Common use of Tanks Clause in Contracts

Tanks. DCR shall make available to Xxxx all of DCR’s and its Affiliates’ rights to use the Tanks for the Term of this Agreement to store the Xxxx Inventory sold by DCR to Xxxx pursuant to this Agreement. Xxxx may only store Xxxx Inventory in the Tanks that has been purchased from DCR pursuant to this Agreement. Notwithstanding anything in this Agreement to the contrary, DCR, as the owner and the operator of the Tanks and the Refinery, retains the right to manage the utilization of the Tanks (including by removing from service, changing the type of Product service of, or otherwise replacing or substituting with alternate tankage, any of the Tanks listed on Schedule B), in its sole discretion and in accordance with Accepted Industry Practice; provided that such utilization management activities by DCR do not prejudice Aron’s rights to the Xxxx Inventory hereunder and that the use of any alternate tankage shall be covered by all of the terms and conditions of this Agreement.

Appears in 4 contracts

Samples: Inventory Intermediation Agreement (PBF Finance Corp), Inventory Intermediation Agreement (PBF Holding Co LLC), Inventory Intermediation Agreement (PBF Energy Inc.)

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Tanks. DCR PRC shall make available to Xxxx all of DCRPRC’s and its Affiliates’ rights to use the Tanks for the Term of this Agreement to store the Xxxx Inventory sold by DCR PRC to Xxxx pursuant to this Agreement. Xxxx may only store Xxxx Inventory in the Tanks that has been purchased from DCR PRC pursuant to this Agreement. Notwithstanding anything in this Agreement to the contrary, DCRPRC, as the owner and the operator of the Tanks and the Refinery, retains the right to manage the utilization of the Tanks (including by removing from service, changing the type of Product service of, or otherwise replacing or substituting with alternate tankage, any of the Tanks listed on Schedule B), in its sole discretion and in accordance with Accepted Industry Practice; provided that such utilization management activities by DCR PRC do not prejudice Aron’s rights to the Xxxx Inventory hereunder and that the use of any alternate tankage shall be covered by all of the terms and conditions of this Agreement.

Appears in 4 contracts

Samples: Inventory Intermediation Agreement (PBF Energy Inc.), Inventory Intermediation Agreement (PBF Energy Co LLC), Inventory Intermediation Agreement (PBF Holding Co LLC)

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