Common use of Mercury Clause in Contracts

Mercury. The Shippers Group has advised INEOS that the Shippers Production to be tendered for delivery at the Transfer Point will contain levels of mercury of [ ] which level is in excess of the levels set out in Exhibit II and therefore the provisions of Attachment H to Section 2 of this Agreement shall apply. The Shippers Group has advised INEOS that the Shippers Production to be tendered for delivery at the Transfer Point will contain levels of mercury which are less than or equal to the level set out in Exhibit II. Accordingly, there shall be no “Anticipated Level” as defined in and for the purposes of Paragraph 1 of Attachment H to Section 2 of this Agreement. If at any time after the date of this Agreement, Shippers Production which is tendered for delivery at the Transfer Point contains, or is likely to contain, levels of mercury in excess of the levels set out in Exhibit II, the provisions of Paragraphs 3, 5, 9 and 10 of Attachment H to Section 2 of this Agreement shall apply.