Title and Risk of Loss to Refinery Products Sample Clauses
Title and Risk of Loss to Refinery Products. During the Term, the title and risk of loss to the Refinery Products sold hereunder shall pass from Delek Refining to the third Person buyer of such Refinery Products (or, with respect to any Refinery Products sold hereunder to Delek Marketing for its own account, to Delek Marketing) pursuant to the terms of the purchase or supply contract or other sales arrangement between Delek Refining and such buyer. As between the Parties, during the Term, Delek Refining shall be deemed to be the (i) sole and exclusive owner, and in sole and exclusive control and possession, of all the Refinery Products delivered hereunder to any third Person buyer (or, with respect to any Refinery Products sold hereunder to Delek Marketing for its own account, to Delek Marketing); and (ii) sole and exclusive owner of all Delek Refining Accounts and Delek Refining Contracts, and Delek Marketing hereby expressly disclaims any rights, claims or interest in or to such Refinery Products (other than any Refinery Products sold hereunder to Delek Marketing for its own account), Delek Refining Accounts, or Delek Refining Contracts, whether now existing or otherwise arising during the Term; provided, however, nothing in this Section 4.3 is intended as a waiver of any claims related to the performance of the Parties of their respective obligations under this Agreement.
Title and Risk of Loss to Refinery Products. During the Term, the title and risk of loss to the Refinery Products sold hereunder shall pass from Customer to the third Person buyer of such Refinery Products (or, with respect to any Refinery Products sold hereunder to Marketing for its own account, to Marketing) pursuant to the terms of the purchase or supply contract or other sales arrangement between Customer and such buyer. As between the Parties, during the Term, Customer shall be deemed to be the (a) sole and exclusive owner, and in sole and exclusive control and possession, of all the Refinery Products delivered hereunder to any third Person buyer (or, with respect to any Refinery Products sold hereunder to Marketing for its own account, to Marketing); and (b) sole and exclusive owner of all Customer Accounts and Customer Contracts, and Marketing hereby expressly disclaims any rights, claims or interest in or to such Refinery Products (other than any Refinery Products sold hereunder to Marketing for its own account), Customer Accounts, or Customer Contracts, whether now existing or otherwise arising during the Term; provided, however, nothing in this Section 4.3 is intended as a waiver of any claims related to the performance of the Parties of their respective obligations under this Agreement.