Common use of Right to Physical Inspection Clause in Contracts

Right to Physical Inspection. From time to time during the Term, Xxxx shall have the right, at its own cost and expense, to have an Independent Inspector or its Representatives conduct surveys and inspections of any of the Tanks or facilities at the Refinery that are used to handle, store or transfer the Product from the Refinery process units to the Tanks, and to observe any Product transfer, handling, metering or related activities (including any aspects of the Volume Determination Procedures applied by PRC pursuant to Sections 6.3 and 9.5); provided that such surveys, inspections and observations shall be made during normal working hours, be subject to the Refinery’s security, safety and other rules and procedures, and be upon reasonable notice and not disrupt the Refinery’s normal operations. PRC agrees to provide Aron’s Independent Inspector and other Representatives with reasonable rights of access to and egress from the Tanks by crossing over, around and about the Facility in connection with this Section 21.2. Xxxx, when undertaking such survey, inspection or observation, either with its own personnel or a contractor or other Representative, shall be responsible for such personnel, contractor or Representative and PRC shall have the right, but not the obligation, to accompany such person at all times while at the Refinery. Neither Xxxx nor its Representatives may conduct any sampling, boring, drilling, probing, digging or other invasive investigative activity or inspections (other than a visual inspection) and none may operate any equipment or machinery or conduct any testing of the same in the course of such inspection. Xxxx (on behalf of Xxxx, its Affiliates and their Representatives, agents and contractors), to the fullest extent permitted by Applicable Law, hereby releases PRC, its Affiliates and their Representatives, agents and contractors from, and agrees to indemnify, defend and hold harmless PRC from any Liabilities, whether incurred by PRC or any of its parent entities, subsidiaries or Affiliates, directly or indirectly, including for (i) personal injuries to Aron’s and its Affiliate’s Representatives, agents and contractors and/or (ii) damages to the property of Aron’s and its Affiliate’s Representatives, agents and contractors, to the extent relating to, arising out of or connected with, directly or indirectly, Aron’s survey, inspection or observation of the Refinery and Tanks or Xxxx Representatives’ travel to or from or presence at the Refinery and Tanks in connection with this Agreement, even if such indemnified event relates to, arises out of or in connection with the active or passive, sole, concurrent or comparative negligence, strict liability, breach of duty (statutory or otherwise), violation of law or other fault of any of the aforesaid indemnified parties, or any pre-existing defect, except as prohibited by Applicable Law.

Right to Physical Inspection. From time to time during the Term, Xxxx shall have the right, at its own cost and expense, to have an Independent Inspector or its Representatives conduct surveys and inspections of any of the Tanks or facilities at the Refinery that are used to handle, store or transfer the Product from the Refinery process units to the Tanks, and to observe any Product transfer, handling, metering or related activities (including any aspects of the Volume Determination Procedures applied by PRC DCR pursuant to Sections 6.3 and 9.5); provided that such surveys, inspections and observations shall be made during normal working hours, be subject to the Refinery’s security, safety and other rules and procedures, and be upon reasonable notice and not disrupt the Refinery’s normal operations. PRC DCR agrees to provide Aron’s Independent Inspector and other Representatives with reasonable rights of access to and egress from the Tanks by crossing over, around and about the Facility in connection with this Section 21.2. Xxxx, when undertaking such survey, inspection or observation, either with its own personnel or a contractor or other Representative, shall be responsible for such personnel, contractor or Representative and PRC DCR shall have the right, but not the obligation, to accompany such person at all times while at the Refinery. Neither Xxxx nor its Representatives may conduct any sampling, boring, drilling, probing, digging or other invasive investigative activity or inspections (other than a visual inspection) and none may operate any equipment or machinery or conduct any testing of the same in the course of such 67 inspection. Xxxx (on behalf of Xxxx, its Affiliates and their Representatives, agents and contractors), to the fullest extent permitted by Applicable Law, hereby releases PRCDCR, its Affiliates and their Representatives, agents and contractors from, and agrees to indemnify, defend and hold harmless PRC DCR from any Liabilities, whether incurred by PRC DCR or any of its parent entities, subsidiaries or Affiliates, directly or indirectly, including for (i) personal injuries to Aron’s and its Affiliate’s Representatives, agents and contractors and/or (ii) damages to the property of Aron’s and its Affiliate’s Representatives, agents and contractors, to the extent relating to, arising out of or connected with, directly or indirectly, Aron’s survey, inspection or observation of the Refinery and Tanks or Xxxx Representatives’ travel to or from or presence at the Refinery and Tanks in connection with this Agreement, even if such indemnified event relates to, arises out of or in connection with the active or passive, sole, concurrent or comparative negligence, strict liability, breach of duty (statutory or otherwise), violation of law or other fault of any of the aforesaid indemnified parties, or any pre-existing defect, except as prohibited by Applicable Law.

