ISA. (a) All costs incurred with respect to the ISA, other than the Initial Inventory purchase obligations expressly imposed on Seller pursuant to this Appendix 11, shall be solely for the account of Buyer. (b) As between Seller and Buyer, notwithstanding the terms of the ISA, in the event of the conflict between any terms of the SPA and the ISA that could adversely affect Seller, the terms of the ISA shall apply instead. (c) The provisions of Clause 40(c) of the Agreement expressly apply to this Appendix 11, and there are no third party beneficiaries of this Appendix 11. For the avoidance of doubt, Valero shall have no rights with respect to the Agreement or this Appendix 11, and Seller shall not be subject to any terms of the ISA and SPA.
Appears in 2 contracts
Sources: Crude Oil/Feedstock Supply/Delivery and Services Agreement (PBF Energy Inc.), Crude Oil/Feedstock Supply/Delivery and Services Agreement (PBF Energy Inc.)