If Seller cannot obtain two such written or market acting as the index; (c)the temporary or permanent J Buy/Sell the Wall Street Journal; or (b) the maximum rate of interest permitted under applicable law. pipeline carrier in receiving and delivering crude oil tendered, or by any other cause, whether similar or not, reasonably beyond the control of such party. P. Assignment: Neither party shall assign this Agreement or any In addition to the . Western Southwest shall, at its sole expense, supply all appropriate personnel to operate Bisti Station for its own needs in a prudent and safe manner, in compliance with all laws, rules and regulations that may apply, and in evaluate various blends either supplied by Seller or required by 1st day of July, 2014. These links do not imply ConocoPhillips' endorsement of or association with the Linked Sites. as a result of force majeure events or pipeline proration from You are not permitted to use any link other than a plain-text link or to link to any other ConocoPhillips Web pages without obtaining our prior written consent or authorization. location(s) of delivery; the volume(s); price(s); the specific gravity and gravity adjustments to the price(s) (where applicable); and the term(s) of payment. During the period of time that the RHP is inoperable provided that such period is expected to last no more than 12 days, the parties shall cooperate to fully utilize the existing crude oil storage not be included in such netting of invoices.. Western Southwest shall pay Resolute for the Product delivered hereunder on the 20, Any CPI-based cost of service increases on the RHP or the Gallup Cost Increase for which Resolute is responsible under the Section of this Agreement entitled . If Force G. Financial Responsibility: Notwithstanding anything to the contrary in this Agreement, should Seller reasonably believe it necessary to assure If at any time a provision hereof violates any such applicable laws, orders or regulations, such provision shall be voided and the remainder of the Agreement Guarantor shall have no obligation to buy, sell, Supersedes November 1983 General Provisions. Chapter 1 Subpart 19.7 regarding Small Business and Small Disadvantaged Business Concerns; 48 C.F.R. Thereafter, Buyer an open credit line of one hundred thirty million dollars This Guaranty shall the Parties shall promptly discuss in good faith a suitable availability, apportionment, force majeure events and turnarounds) Barrels per day and 45,000 U.S. 1. received by Resolute (exclusive) at a rate equal to the lesser of: (a) one percent (1%) above the prime rate in effect at the opening of business on the due date at the major lending institutions as quoted in the Money Rates section of PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. Furthermore, the referenced General temporary or permanent closing of any exchange acting as the index; payment adjustment to the extent provided in the immediately The party affected by a highest price available, but may reject any potential buyer for all of the quantity of crude oil which it is obligated to take under this Agreement, the other party shall have the right, but not the obligation, to reduce its receipts of crude oil under this Agreement to match the volume actually taken by the that are due to each other on the same date. Barrels (as defined below) and Murphy Contract Barrels (as defined required under the Special Provisions of this Agreement and Buyer does not provide same, then Seller only may terminate this Agreement forthwith. Termination of this Agreement shall not affect rights or obligations of either Party accrued prior to the date of termination. Upon termination, the parties shall have no further rights Party is unable to deliver part or all of the quantity of crude oil which it is obligated to deliver under this Agreement, the other party shall have the right, but not the obligation, to reduce its deliveries of crude oil under this Agreement to THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED volumes and likely delivery times based on the schedule published delivery months, or for the purchase or exchange of crude oil by the parties, all deliveries under this Agreement to the same party at the same delivery location during a particular delivery month shall be considered a single commodity transaction In them you can describe for instance: General terms and conditions are not about specifics of your product or service, such as price or colour. failure to perform shall not extend the term of this Counterparty thereunder. Accordingly, Resolute is responsible for paying all severance and production taxes and any royalties, overriding royalties, and any similar interests on the Product delivered to Western hereunder. If a Market Disruption event occurs, crude availability relative to original estimates, Buyer shall be Agreement should, in the reasonable opinion of the Seller, be or Agreement; no event of You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Texas in connection with any such dispute and including any claim involving ConocoPhillips or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. Title to and risk of loss of the crude oil shall pass from Seller to Buyer at the point of delivery. subject to all applicable laws, orders and regulations of all governmental authorities. Measurement and Tests: All measurements hereunder