Contamination. The Logistics Entity shall use commercially reasonable efforts to avoid contamination of the Refining Entity’s Crude Oil with any dissimilar Crude Oil and shall be liable to the Refining Entity for any change in the quality of the Crude Oil transported on the Pipelines or stored in the Tankage, in each case caused by the Logistics Entity or its Affiliates or any third-party use of the Pipelines or the Tankage, as applicable. If the Logistics Entity determines in good faith that the Refining Entity has delivered to the Pipelines or the Tankage Crude Oil that has been contaminated by the existence of and/or excess amounts of substances foreign to Crude Oil which could cause harm to users of the contaminated Crude Oil, the Pipelines, the Tankage or the Logistics Entity, the Refining Entity shall be responsible for removing the Refining Entity’s contaminated Crude Oil from the Pipelines or the Tankage, as applicable. Any liability or expense associated with the contamination of the Refining Entity’s Crude Oil caused by the Refining Entity or its Affiliates shall be borne by the Refining Entity, including any regulatory or judicial proceeding arising out of or relating to such contamination.
Appears in 5 contracts
Samples: Pipelines and Tankage Agreement, Pipelines and Tankage Agreement, Pipelines and Tankage Agreement (Delek US Holdings, Inc.)