Right to Physical Inspection. From time to time during the Term, Xxxx shall have the right, at its own cost and expense, to have an Independent Inspector or its Representatives conduct surveys and inspections of any of the Tanks or facilities at the Refinery that are used to handle, store or transfer the Product from the Refinery process units to the Tanks, and to observe any Product transfer, handling, metering or related activities (including any aspects of the Volume Determination Procedures applied by PRC DCR pursuant to Sections 6.3 and 9.5); provided that such surveys, inspections and observations shall be made during normal working hours, be subject to the Refinery’s security, safety and other rules and procedures, and be upon reasonable notice and not disrupt the Refinery’s normal operations. PRC DCR agrees to provide Aron’s Independent Inspector and other Representatives with reasonable rights of access to and egress from the Tanks by crossing over, around and about the Facility in connection with this Section 21.2. Xxxx, when undertaking such survey, inspection or observation, either with its own personnel or a contractor or other Representative, shall be responsible for such personnel, contractor or Representative and PRC DCR shall have the right, but not the obligation, to accompany such person at all times while at the Refinery. Neither Xxxx nor its Representatives may conduct any sampling, boring, drilling, probing, digging or other invasive investigative activity or inspections (other than a visual inspection) and none may operate any equipment or machinery or conduct any testing of the same in the course of such inspection. Xxxx (on behalf of Xxxx, its Affiliates and their Representatives, agents and contractors), to the fullest extent permitted by Applicable Law, hereby releases PRCny-1664023 DCR, its Affiliates and their Representatives, agents and contractors from, and agrees to indemnify, defend and hold harmless PRC DCR from any Liabilities, whether incurred by PRC DCR or any of its parent entities, subsidiaries or Affiliates, directly or indirectly, including for (i) personal injuries to Aron’s and its Affiliate’s Representatives, agents and contractors and/or (ii) damages to the property of Aron’s and its Affiliate’s Representatives, agents and contractors, to the extent relating to, arising out of or connected with, directly or indirectly, Aron’s survey, inspection or observation of the Refinery and Tanks or Xxxx Representatives’ travel to or from or presence at the Refinery and Tanks in connection with this Agreement, even if such indemnified event relates to, arises out of or in connection with the active or passive, sole, concurrent or comparative negligence, strict liability, breach of duty (statutory or otherwise), violation of law or other fault of any of the aforesaid indemnified parties, or any pre-existing defect, except as prohibited by Applicable Law.

Right to Physical Inspection. From time to time during the Term, Xxxx shall have the right, at its own cost and expense, to have an Independent Inspector or its Representatives conduct surveys and inspections of any of the Tanks or facilities at the Refinery that are used to handle, store or transfer the Product from the Refinery process units to the Tanks, and to observe any Product transfer, handling, metering or related activities (including any aspects of the Volume Determination Procedures applied by PRC DCR pursuant to Sections 6.3 and 9.5); provided that such surveys, inspections and observations shall be made during normal working hours, be subject to the Refinery’s security, safety and other rules and procedures, and be upon reasonable notice and not disrupt the Refinery’s normal operations. PRC DCR agrees to provide Aron’s Independent Inspector and other Representatives with reasonable rights of access to and egress from the Tanks by crossing over, around and about the Facility in connection with this Section 21.2. Xxxx, when undertaking such survey, inspection or observation, either with its own personnel or a contractor or other Representative, shall be responsible for such personnel, contractor or Representative and PRC DCR shall have the right, but not the obligation, to accompany such person at all times while at the Refinery. Neither Xxxx nor its Representatives may conduct any sampling, boring, drilling, probing, digging or other invasive investigative activity or inspections (other than a visual inspection) and none may operate any equipment or machinery or conduct any testing of the same in the course of such inspection. Xxxx (on behalf of Xxxx, its Affiliates and their Representatives, agents and contractors), to the fullest extent permitted by Applicable Law, hereby releases PRCDCR, its Affiliates and their Representatives, agents and contractors from, and agrees to indemnify, defend and hold harmless PRC DCR from any Liabilities, whether incurred by PRC DCR or any of its parent entities, subsidiaries or Affiliates, directly or indirectly, including for (i) personal injuries to Aron’s and its Affiliate’s Representatives, agents and contractors and/or (ii) damages to the property of Aron’s and its Affiliate’s Representatives, agents and contractors, to the extent relating to, arising out of or connected with, directly or indirectly, Aron’s survey, inspection or observation of the Refinery and Tanks or Xxxx Representatives’ travel to or from or presence at the Refinery and Tanks in connection with this Agreement, even if such indemnified event relates to, arises out of or in connection with the active or passive, sole, concurrent or comparative negligence, strict liability, breach of duty (statutory or 60 otherwise), violation of law or other fault of any of the aforesaid indemnified parties, or any pre-existing defect, except as prohibited by Applicable Law.

