DELIVERY AND NOMINATION Sample Clauses
The DELIVERY AND NOMINATION clause sets out the procedures and requirements for the delivery of goods and the nomination of vessels or other means of transport. It typically details how and when the buyer or seller must notify the other party of the chosen delivery method, location, and timing, and may specify the process for nominating a vessel or carrier for shipment. This clause ensures that both parties are clear on their responsibilities regarding logistics, helping to prevent disputes or delays related to the transportation and receipt of goods.
DELIVERY AND NOMINATION. (a) The volume of gasoline which FORC will receive during 2001 at the El Dorado Refinery an be delivered to any pipeline in accordance with paragraph 4 (h) of the Agreement or delivered from the El Dorado refinery rack.
DELIVERY AND NOMINATION. (a) On or before the 15th of each calendar month, Frontier will submit to ETCo a Monthly Product Forecast ("MPF”). The MPF is the volume of Products estimated to be produced at the Refinery during the following month less Frontier retained volumes for that month as provided for in Schedule A. ETCo must purchase all volumes of Products included in the MPF. Frontier will also provide an estimate for informational purposes only of the Products to be produced for the two months following the MPF month.
(b) If Frontier exceeds the MPF by more than three percent in three consecutive months, the parties shall need to discuss the inaccuracy of the forecasts. Where the actual production exceeds the MPF for three consecutive months by three percent, for each consecutive month following such three month period, Frontier shall pay ETCo five cents per barrel for every barrel produced in excess of the MPF.
(c) Any known planned outage at the Refinery shall be reported by Frontier within ninety (90) days prior to the month of activity. Product deliveries to ETCo and Frontier retained volumes shall be pro-rated to the average of the previous ninety days activity during the outage period.
(d) Subject to the provisions of Sections 4(c) and 13 hereof, if Frontier is unable to deliver the volumes for each Product in the MPF from its production volume at the Refinery, Frontier may elect to purchase additional product and deliver same to ETCo to cover any shortfall of production. If Frontier fails to deliver the MPF volumes (through its production or third party purchases), ETCo will be entitled to purchase the deficient volumes at market-based prices and to deduct the actual value from the formula value specified on that Product Schedule, and debit or credit the difference to Frontier.
(e) Products shall be delivered to the pipeline, rack, and terminal locations as specified in each Schedule. Product deliveries and liftings shall be the MPF, equally divided by week unless otherwise agreed in writing by the Parties. Volumes tendered but not lifted will be sold in storage at the price posting of the commitment period provided that all volumes tendered by Frontier will be lifted by ETCo within three days after tender, except to the extent all the pipelines will not accept delivery. Other Products delivered or lifted will be sold on a mutually agreed basis as per Schedule F.
(f) Deliveries of Frontier retained volumes into the Denver or Colorado Springs markets shall not, in any m...
DELIVERY AND NOMINATION. (a) The FORC retained volumes can be delivered to any pipeline in accordance with paragraph 4 (h) of the Agreement or delivered from the El Dorado refinery rack.
(b) Amend paragraph 4 (f) by deleting paragraph 4 (0 in the Agreement and replacing it with the following: