Common use of Title, Risk of Loss and Custody Clause in Contracts

Title, Risk of Loss and Custody. Title to and risk of loss of the Crude Oil shall pass from Supplier to Coffeyville at the Delivery Point. Coffeyville shall assume custody of the Crude Oil as it passes the Delivery Point. Before custody transfer, Supplier shall be solely responsible for compliance with all Applicable Laws, including all Environmental Laws, pertaining to the possession, handling, use and processing of such Crude Oil and shall indemnify and hold harmless Coffeyville, its Affiliates and their agents, representatives, contractors, employees, directors and officers, for all Liabilities directly or indirectly arising therefrom except to the extent such Liabilities are caused by or attributable to any of the matters for which Coffeyville is indemnifying Supplier pursuant to Section 19.2. At and after custody transfer at the Delivery Point, Coffeyville shall be solely responsible for compliance with all Applicable Laws, including all Environmental Laws, pertaining to the possession, handling, use and processing of such Crude Oil and shall indemnify and hold harmless Supplier, its Affiliates and their agents, representatives, contractors, employees, directors and officers, for all Liabilities directly or indirectly arising therefrom. Notwithstanding anything to the contrary herein, Supplier and Coffeyville agree that Coffeyville shall have an insurable interest in Crude Oil that is subject to a Purchase Contract and that Coffeyville may, at its election and with prior notice to Supplier, endeavor to insure the Crude Oil. If pursuant to the terms of this Agreement, Coffeyville bears the loss of any Crude Oil, then any insurance payment to Supplier made to cover same shall be promptly paid over by Supplier to Coffeyville. Notwithstanding anything to the contrary herein, any Crude Oil Gains and Losses shall be borne by and for the account of Coffeyville and any Catastrophic Loss shall be borne by and for the account of Supplier.

Title, Risk of Loss and Custody. (a) Title to and risk of loss of the Crude Oil shall pass from Supplier the Company to Coffeyville Xxxx at the Crude Intake Point. Xxxx shall retain title to and risk of loss of such Crude Oil during the time such Crude Oil is held in any Included Locations. Title to and risk of loss of the Crude Oil shall pass from Xxxx to the Company at the Crude Delivery Point. Coffeyville The Company shall assume custody of the Crude Oil as it passes the Crude Delivery Point. Before custody transfer. (b) During the time any Crude Oil or Products are held in any Storage Facilities, Supplier the Company, in its capacity as operator of the Storage Facilities and pursuant to the Storage Facilities Agreement, shall be solely responsible for compliance with all Applicable Laws, including all Environmental Laws, pertaining to the possession, handling, use and processing of such Crude Oil or Products and shall indemnify and hold harmless CoffeyvilleXxxx, its Affiliates and their agents, representatives, contractors, employees, directors and officers, for all Liabilities directly or indirectly arising therefrom except to the extent such Liabilities are caused by or attributable to any of the matters for which Coffeyville Xxxx is indemnifying Supplier the Company pursuant to Section 19.2. Article 21. (c) At and after custody transfer of any Crude Oil at the Crude Delivery Point, Coffeyville the Company and its Affiliates shall be solely responsible for compliance with all Applicable Laws, including all Environmental Laws, Laws pertaining to the possession, handling, use and processing of such Crude Oil and shall indemnify and hold harmless SupplierXxxx, its Affiliates and their agents, representatives, contractors, employees, directors and officers, for all Liabilities directly or indirectly arising therefrom. Notwithstanding anything . (d) To the extent the Company wishes to the contrary herein, Supplier and Coffeyville agree that Coffeyville shall have an insurable interest in sell any Crude Oil to any third party, the Company acknowledges that is subject it shall not have the authority to a Purchase Contract and that Coffeyville may, at its election and with agree to such sale without Xxxx’x prior notice to Supplier, endeavor to insure the Crude Oil. If pursuant to the terms of this Agreement, Coffeyville bears the loss written consent. (e) The Company shall not arrange for delivery of any Crude Oil, then Oil to any insurance payment location other than the Crude Intake Point except in the event that an “FOB” Crude Oil cargo is unable to Supplier made to cover same shall be promptly paid over by Supplier to Coffeyville. Notwithstanding anything delivered to the contrary herein, Crude Intake Point in accordance with Section 7.21 of the LC Facility Agreement; provided that such a cargo shall not be deemed “unable to be delivered” if the cause of such non-delivery is any Crude Oil Gains and Losses shall be borne willful or negligent act or omission by and for the account of Coffeyville and any Catastrophic Loss shall be borne by and for the account of SupplierCompany.

