Unloading; Trucking Regulations Sample Clauses

Unloading; Trucking Regulations. Buyer and / or its appointed contractors, servants or agents shall unload the Biomass at the Delivery Point with all due dispatch and in compliance with Applicable Law, and shall use commercially reasonable efforts to minimize degradation of the Biomass during such unloading process. Seller should have right to inspect such unloading procedures to determine compliance with such requirements. Seller shall ensure that all trucks used for carriage of DAP Shipments are compatible with Buyer’s truck tipping equipment and unloading facilities, and Buyer shall provide to Seller specifications as are reasonably necessary to enable Seller to determine such compatibility. Seller shall cause (i) all DAP Shipments to be delivered in compliance with Applicable Law in all material respects and (ii) all trucks used for carriage of DAP Shipments to be in compliance with Applicable Law in all material respects, including laws relating to weight limits. Notwithstanding anything in Section 8 of the Agreement or otherwise to the contrary, for any trucks exceeding the allowable gross weight established by Applicable Law, the weight of the applicable DAP Shipment for purposes of determining the Purchase Price shall be reduced by the amount of such exceedance. Seller shall provide written notice to all parties providing carriage of DAP Shipments that Buyer will not be responsible for any damage to trucks falling from the tipper if the damage is the fault of the truck operator, and that the truck operator shall be responsible and shall pay for such damage, any damage to Buyer’s facilities (including the Terminal) and the costs of removing any damaged truck. Buyer shall not be liable for, and Seller shall indemnify, hold harmless and defend Buyer from and against, any and all losses, costs, damages, liabilities, injuries, claims, demands, penalties, interest and causes of action (including reasonable attorney’s fees and court costs) arising out of or in relation to any truck or Seller failing to comply with this clause (b).
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