Vessel. (i) Oil relating to this Agreement shall be Supplied on Vessels acceptable to Buyer. Buyer shall accept such nominated Vessel, and such acceptance shall not be unreasonably withheld. Buyer shall, within one Business Day after having received Seller’s nomination of a Vessel, notify Seller of:
(1) All instructions regarding customary Refinery documentation required at the Supply Port.
(2) The intended Berth at the Supply Port, with instructions to enable the Vessel to prepare and submit necessary information to the customs or border authorities in a timely manner so as to enable compliance with regulatory requirements as may be applicable.
(3) Whether the Vessel is acceptable to Buyer. If the Vessel is not acceptable to Buyer, Buyer shall notify Seller of the specific reason or reasons for such unacceptability so that Seller may take such reasonable corrective action to correct such unacceptability, if possible.
(ii) Seller shall instruct all Vessels to comply with Buyer’s then-current rules and regulations and to comply with all applicable Laws in force at the Supply Port, including the U.S. Federal Water Pollution Control Act, as amended, the U.S. Federal Oil Pollution Control Act of 1990 and regulations issued pursuant thereto. Buyer shall provide Seller with an electronic copy of its rules and regulations and any amendments thereto. Seller shall ensure that all Vessels secure and carry on board the vessel a current U.S. Coast Guard Certificate of Financial Responsibility (Water Pollution). Vessels shall also have onboard any other Federal and/or state proof of financial responsibility certificate that may be required at the Refinery, as communicated by Buyer to Seller in a manner that reasonably allows the Vessel owner to obtain such certificate in a timely manner. Seller shall exercise due diligence to ensure that any Vessel shall fully comply or hold waivers for non-compliance with all applicable US Customs and Border Protection regulations in effect as of the date of Berth. Seller shall provide all required Customs information to the US Customs and Border Protection and Buyer prior to a Vessel’s arrival.
(iii) Seller shall arrange that each Vessel shall comply with the requirements of the International Code for the Security of Ships and of Port Facilities and the relevant amendments to Chapter XI of SOLAS (“ISPS Code”) and the US Maritime Transportation Security Act of 2002 (“MTSA”). Each Vessel shall, when required, submit a Declaration of Security t...
Vessel. The equipment and personnel necessary for the fuel filling at the vessel implementation place must be ready. Expenses, losses, damages or delays occurred by this reason shall be under buyer's responsibility.
Vessel. The term “Vessel” or “Vessels” shall include any ocean-going barge, or Ocean Vessel.
Vessel. For the purpose of this contract, the words “vessel” or “
Vessel. The vessel nominated to receive the products (as stated in the Seller’s Sales Confirmation).
Vessel. All Products received from or delivered to Vessels will be determined by an IIC using the measurement methods below and will be the basis for preparing relevant shipping documents except in cases of fraud or manifest error. In the absence of an IIC, Company’s measurements will be final and binding except in cases of fraud or manifest error. The volumes received from or delivered to Vessels shall be determined by one of the following measurement methods in the following order of preference:
(i) custody transfer grade meter(s);
(ii) shore tank(s) measurements (static tank), as determined by the IIC;
(iii) in the event of an active (versus static) shore tank during any part of the transfer, or if the IIC determines shore quantities to be inaccurate or not representative of the cargo transferred, quantity shall be based on the volumes as determined from measurements of the Vessel before and after the transfer with application of a vessel experience factor, if determined valid and applicable by the IIC; or
(iv) in the event the IIC determines that the above custody transfer measurement points are inaccurate or not representative of the volume(s) of cargo transferred, the Parties agree to negotiate in good faith to agree upon a new basis for custody transfer volumes.
Vessel. Borrower will be the registered owner of an ultra-deepwater dynamically positioned drill ship named [•] with hull number [•] (“Vessel”) to be built by Samsung Heavy Industries Co. Ltd. (“Shipbuilder”) pursuant to a contract for the construction and sale of a drillship dated [•] between Borrower and Shipbuilder (the “Shipbuilding Contract”).
Vessel. If the Schedule allows Customer to deliver, or cause to be delivered, Product to or receive Product, or cause Product to be received, from the Terminal by Vessel, the procedures in this Section 9.01(c) will apply. Company will receive and redeliver Product by Vessel 24 hours per day, seven days per week in accordance with the agreed-upon scheduling. Customer will arrange with Company for the delivery of Product to one or more Vessels nominated by Customer which have been vetted and otherwise approved in advance by Company in accordance with the Terminal Rules. Subject to the nominating and scheduling procedures in the Terminal Rules, Vessels will be loaded on a first come, first served basis within accepted and confirmed loading windows. Company will not be responsible for the payment of any demurrage or costs incurred by Customer or its carrier for any delay in delivery of Product, except to the extent caused by the gross negligence or willful misconduct of Company. The procedures set forth in the Terminal Rules will apply to the loading and unloading and receipt and redelivery of all Product by Vessel at the Terminal.
Vessel. (a) The Vessel is currently documented with the United States Coast Guard. Seller has good and merchantable title to the Vessel free and clear of all Encumbrances except Permitted Encumbrances. The Seller does not make any representations or warranties as to the condition or seaworthiness of the Vessel.
(b) Each of Seller and the ACBR Entities is, and on the Closing Date, will be, a citizen of the United States, within the meaning of Section 2 of the Shipping Act, 1916, as amended (“Shipping Act”), and the Vessel is U.S. flagged, U.S. built and fully qualified to engage in the coastwise trade of the United States. To Seller’s and ACBR Entities’ knowledge (i) at no time has the Vessel been sold, leased or chartered to a person other than a citizen of the United States within the meaning of the Shipping Act, and (ii) at no time has the Vessel been flagged, documented, registered or operated under the authority or registry of a country other than the United States.