Right to Physical Inspection. From time to time during the Term, Xxxx Aron shall have the right, at its own cost and expense, to have an Independent Inspector or its Representatives conduct surveys and inspections of any of the Tanks Included Locations (including any Tanks) or facilities at the any Refinery that are used to handle, store or transfer the Product from the any Refinery process units to the Tanks, and to observe any Product transfer, handling, metering or related activities (including for the purpose of conducting sampling and analysis of any Products and any aspects of the Volume Determination Procedures applied by PRC any Transaction Entity pursuant to Sections 6.3 and 9.5); provided that such surveys, inspections and observations shall be made during normal working hours, be subject to the applicable Refinery’s security, safety and other rules and procedures, and be upon reasonable notice and not disrupt the any Refinery’s normal operations. PRC Each Transaction Entity agrees to provide Aron’s Independent Inspector and other Representatives with reasonable rights of access to and egress from the Tanks Included Locations (including any Tanks) by crossing over, around and about the Facility in connection with this Section 21.2. XxxxAron, when undertaking such survey, inspection or observation, either with its own personnel or a contractor or other Representative, shall be responsible for such personnel, contractor or Representative and PRC each applicable Transaction Entity shall have the right, but not the obligation, to accompany such person at all times while at the any Refinery. Neither Xxxx Aron nor its Representatives may conduct any sampling, boring, drilling, probing, digging or other invasive investigative activity or inspections (other than a visual inspection) and none may operate any equipment or machinery or conduct any testing of the same in the course of such inspectionactivity. Xxxx Aron (on behalf of XxxxAron, its Affiliates and their Representatives, agents and contractors), to the fullest extent permitted by Applicable Law, hereby releases PRCthe Transaction Entities, its their Affiliates and their Representatives, agents and contractors from, and agrees to indemnify, defend and hold harmless PRC the Transaction Entities from any Liabilities, whether incurred by PRC a Transaction Entity or any of its parent entities, subsidiaries or Affiliates, directly or indirectly, including for (i) personal injuries to Aron’s and its Affiliate’s Representatives, agents and contractors and/or (ii) damages to the property of Aron’s and its Affiliate’s Representatives, agents and contractors, to the extent relating to, arising out of or connected with, directly or indirectly, Aron’s survey, inspection or observation of the any Refinery and Tanks or Xxxx Aron Representatives’ travel to or from or presence at the any Refinery and Tanks in connection with this Agreement, even if such indemnified event relates to, arises out of or in connection with the active or passive, sole, concurrent or comparative negligence, strict liability, breach of duty (statutory or otherwise), violation of law or other fault of any of the aforesaid indemnified parties, or any pre-existing defect, except as prohibited by Applicable Law.

