FLARES Sample Clauses

FLARES. A. The Appellants alleged in their August 3, 2015 appeal of Shell’s Plan Approval that, among other things, the Plan Approval does not include volatile organic compounds (“VOC”) emission limits or monitoring requirements for the Facility’s flares to assure that Shell complies with the representations set forth in its February 2015 Plan Approval permit application submitted to DEP, and to assure that the operational limits on each flare system are federally enforceable. While Shell does not agree with the Appellants’ assertions, and firmly believes that the Plan Approval addresses the Appellants’ concerns, Shell agrees to the following requirements for the flares to be located at the Facility.
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FLARES. At least six (6) thirty-minute flares in a protective container approved by the Division of Safety.
FLARES. CBF shall allow Xxxxxx to continue the physical piping connection between the Xxxxxx Terminal and the flares and the flare related equipment located at the CBF Facility (including, without limitation, flares, flare tanks, and water and product pumps), as marked on the Plot Plant, (the "Flare Equipment") but excluding the "XXXX Flare" and the "No. 4 Flare Tank for XXXX", as same are marked on the Plot Plan. In 'Confidential Treatment Requested' connection with such continued connection to the Flare Equipment, Xxxxxx shall be authorized to flare natural gas liquids and gas originating from the Xxxxxx Terminal through such flares as are appropriate for the configuration and design of same, subject to any operating procedures established by CBF, it being understood that any such operating procedures may not constructively or otherwise result in Xxxxxx being denied the use of the Flare Equipment in connection with operations at the Xxxxxx Terminal. Both Parties agree to cooperate to prepare and file any and all regulatory reports as necessary to allow both Parties to use the Flare Equipment and to properly report any discharges resulting from the use of the Flare Equipment which are required by law to be reported to regulatory authorities. The Party initiating any flaring of natural gas liquids, gas or any other substances through their own use of the Flare Equipment shall be solely responsible for any fines, penalties or assessments arising as a result of such flaring activity and hereby agrees to indemnify the Party against same, including any reasonable attorney's fees incurred by the other Party prior to tendering any claim hereunder to the indemnifying Party for defense of same. Should either Party become aware of any proposed assessment, fine or penalty arising from any flaring by the other Party hereunder, it shall advise the other Party as soon as feasible and allow such Party to manage resolution of any such matter. In consideration for the access and use of the Flare Equipment, Xxxxxx * shall pay to CBF [REDACTED] of CBF's costs incurred in the maintenance of the Flare Equipment.

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