Examples of Third Party Shipper in a sentence
The requirements set forth above shall apply to each Third Party Shipper designated by a Committed Shipper.
Accordingly, Uncommitted Shippers will not have the right to use a Third Party Shipper.
The intent of this Third Party Shipper provision is to give Committed Shipper the flexibility to use such Third Party Shippers in order to, among other things, fully utilize their contractual rights under the COGA, as well as meet their contractual obligations with Carrier.
By Nominating Product, Shipper, or a Third Party Shipper, as applicable, represents and warrants that Shipper has good title (or right to ship or control) thereto and agrees to hold Carrier harmless for any and all loss, cost, liability, damage and/or expense resulting from failure of title (or right to ship or control) thereto; provided that acceptance for gathering shall not be deemed a representation by Carrier as to title (or right to ship or control).
A Committed Shipper’s use of a Third Party Shipper shall be governed by the provisions set forth in such Committed Shipper’s COGA.
Shipper or Third Party Shipper, as applicable, shall not cause or permit any lien, security interest or other form of burden to be filed or created with respect to Product in Carrier’s possession, except for the lien created hereunder in favor of Carrier or any lien held by any co-participant of Shipper or any lender of Shipper, Third Party Shipper, or their respective Affiliates.
A Committed Shipper’s use of a Third Party Shipper shall be governed by the provisions set forth in such Committed Shipper’s TSA.
For the avoidance of doubt, a Committed Shipper shall be prohibited from utilizing a Third Party Shipper until such time as the Third Party Shipper has executed a Third Party COGA with Carrier or accepted in writing in accordance with the applicable assignment provisions of the Committed Shipper’s COGA all of the obligations of the Committed Shipper under the Committed Shipper’s COGA.
Accordingly, Committed Shippers that ship from the truck station Origin Points specified herein and Uncommitted Shippers will not have the right to use a Third Party Shipper.
For the avoidance of doubt, a Committed Shipper shall be prohibited from utilizing a Third Party Shipper until such time as the Third Party Shipper has executed a Transportation Services Agreement with Carrier, a form of which is attached to the Committed Shipper’s TGSA.