Logistics and Transportation Clause Samples
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Logistics and Transportation. Cargill shall perform the logistics functions to include scheduled maintenance and necessary repairs on railcars for Producer except as noted in this Section. Transportation by truck may be provided at Cargill’s discretion. Cargill shall determine the method of transporting the Ethanol to third parties. Notwithstanding anything to the contrary herein, Producer shall be solely responsible for any damage to any trucks, rail cars, equipment, or vessels caused by its acts or omissions. Cargill will use commercially reasonable efforts to furnish railcars to service Producer and charge Producer the Railcar Costs (as defined in Exhibit A or Exhibit B, depending upon which formula is applicable). Producer acknowledges that Cargill may enter into railcar lease agreements in reliance on the Projected Date of First Delivery (as defined below). Producer agrees (i) to promptly reimburse Cargill for such Railcar Costs upon submission to Producer of an invoice itemizing such Railcar Costs; (ii) that this payment obligation will commence on the date Cargill begins to incur such Railcar Costs and shall survive the expiration or earlier termination of this Agreement or the Master Agreement; and (iii) Cargill may deduct and setoff the Railcar Costs from and against the Net Price, as further described in Exhibit A or Exhibit B, depending upon which formula is applicable. Cargill agrees to use commercially reasonable efforts to deploy railcars not needed by Producer for other uses, whether by sublease, re-allocation or otherwise, and any revenues received by Cargill from such deployment shall be applied to reduce the Railcar Costs. Following the execution by Cargill of any stand-alone railcar lease agreement or a rider to an existing master railcar lease agreement, if any, and in each case for railcars to service Producer, Cargill shall not amend or modify, or consent to the amendment or modification of, any such stand-alone railcar lease agreement or rider without the prior written consent of Producer. Cargill shall also maintain, at Producer’s request, property damage insurance with respect to the leased railcars reasonably satisfactory to Producer (the “Railcar Insurance”); provided, that the premiums for, and any deductible paid in connection with a claim under, such Railcar Insurance shall be Accessorial Charges (as defined in Exhibit A) or a component of Net Price (as defined in Exhibit B). If at any time Producer no longer has existing or currently contemplated contract...
Logistics and Transportation. SS&W shall use commercially reasonable efforts to have all project supplied equipment delivered to the Project site in support of the project schedule. All formal bid inquiries will solicit the manufacturer’s firm cost for delivery on a DDP, freight, import taxes and duties paid basis (INCOTERMS 2000) to the Pocatello, Idaho Site. Equipment suppliers will be responsible for the delivery of equipment to the Project site except in cases where other considerations may dictate. The manufacturer’s delivery costs will be transmitted to the requisitioning engineer upon receipt for review and development of the purchase recommendation.
Logistics and Transportation. Cargill shall perform certain logistics functions for Producer relating to its Ethanol, including the arranging of rail and truck freight, bills of lading, and scheduling pick-up appointments, provided that Producer shall be a party to, or a third party beneficiary of, each rail or truck transportation agreement. Transportation by truck may be provided at Cargill’s discretion. Cargill shall determine the method of transporting the Ethanol to third parties. Notwithstanding anything to the contrary herein, Producer shall be solely responsible for any damage to any trucks, railcars, or equipment caused by its acts or omissions. Further, Producer agrees that it shall be solely responsible for furnishing a minimum of 275 tank railcars to service the Facility and transport Ethanol via rail to third parties, including all costs and expenses incident thereto. Producer shall use the following product description for Department of Transportation Hazardous Materials shipments: “Alcohols, n.o.s., (Ethanol, gasoline) 3, UN1987, PGII”. Producer shall provide such information on each ▇▇▇▇ of lading. Each ▇▇▇▇ of lading will also state that the Ethanol contains an approved corrosion inhibitor. Producer shall maintain the truck and railcar loading facilities in safe operating condition in accordance with normal industry standards and will visually inspect all trucks and railcars to ensure: (a) their cleanliness so as to avoid adulteration and contamination; (b) that such trucks and railcars are properly sealed and contain all necessary safety devices and placards; and (c) that such trucks and railcars are in a condition suitable for loading and transporting the Ethanol under applicable law.
