Common use of Base Contract Quantity Clause in Contracts

Base Contract Quantity. i) Buyer shall nominate to Seller a provisional ten (10) Day Delivery Window for each Cargo no later than forty-five (45) Days prior to the first (1st) Day of Month M, where M is the Month of lifting at the FPSO, it being understood that where the ten (10) Day Delivery Window Win Ten is in more than one Month(for example, Days 1 through 5 in December and Days 6 through 10 in January), M will refer to the first Month in that Win Ten (or, in the preceding example, December) ii) Seller shall confirm to Buyer a ten (10) Day Delivery Window , or “Win Ten” for each Cargo, making commercially reasonable efforts to mirror Buyer’s Delivery Window, no later than fifteen (15) Days prior to the first (1st) Day of Month M described in i) above. It is agreed and understood by the Parties that Seller’s confirmed Win Ten herein is subject to possible revision prior to the fifteenth (15th) Day prior to the first (1st) Day of Month M described in i) above. iii) Seller shall narrow the Win Ten to a three (3) Day Delivery Window, or “Win Three”, no later than twenty (20) Days prior to the first Day of such Win Three. iv) In cases of unscheduled downtime at the Refinery as contemplated in Clause 11 (“Disruption to Delivery”), Buyer will have the option to take Delivery of Oil into Buyer’s other terminals in the Caribbean and into the U.S. Gulf Coast with Seller’s approval, which shall not be unreasonably withheld, with any additional costs or savings for Buyer’s account. v) Should Seller include Diluent in any Cargo, at the time of loading of such Cargo at the FPSO Terminal, Seller will advise Buyer of the quantity and nature of the Diluent used. vi) Seller shall arrange for Vessel to notify Delivery Port of the following estimated times of arrival (“ETA”): ninety-six (96), seventy-two (72), forty-eight (48), twenty-four (24), twelve (12) and six (6) hours and when an ETA changes plus or minus four (4) hours.

Appears in 3 contracts

Sources: Crude Oil Purchase/Sale Agreement, Purchase/Sale Agreement (NuStar GP Holdings, LLC), Purchase/Sale Agreement (NuStar Energy L.P.)