Limitation of Liability and Damages. 7.1 The maximum Liability of Owner for Product Loss will not exceed, and is strictly limited to, the market value of the Product at the time of the Product Loss or immediately prior to its contamination, plus the costs and expenses actually, reasonably and necessarily incurred by Customer or Customer’s immediate purchaser in damage to equipment into which such Product was delivered from the System, plus any fines and penalties actually levied or imposed by anyone including federal, state or local governments against Customer or Customer’s immediate purchaser by reason of such fault on Owner’s part. Owner may, in lieu of payment for Product, replace such Product with Product of like grade and quality.
Appears in 2 contracts
Samples: Throughput Agreement (SemGroup Energy Partners, L.P.), Throughput Agreement (SemGroup Energy Partners, L.P.)
Limitation of Liability and Damages. 7.1 The maximum Liability of Owner for Product Loss will not exceed, and is strictly limited to, the market value of the Product at the time of the Product Loss or immediately prior to its contamination, plus the costs and expenses actually, reasonably and necessarily incurred by Customer or Customer’s immediate purchaser in damage to equipment into which such Product was delivered from the SystemStorage Tanks, plus any fines and penalties actually levied or imposed by anyone including federal, state or local governments against Customer or Customer’s immediate purchaser by reason of such fault on Owner’s part. Owner may, in lieu of payment for Product, replace such Product with Product of like grade and quality.
Appears in 2 contracts
Samples: Terminalling and Storage Agreement (SemGroup Energy Partners, L.P.), Terminalling and Storage Agreement (SemGroup Energy Partners, L.P.)
Limitation of Liability and Damages. 7.1 The maximum Liability of Owner for Product Loss will not exceed, and is strictly limited to, the market value of the Product at the time of the Product Loss or immediately prior to its contaminationLoss, plus the costs and expenses actually, reasonably and necessarily incurred by Customer or Customer’s immediate purchaser in damage to equipment into which such Product was delivered from the System, plus any fines and penalties actually levied or imposed by anyone including federal, state or local governments Governmental Authorities against Customer or Customer’s immediate purchaser by reason of such fault on Owner’s part. Owner may, in lieu of payment for Product, replace such Product with Product of like grade and quality.
Appears in 1 contract
Samples: Throughput Agreement (SemGroup Energy Partners, L.P.)
Limitation of Liability and Damages. 7.1 The Utilizing the prices set out in Section 8 of Attachment "A", the maximum Liability liability of Owner for Product Loss will not exceed, and is strictly limited to, the market value of the Product at the time of the Product Loss or immediately prior to its contamination, plus the costs and expenses actually, reasonably and necessarily incurred by Customer or Customer’s 's immediate purchaser in damage to equipment equipment, cleaning and repairing trucks, and facilities into which such Product was delivered from at the SystemTerminal, plus any fines and penalties actually levied or imposed by anyone including federal, state or local governments against Customer or Customer’s 's immediate purchaser by reason of such fault on Owner’s 's part. Owner may, in lieu of payment for Product, replace such Product with Product of like grade and quality.
Appears in 1 contract
Samples: And Transportation Services Agreement (TransMontaigne Partners L.P.)
Limitation of Liability and Damages. 7.1 The maximum Liability of Owner for Product Loss will not exceed, and is strictly limited to, the market value of the Product at the time of the Product Loss or immediately prior to its contaminationLoss, plus the costs and expenses actually, reasonably and necessarily incurred by Customer or Customer’s immediate purchaser in damage to equipment into which such Product was delivered from the SystemStorage Tanks, plus any fines and penalties actually levied or imposed by anyone including federal, state or local governments against Customer or Customer’s immediate purchaser by reason of such fault on Owner’s part. Owner may, in lieu of payment for Product, replace such Product with Product of like grade and quality.
Appears in 1 contract
Samples: Terminalling and Storage Agreement (SemGroup Energy Partners, L.P.)
Limitation of Liability and Damages. 7.1 The Utilizing the prices set out in Section 8 of Attachment “A”, the maximum Liability liability of Owner for Product Loss will not exceed, and is strictly limited to, the market value of the Product at the time of the Product Loss or immediately prior to its contamination, plus the costs and expenses actually, reasonably and necessarily incurred by Customer or Customer’s immediate purchaser in damage to equipment equipment, cleaning and repairing trucks, and facilities into which such Product was delivered from at the SystemTerminal, plus any fines and penalties actually levied or imposed by anyone including federal, state or local governments against Customer or Customer’s immediate purchaser by reason of such fault on Owner’s part. Owner may, in lieu of payment for Product, replace such Product with Product of like grade and quality.
Appears in 1 contract
Samples: Terminaling and Transportation Services Agreement (Transmontaigne Inc)