Logistics and Transportation. Cargill shall perform certain logistics functions for Producer, including the arranging of rail and truck freight, bills of lading, and scheduling pick-up appointments, provided that Producer shall be a party to, or third party beneficiary of, each rail or truck transportation agreement. Transportation by truck may be provided at Cargill’s discretion. Cargill shall determine the method of transporting DG to third parties. Notwithstanding anything to the contrary herein, Producer shall be solely responsible for any damage to any trucks, railcars or equipment caused by its acts or omissions. Further, Producer agrees that it shall be solely responsible for furnishing a minimum of 200 covered ▇▇▇▇▇▇ railcars to service the Facility and transport DG via railcar to customers. The time and place of delivery for DG marketed pursuant to this Agreement shall be such time and place as such DG is unloaded at a customer’s facility and accepted by such customer.
Logistics and Transportation. All used Wheelsets for scrap or repair/reconditioning will be returned to SUPPLIER, and will be loaded by UNION PACIFIC at the UNION PACIFIC-designated "pickup" spot for used Wheelsets at each UNION PACIFIC location. SUPPLIER is responsible for transporting (including coordinating transportation on UNION PACIFIC lines) used Wheelsets to the applicable SUPPLIER Wheel Shop, and for determining if the used Wheelsets are suitable for repair/reconditioning. SUPPLIER is also responsible for transporting new or repaired/reconditioned Wheelsets from the applicable SUPPLIER Wheel Shop "source" to the applicable UNION PACIFIC location "destination," and placement in the Wheel Garden at each UNION PACIFIC location. Shipment on UNION PACIFIC lines will be on UNION PACIFIC terms and conditions applicable to third party, arms-length customers, except that the rates charged SUPPLIER will be UNION PACIFIC's then- current "internal move" rates. All loading and unloading will be the responsibility of SUPPLIER, except that loading and unloading on UNION PACIFIC property will be coordinated by SUPPLIER but performed by UNION PACIFIC forces. UNION PACIFIC agrees to indemnify and hold harmless SUPPLIER from and against any and all claims made against SUPPLIER for injuries suffered by any UNION PACIFIC employee during such loading and unloading on UNION PACIFIC property.
Logistics and Transportation. These nonmedical functions are important to effectively and efficiently meet the full mission of the MHSS and are represented by the nonmedical area notation in Figure 1. Business and mission needs drive the IM/IT requirements from Business Process Reengineering (BPR) to MHSS Program Objective Memorandum (POM) development, budget execution, and IM/IT strategic planning. IT investment provides a force multiplier to ensure that the information needs of the MHSS are met by providing the right information to the right location at the right time. Figure 1 - Health Functional Architecture [OPERATIONAL CONTINUUM GRAPHIC] Functional requirements are derived from business needs, thereby building the basis for MHSS IM/IT support requirements. BPR and functional process improvement outputs are used to build the requirements that drive IM/IT. Mapping of functional requirements is an important Step to ensuring that the requirements are addressed only once and that like requirements from different functional processes are aggregated and addressed in one technical area.
Logistics and Transportation. Scoular will (i) determine the method of transporting DG from the Facility to third parties, (ii) be solely responsible for securing and maintaining all agreements necessary to transport DG from the Facility, (iii) perform the logistics functions for TVAE for any railcars, trucks or equipment used to transport DG, and (iv) except as may be otherwise provided in the Distillers Grain Services Definitive Agreement, bear all sales, marketing, logistics, management and collection costs after DG title and risk of loss passes to Scoular. However, TVAE will provide all labor and services associated with the storing, handling and loading out DG at the Facility, including inspecting the railcars, trucks or other equipment for suitability to transport DG and obtaining loaded-out DG certified weights. DG title and risk of loss will transfer to Scoular upon loading into railcars to trucks at the Facility.
Logistics and Transportation