Right to Physical Inspection. From time to time during the Term, Xxxx shall have the right, at its own cost and expense, to have an Independent Inspector or its Representatives conduct surveys and inspections of any of the Tanks or facilities at the Refinery that are used to handle, store or transfer the Product from the Refinery process units to the Tanks, and to observe any Product transfer, handling, metering or related activities (including any aspects of the Volume Determination Procedures applied by PRC pursuant to Sections 6.3 and 9.5); provided that such surveys, inspections and observations shall be made during normal working hours, be subject to the Refinery’s security, safety and other rules and procedures, and be upon reasonable notice and not disrupt the Refinery’s normal operations. PRC agrees to provide Aron’s Independent Inspector and other Representatives with reasonable rights of access to and egress from the Tanks by crossing over, around and about the Facility in connection with this Section 21.2. Xxxx, when undertaking such survey, ny-1739899 inspection or observation, either with its own personnel or a contractor or other Representative, shall be responsible for such personnel, contractor or Representative and PRC shall have the right, but not the obligation, to accompany such person at all times while at the Refinery. Neither Xxxx nor its Representatives may conduct any sampling, boring, drilling, probing, digging or other invasive investigative activity or inspections (other than a visual inspection) and none may operate any equipment or machinery or conduct any testing of the same in the course of such inspection. Xxxx (on behalf of Xxxx, its Affiliates and their Representatives, agents and contractors), to the fullest extent permitted by Applicable Law, hereby releases PRC, its Affiliates and their Representatives, agents and contractors from, and agrees to indemnify, defend and hold harmless PRC from any Liabilities, whether incurred by PRC or any of its parent entities, subsidiaries or Affiliates, directly or indirectly, including for (i) personal injuries to Aron’s and its Affiliate’s Representatives, agents and contractors and/or (ii) damages to the property of Aron’s and its Affiliate’s Representatives, agents and contractors, to the extent relating to, arising out of or connected with, directly or indirectly, Aron’s survey, inspection or observation of the Refinery and Tanks or Xxxx Representatives’ travel to or from or presence at the Refinery and Tanks in connection with this Agreement, even if such indemnified event relates to, arises out of or in connection with the active or passive, sole, concurrent or comparative negligence, strict liability, breach of duty (statutory or otherwise), violation of law or other fault of any of the aforesaid indemnified parties, or any pre-existing defect, except as prohibited by Applicable Law.

Right to Physical Inspection. From time to time during the Term, Xxxx Aron shall have the right, at its own cost and expense, to have an Independent Inspector or its Representatives conduct surveys and inspections of any of the Tanks Included Locations (including any Tanks) or facilities at the any Refinery that are used to handle, store or transfer the Product from the any Refinery process units to the Tanks, and to observe any Product transfer, handling, metering or related activities (including for the purpose of conducting sampling and analysis of any Products and any aspects of the Volume 106 Determination Procedures applied by PRC any Transaction Entity pursuant to Sections 6.3 and 9.5); provided that such surveys, inspections and observations shall be made during normal working hours, be subject to the applicable Refinery’s security, safety and other rules and procedures, and be upon reasonable notice and not disrupt the any Refinery’s normal operations. PRC Each Transaction Entity agrees to provide Aron’s Independent Inspector and other Representatives with reasonable rights of access to and egress from the Tanks Included Locations (including any Tanks) by crossing over, around and about the Facility in connection with this Section 21.2. XxxxAron, when undertaking such survey, inspection or observation, either with its own personnel or a contractor or other Representative, shall be responsible for such personnel, contractor or Representative and PRC each applicable Transaction Entity shall have the right, but not the obligation, to accompany such person at all times while at the any Refinery. Neither Xxxx Aron nor its Representatives may conduct any sampling, boring, drilling, probing, digging or other invasive investigative activity or inspections (other than a visual inspection) and none may operate any equipment or machinery or conduct any testing of the same in the course of such inspectionactivity. Xxxx Aron (on behalf of XxxxAron, its Affiliates and their Representatives, agents and contractors), to the fullest extent permitted by Applicable Law, hereby releases PRCthe Transaction Entities, its their Affiliates and their Representatives, agents and contractors from, and agrees to indemnify, defend and hold harmless PRC the Transaction Entities from any Liabilities, whether incurred by PRC a Transaction Entity or any of its parent entities, subsidiaries or Affiliates, directly or indirectly, including for (i) personal injuries to Aron’s and its Affiliate’s Representatives, agents and contractors and/or (ii) damages to the property of Aron’s and its Affiliate’s Representatives, agents and contractors, to the extent relating to, arising out of or connected with, directly or indirectly, Aron’s survey, inspection or observation of the any Refinery and Tanks or Xxxx Aron Representatives’ travel to or from or presence at the any Refinery and Tanks in connection with this Agreement, even if such indemnified event relates to, arises out of or in connection with the active or passive, sole, concurrent or comparative negligence, strict liability, breach of duty (statutory or otherwise), violation of law or other fault of any of the aforesaid indemnified parties, or any pre-existing defect, except as prohibited by Applicable Law.