PBF Designee definition
Examples of PBF Designee in a sentence
PBF acknowledges that, notwithstanding anything to the contrary contained in this Agreement or in any Storage Facility Service Order, PBF or PBF Designee acquires no right, title or interest in or to any of the Storage Facility, except the right to receive, deliver and store the Products in the Tanks.
PBF or the PBF Designee shall have the right to conduct such audit no more than once per calendar quarter and each audit shall be limited in time to no more than the present and prior two (2) calendar years.
PBF, the PBF Designee and their respective representatives, upon reasonable notice and during normal working hours, shall have access to the accounting records and other documents maintained by the Operator, or any of its contractors and agents, which relate to this Agreement, and shall have the right to audit such records at any reasonable time or times during the Term and for a period of up to two (2) years after termination of this Agreement.
PBF or PBF Designee hereby warrants that it shall have good title to and the right to deliver, store and receive Products pursuant to the terms of this Agreement or any applicable Storage Facility Service Order.
Both Parties acknowledge that this Agreement and any Storage Facility Service Order represent a bailment of Products by PBF or PBF Designee to Operator and not a consignment of Products, it being understood that Operator has no authority hereunder to sell or seek purchasers for the Products of PBF or PBF Designee.
It is expressly understood that the provisions of this Agreement and any Storage Facility Service Order do not impart enforceable rights in anyone who is not a Party or successor or permitted assignee of a Party; provided, however, that upon written request from PBF, this Agreement will be amended by the Parties to make any PBF Designee or lender or intermediator of PBF or any PBF Designee a third-party beneficiary hereof.
PBF shall be responsible for all the PBF Designee’s payments to the Operator hereunder; provided, however, that the Operator shall accept payment in connection with this Agreement directly from any PBF Designee and apply such payments against amounts owed by PBF hereunder.
Additionally, the Operator shall make available a copy of any meter calibration report, to be available for inspection upon reasonable request by PBF or the PBF Designee at the Terminal following any calibration.
Title to all PBF’s or PBF Designee’s Products received in the Storage Facility shall remain with PBF or PBF Designee at all times.