BERTH UTILISATION AND DELAYS Sample Clauses

BERTH UTILISATION AND DELAYS. 4.1 Berth Utilisation Subject to the provisions of this Attachment D, for the loading of each shipment of Forties Blend INEOS shall provide to the Shippers Group a berth at Hound Point terminal at which a tankship fulfilling the specification for either Berth I or Berth II as given in Paragraph 3.2 can, when fully laden, safely reach and leave and where it can lie always safely afloat. If, while the tankship nominated by the Shippers Operator is approaching berthing or departing from Hound Point terminal, or is present at the Hound Point terminal, the length or draught of such tankship shall be found to exceed the length or draught specified in Paragraph 3.2 for whatsoever reason, then, notwithstanding the provisions of Clause 17 of Section 2 of this Agreement, INEOS or any Affiliate thereof shall not be liable for any loss or damage caused as a result thereof. Such exclusion of liability shall not, however, apply where there has been a loss or damage consequent upon Wilful Misconduct on the part of INEOS or any Affiliate thereof, but INEOS or any Affiliate thereof shall at all times be able to rely on Clause 17.02 of Section 2 of this Agreement.
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Related to BERTH UTILISATION AND DELAYS

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written.

  • NOW, THEREFORE the parties hereto agree as follows:

  • Definitions For purposes of this Agreement:

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

  • Termination This Agreement may be terminated at any time prior to the Closing:

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