Title, Risk of Loss and Custody. (a) Title to and risk of loss of the Crude Oil shall pass from Supplier Xxxx to Coffeyville the Company at the Crude Delivery Point. Coffeyville The Company shall assume custody of the Crude Oil as it passes the Crude Delivery Point. Before custody transfer. (b) During the time any Crude Oil or Products is held in any Storage Facilities, Supplier the Company, PPC and certain of PPC’s Affiliates, in their capacity as operator of the Storage Facilities and pursuant to the Storage Facilities Agreement, shall be solely responsible for compliance with all Applicable Laws, including all Environmental Laws, PORTIONS OF THIS EXHIBIT DENOTED WITH THREE ASTERISKS (***) HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT. pertaining to the possession, handling, use and processing of such Crude Oil or Products and shall indemnify and hold harmless CoffeyvilleXxxx, its Affiliates and their agents, representatives, contractors, employees, directors and officers, for all Liabilities directly or indirectly arising therefrom except to the extent such Liabilities are caused by or attributable to any of the matters for which Coffeyville Xxxx is indemnifying Supplier the Company pursuant to Section 19.2. Article 20. (c) At and after custody transfer of any Crude Oil at the Crude Delivery Point, Coffeyville the Company, PPC and their Affiliates shall be solely responsible for compliance with all Applicable Laws, including all Environmental Laws, Laws pertaining to the possession, handling, use and processing of such Crude Oil and shall indemnify and hold harmless SupplierXxxx, its Affiliates and their agents, representatives, contractors, employees, directors and officers, for all Liabilities directly or indirectly arising therefrom. . (d) Notwithstanding anything to the contrary herein, Supplier Xxxx and Coffeyville the Company agree that Coffeyville the Company shall have an insurable interest in Crude Oil that is subject to a Purchase Procurement Contract and that Coffeyville the Company may, at its election and with prior notice to SupplierXxxx, endeavor to insure the Crude Oil. If pursuant to the terms of this Agreement, Coffeyville the Company bears the loss of any Crude Oil, then (subject to any other setoff or netting rights Xxxx may have hereunder) any insurance payment to Supplier Xxxx made to cover same shall be promptly paid over by Supplier to Coffeyville. Notwithstanding anything Xxxx to the contrary hereinCompany. (e) To the extent any of the Crude Oil or Products are transported from one Included Location to another Included Location via truck or rail, it is agreed that the full title, custody and risk of loss for such Crude Oil or Products shall pass from Xxxx to the Company as such material passes the exit flange of the loading facility of the relevant Included Location, remain with the Company or one of its Affiliates at all times while such material is in transit between such Included Locations (whether held in a truck or train or in facilities, pipelines or other connecting hoses used in connection with such transit activities) and pass back to Xxxx from the Company (or one of its Affiliates) as such material passes the intake flange of the receiving facility of the relevant Included Location. (f) With respect to the shipment of any Crude Oil Gains from the terminal operated by Plains West Coast Terminals LLC (the “Xxxxx Facility”) via the GATX 12” Pipeline (the “BP Pipeline”) for delivery to the PPC 12” Pipeline described on Schedule X, it is agreed that (i) the full title, custody and Losses risk of loss for such Crude Oil shall be borne by pass from Xxxx to the Company as such material passes the exit flange of the Xxxxx Facility, remain with the Company at all times while such material is in transit in the BP Pipeline and for pass back to Xxxx from the account Company as such material passes the intake flange of Coffeyville the PPC 12” Pipeline described on Schedule X. (g) Without limiting clauses (e) and (f) above, to the extent the Company wishes to sell any Catastrophic Loss Crude Oil to any third party, the Company acknowledges that it shall be borne by and for not have the account of Supplierauthority to agree to such sale without Aron’s prior written consent.

Title, Risk of Loss and Custody. (a) Title to and risk of loss of the Crude Oil shall pass from Supplier Xxxx to Coffeyville the Company at the Crude Delivery Point. Coffeyville The Company shall assume custody of the Crude Oil as it passes the Crude Delivery Point. Before custody transfer. (b) During the time any Crude Oil or Products is held in any Storage Facilities, Supplier the Company, PPC and certain of PPC’s Affiliates, in their capacity as operator of the Storage Facilities and pursuant to the Storage Facilities Agreement, shall be solely responsible for compliance with all Applicable Laws, including all Environmental Laws, pertaining to the possession, handling, use and processing of such Crude Oil or Products and shall indemnify and hold harmless CoffeyvilleXxxx, its Affiliates and their agents, representatives, contractors, employees, directors and officers, for all Liabilities directly or indirectly arising therefrom except to the extent such Liabilities are caused by or attributable to any of the matters for which Coffeyville Xxxx is indemnifying Supplier the Company pursuant to Section 19.2. Article 20. (c) At and after custody transfer of any Crude Oil at the Crude Delivery Point, Coffeyville the Company, PPC and their Affiliates shall be solely responsible for compliance with all Applicable Laws, including all Environmental Laws, Laws pertaining to the possession, handling, use and processing of such Crude Oil and shall indemnify and hold harmless SupplierXxxx, its Affiliates and their agents, representatives, contractors, employees, directors and officers, for all Liabilities directly or indirectly arising therefrom. . (d) Notwithstanding anything to the contrary herein, Supplier Xxxx and Coffeyville the Company agree that Coffeyville the Company shall have an insurable interest in Crude Oil that is subject to a Purchase Procurement Contract and that Coffeyville the Company may, at its election and with prior notice to SupplierXxxx, endeavor to insure the Crude Oil. If pursuant to the terms of this Agreement, Coffeyville the Company bears the loss of any Crude Oil, then (subject to any other setoff or netting rights Xxxx may have hereunder) any insurance payment to Supplier Xxxx made to cover same shall be promptly paid over by Supplier to Coffeyville. Notwithstanding anything Xxxx to the contrary hereinCompany. (e) To the extent any of the Crude Oil or Products are transported from one Included Location to another Included Location via truck or rail, it is agreed that the full title, custody and risk of loss for such Crude Oil or Products shall pass from Xxxx to the Company as such material passes the exit flange of the loading facility of the relevant Included Location, remain with the Company or one of its Affiliates at all times while such material is in transit between such Included Locations (whether held in a truck or train or in facilities, pipelines or other connecting hoses used in connection with such transit activities) and pass back to Xxxx from the Company (or one of its Affiliates) as such material passes the intake flange of the receiving facility of the relevant Included Location. (f) Without limiting clause (e) above, to the extent the Company wishes to sell any Crude Oil Gains and Losses to any third party, the Company acknowledges that it shall be borne by and for not have the account of Coffeyville and any Catastrophic Loss shall be borne by and for the account of Supplierauthority to agree to such sale without Aron’s prior written consent.