facility starting from the time when Product passes the Chevron Facility’s last flange connecting to Hawaii Electric Light’s designated truck or into Hawaii Electric Light’s owned pipeline. Chevron shall not have responsibility or custody of any Product while in any pipeline that is not owned or used exclusively by Chevron.
Title and Custody. 23 Section 11.1 Title 23 Section 11.2 Custody 24 ARTICLE 12 BILLING AND PAYMENT 24 Section 12.1 Invoices 24 Section 12.2 Payments 24 Section 12.3 Audit 25 ARTICLE 13 REMEDIES 25 Section 13.1 Suspension of Performance; Release from Dedication 25 Section 13.2 No Election 25 TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). ARTICLE 14 FORCE MAJEURE 26 Section 14.1 Events of Force Majeure 26 Section 14.2 Actions 26 Section 14.3 Strikes, Etc 27 ARTICLE 15 REPRESENTATIONS AND COVENANTS 27 Section 15.1 Party Representations 27 Section 15.2 Joint Representations 27 Section 15.3 Applicable Laws 28 Section 15.4 Government Authority Modification 28 Section 15.5 Taxes 28 Section 15.6 Exclusive Producer Purchase Right 28
Title and Custody. Title to the Crude Oil transported in the Pipeline shall always remain with Motiva. Notwithstanding, Sunoco shall be deemed to have custody of and responsibility for the Crude Oil, starting from the Origin, through the Pipeline, and ending at the point when the Crude Oil reaches the Destination. Provided that should Motiva cause the Pipeline to deliver Crude Oil temporarily to the Port Xxxxxx Refinery facility in Port Neches, Texas, Motiva shall have custody and responsibility of the Crude Oil while it is located at the Port Neches facility.
Title and Custody. Title to the Product stored and/or handled hereunder shall always remain with Customer. Operator shall be deemed to have custody of and responsibility for Product starting from the time during receipt when it passes (a) the flange connection of the vessel's delivery line, (b) the flange of the receipt line at Operator's Facility on pipeline receipts, or (c) the tank truck's delivery connection ("Delivery Point"), and ending during re-delivery when Product passes (d) the flange connection between Operator's delivery line and the vessel's receiving line, or (e) the pipeline's receiving connections, or (f) the tank car's and/or tank truck's receiving equipment ("Redelivery Poinf').
14 I Customer shall pay any and all taxes, assessments, or charges levied on Product covered hereunder as a result of Customer's activities which Operator may be required to pay or collect under any federal, territorial, or municipal law or authority now in effect or hereinafter enacted. Operator shall pay any and all taxes, assessments, or charges levied against it for the performances of services hereunder.
