By Shipper Clause Samples
The "By Shipper" clause designates specific rights, responsibilities, or actions that are to be carried out by the shipper in a shipping or transportation agreement. Typically, this clause outlines obligations such as providing accurate cargo information, ensuring proper packaging, or arranging for timely delivery to the carrier. By clearly assigning these duties to the shipper, the clause helps prevent disputes and ensures that both parties understand their respective roles, thereby promoting smooth and efficient logistics operations.
By Shipper. Shipper shall have the right to assign its rights and obligations, or parts thereof, under this Transportation Service Agreement subject to:
(a) compliance by the assignee with the credit requirements set out in the General Terms and Conditions;
(b) prior written approval of the Lenders, which shall not be unreasonably withheld; and
(c) prior written approval of Transporter, which shall not be unreasonably withheld.
By Shipper. In the event that any of said above referenced materials are discovered on said property, each Party shall immediately notify the other Party of the discovery and existence of said materials. In the event of either Party’s breach of the representations contained in this section, the full responsibility for the handling, remediation, treatment, storage or disposal of any such hazardous substance, petroleum or petroleum product, asbestos material, PCBs or solid waste discovered on said property, including the handling of such materials in compliance with all environmental laws including federal, state and local laws, rules and regulations, shall remain with such Party and such Party shall indemnify, defend and hold harmless the other Party, its Affiliates, and its and their respective employees, officers, directors, members, managers, partners, agents and representatives from all Losses, fines, penalties or compliance orders issued by any Governmental Authority relating to pollution or protection of the environment including without limitation laws and regulations relating to emissions, discharges, releases or threatened releases of chemicals, pollutants, contaminants, waste petroleum, toxic substances and hazardous substances occurring on said property.
By Shipper. Notwithstanding the provisions of Section 8.1, Shipper may assign all, but not less than all, of its rights and obligations under this Agreement to an Affiliate concurrently with assignment to the same Affiliate of all of its rights and obligations under the Interconnection Agreement, provided however, Shipper shall not be released of its obligations under this Agreement, unless: (i) prior to such assignment such Affiliate enters into an agreement directly with the Transporter under this Agreement under which such ▇▇▇▇▇▇▇▇▇ agrees to assume, perform and observe the Shipper’s obligations under this Agreement; (ii) such Affiliate is at least equal to the creditworthiness of the Shipper, in Transporter’s reasonable determination; and (iii) any Credit Support or Guarantee currently provided by or on behalf of the Shipper is also provided by or on behalf of such Affiliate.
By Shipper. Shipper may not assign its rights and obligations, or any part thereof, under this Interruptible Transportation Service Agreement.
By Shipper. Shipper shall not be entitled to assign or transfer Shipper’s rights and obligations with respect to all or any portion of the Minimum Volume Commitment without the prior written consent of Carrier, which consent shall not be unreasonably withheld, conditioned or delayed. Carrier shall, without limitation, be deemed reasonable in refusing its consent to an assignment if the assignee or transferee fails to satisfy Carrier’s credit requirements as set forth in the Joint Tariff and this Agreement, does not assume in writing Shipper’s obligations under this Agreement or if a Shipper Default has occurred and is continuing. Any purported assignment in violation of this Section 13(a) shall be null and void.