Forecasts and Projections. The Parties acknowledge that the Company (together with the other Transaction Parties) is solely responsible for providing the Monthly Feedstock Forecast and for making any adjustments thereto, and the Transaction Parties agree that all such forecasts and projections shall be prepared in good faith, with due regard to all available and reliable historical information and the Transaction Parties’ then-current business prospects, and in accordance with such standards of care as are generally applicable in the U.S. refining industry; provided, however, the Parties acknowledge and agree that such forecasts and projections are only estimates, and the Transaction Parties shall have no liability to ▇▇▇▇ for any differences between such forecasts and projections provided by the Transaction Parties in good faith and the actual Feedstock requirements or runs. The Transaction Parties acknowledge and agree that (A) ▇▇▇▇ shall be entitled to rely and act, and shall be fully protected in relying and acting, upon all such forecasts and projections, and (B) ▇▇▇▇ shall not have any responsibility to make any investigation into the facts or matters stated in such forecasts or projections.
Appears in 2 contracts
Sources: Omnibus Amendment Agreement (Calumet, Inc. /DE), Monetization Master Agreement (Calumet Specialty Products Partners, L.P.)