Examples of BAUTA in a sentence
Operator will not be obligated to receive Contaminated Product for throughput through the Pipelines, nor will Operator be obligated to accept Product that fails to meet the applicable quality specifications for the Berths under the BAUTA and any Terminal Service Orders issued thereunder.
For Marine Vessel deliveries under the BAUTA and throughput through the Pipelines under this Agreement, Operator will have custody of Product from the time it passes the flange connecting the delivery line of the delivering Marine Vessel to the time it passes from the Pipelines to the flange connecting the Pipelines and the Wilmington Refinery.
Actual volumes of Barrels throughput through the Pipelines are to be determined Monthly as provided in this Agreement (and, where referred to herein, in the BAUTA or Terminal Service Orders issued thereunder).
SPECIFICATIONS The provisions of the BAUTA related to (a) rules and procedures for the Berths, (b) operating procedures for the Marine Terminals and (c) Product specifications shall apply during the Term of this Agreement.
If a Party breaches any provision of this Agreement, a Pipeline Service Order or the BAUTA or any Terminal Service Order issued thereunder, which breach does not have a material adverse effect on the other Party, the breaching Party shall still have the obligation to cure such breach.
In the event the Pipelines, or any part thereof is destroyed or damaged to such extent as to make them unusable, then Operator, in its sole discretion, subject to the terms and provisions of the BAUTA and any Terminal Service Order issued thereunder, may elect whether or not to repair, replace, or rebuild.
Customer warrants to Operator that all Product tendered by or for the account of Customer for throughput across the Pipelines will not contain Contaminated Product and will conform to Operator’s minimum specifications for such Product under the BAUTA and any Terminal Service Order issued thereunder, and the most recently available and commonly accepted assay and any applicable API or ASTM standards.
Operator and Customer desire to enter into this Agreement to transfer the terms of their commercial relationship regarding the Pipelines into a new agreement separate and apart from the Amended and Restated BAUTA, but without now altering their substantive rights, obligations and relationships established under the Existing BAUTA with respect to the Pipelines.
If Customer’s Marine Vessel is shifted or delayed in order to accommodate a special access need of any party requiring access to a Berth as provided under the BAUTA and any Terminal Service Order issued thereunder, then the Minimum Pipeline Use Fee for the Month in which such shifting or delay occurs shall be determined as if the volumes were delivered as originally scheduled, without regard to such shifting.
For the avoidance of doubt, the foregoing indemnification is intended to be in addition to and not in limitation of any indemnification to which TRMC is entitled under Sections 3.1(b) or 3.5(b) of the Amended and Restated Omnibus Agreement and Section 10(a) of the Long Beach Operating Agreement and Section 19(a) of BAUTA.