Title, Custody and Risk of Loss. Title to the LNG, custody, and risk of loss shall be as set out in clause [10.6] of the Terminal Access Code. Subject to clause [10.6] of the Terminal Access Code and clause 14.2 of this Agreement, Terminal Operator shall be liable for any damage of any nature caused to any third party (who is not a User) by the LNG while such LNG is in Terminal Operator’s custody and Terminal Operator shall indemnify and hold Terminal User harmless against any such liability.
Title, Custody and Risk of Loss. Care, custody, control, title and risk of loss shall pass to Hawaiian Electric at the point at which the Biodiesel passes into Hawaiian Electric’s receiving/intake flange/hose at the Receiving Facility.
Title, Custody and Risk of Loss. (a) Deliveries to the Companies’ nominated site locations - For Fuel Delivered to the Companies’ Site Locations, title to the Fuel and the risk of loss of Fuel Delivered shall pass from Seller to the Companies at the Companies’ Site Locations, at the flange of the receiving hose of the Companies’ receiving storage tanks from Seller’s Nominated truck. If Delivery is made to a Company Site Location where Seller’s hose is employed in the Delivery, then title to the Fuel and the risk of loss of Fuel Delivered shall pass from Seller to the Companies at the connection flange of the receiving facility’s piping, and all Diesel and/or ULSD shall be dyed by Seller in accordance with State and Federal requirements for tax-exempt, off-road diesel fuel. If Delivery is made to a Company Site Location by pipeline, then title to the Fuel and risk of loss of Fuel Delivered shall pass from Seller to the Companies at the connection flange of the Seller’s facility to the Companies’ pipeline.
Title, Custody and Risk of Loss. Care, custody, control, title and risk of loss shall pass to HECO as the Biodiesel passes the fitting of Seller’s delivery truck’s discharge outlet connected for the delivery of Seller’s Biodiesel to the receiving flange/hose at HECO’s CIP Facility Fuel Delivery Truck Receiving Manifold.
Title, Custody and Risk of Loss. (a) Title to Product and the risk of loss of Product Delivered by Pipeline Delivery shall pass from SELLER to HECO at the connection between the flange of SELLER’s pipeline and HECO’s pipeline at HECO’s BPTF.
(b) Title to Product Delivered by Marine Delivery shall pass from SELLER to HECO at the BPTF as soon as the quality of the Product so Delivered is determined by SELLER to meet the Specification limits in Article IV (Quality), subject to HECO’s timely verification, or at HECO’s option, HECO’s verbal notice to SELLER allowing release for shipment prior to verification.
(c) The risk of loss of Product or the components thereof Delivered by Marine Delivery shall pass from SELLER to HECO at the connection between the flange of SELLER’s pipeline and HECO’s nominated pipeline at HECO’s BPTF; provided, however, that in the event an actual physical loss of Product or the components thereof is caused by properties of the Product or the components thereof, e.g. low flash point causing a fire, or due to SELLER’s gross negligence or willful misconduct, SELLER shall bear the risk of loss.
Title, Custody and Risk of Loss. Prior to the Delivery Point, Seller shall have care, custody, control, title and risk of loss of all Renewable Hydrocarbons delivered hereunder. At and after the Delivery Point, Buyer shall have care, custody, control, title and risk of loss of all Renewable Hydrocarbons delivered hereunder.
Title, Custody and Risk of Loss. Title to Fuel and the risk of loss of Fuel Delivered by Pipeline Delivery shall pass from Seller to Hawaiian Electric at the property line at Hawaiian Electric’s BPTF.
Title, Custody and Risk of Loss. Prior to the Receipt Point, Gevo shall have care, custody, control, and risk of loss of all Renewable Hydrocarbons delivered hereunder. At and after the Receipt Point, Kolmxx xxxll have care, custody, control, and risk of loss of all Renewable Hydrocarbons delivered hereunder. Title to all Renewable Hydrocarbons delivered hereunder shall transfer from Gevo to Kolmar as Renewable Hydrocarbons pass the first fixed flange of Gevo’s railcars upon load at the Facility. In the event of rejection of any Renewable Hydrocarbons pursuant to Section 3.5 and Kolmar does not remedy its failure to receive after notice from Gevo consistent with the requirements of Section 3.5, such failure shall be deemed a rejection in accordance with New York UCC § 2-401(4) and title to such rejected Renewable Hydrocarbons shall revest in Gevo ten (10) Days following such rejection. In the event of rejection of any Renewable Hydrocarbons pursuant to Section 5.3, title to such rejected Renewable Hydrocarbons shall revest in Gevo immediately upon rejection.
Title, Custody and Risk of Loss. (A) Deliveries to the Companies’ Nominated Site Locations. Title, custody, and risk of loss concerning the Product Delivered by Pipeline Delivery shall pass from Seller to Hawaiian Electric at the connection between the flange of Seller’s pipeline and Hawaiian Electric’s pipeline. All Diesel and/or ULSD shall be dyed by Seller in accordance with state and federal requirements for tax-exempt, off-road diesel fuel.
Title, Custody and Risk of Loss. Care, custody, control, title and risk of loss of all Renewable Isooctane delivered hereunder shall pass to Buyer at the Delivery Point.