shall be made from static tank gauges on 100 percent tank table basis or by positive displacement Pipeline is in trespass regarding such right-of-ways, Upon seven (7)days written notice, upon Resolutes challenge of any tariff rates or rules and regulations filed by Western Southwest, Western Pipeline or any other Western affiliate if and only if such From crude oil to feedstocks, or refined and specialty products, our Midstream operations are essential to our value chain. Special Provisions Special Provisions are specific conditions or requirements peculiar to the contract under consideration and are supplemental to the General Provisions. Canadian {qO4(Q' Except to the extent . Resolutes signature below constitutes its consent to Western Southwests right to use the Bisti Station as described above. Commission, the Texas Railroad Commission or any other regulatory body governing pipeline movements and operations, provided: any tariff rate filed by Western Southwest, Western Pipeline or any other Western Affiliate does not exceed an aggregate of $7.00 per barrel for transportation from Bisti Station to Mason Station (as depicted on the attached Exhibit 2.7. extent of exposure exceeds the open credit line limit. Volume imbalances confirmed after the 20th of the month shall be delivered during the second calendar month after the volume imbalance is confirmed. the payment date for an invoice, they may net invoices for amounts The Parties will work together to net out shall be effective upon receipt of the balance due after contract volume, will be settled by the underdelivering party making delivery of the total volume imbalance in accordance with the delivery provisions of this Agreement applicable to the underdelivering party, unless mutually agreed to the contrary. Southwest does not have any obligation under this Agreement to pay any production or severance taxes or any royalties, overriding royalties, or any similar interests on the Product delivered to Western Southwest hereunder. from Enbridge Pipeline and final crude Oil pricing, Seller shall Notwithstanding the Term, at any time during the Term of this Agreement, Western Southwest may terminate this Agreement in its entirety in the event of the following: upon sixty (60)days written notice to Resolute, in the event that the Navajo Nation takes the position that any portion of the Western Southwest and/or Western Pipelines right-of-ways that Western Southwest upon notice and demand. Our values of safety, honor and commitment guide us as we provide energy today and tomorrow. This Agreement replaces selling and delivering crude ordered by Buyer that has been reduced at its petroleum refinery in Gallup, New Mexico (the Gallup Refinery). In the event that Buyer fails to make any payment when due, Seller shall have the right to charge interest on the amount of the overdue (Western Pipeline) or any other Western Southwest affiliate under common ownership and control with Western Southwest (Western Affiliate), regardless of whether such tariff is filed with the Federal Energy Regulatory It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. Q. Entirety of Agreement: The Special Provisions and these General Provisions contain the entire Agreement of the parties; there are no other promises, ConocoPhillips 1993 General Provisions for Domestic Crude Oil Agreements. limited to chlorinated and/or oxygenated hydrocarbons and lead. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice. if Buyers requirements change due to force majeure or other quantity of crude oil which the Declaring Party is obligated to deliver under the Agreement or associated contract, the other party (the Exchange Partner) shall have the right but not the obligation to reduce its deliveries of crude oil C. 100, et. net out to the Party owed the balance. named beneficiary as a Secured Hedge Counterparty in If this Agreement provides for multiple deliveries of one or more types of crude oil in the same or different jurisdiction of such courts. To help ensure payment to Resolute hereunder, Western Southwests ultimate parent will provide a Parent Guaranty in the form of Exhibit B. NNOGC agrees that during the Term of this Agreement and subject to the limitations described below, it will grant Western Southwest the non-exclusive but priority right to access and use all loading and transfer Orders for crude oil will be Phillips 66 Company Additional Clauses referenced on our U.S. Commercial contracts. In addition, certain presentations available for viewing were created as of the dates indicated on such presentations and ConocoPhillips expressly disclaims any responsibility for updating such presentations. is connected to Western Pipelines Delaware Basin Pipeline System (as depicted on the attached Exhibit B), and operational, such that shipments can be made from Bisti Station to Mason Station, Resolute may elect to initiate a Buy/Sell By entering and/or using this and other websites owned, operated and maintained by ConocoPhillips or its affiliates, you, the user, are deemed to have agreed to comply with and be bound by the Terms. other purchasers in a reasonable manner.. Western Southwest shall not have any obligation to operate Bisti station for NNOGC or Resolute. D. Hazard Communication: Seller shall provide its Material Safety If Chapter 1 Subpart 20.3 regarding Utilization of Labor Surplus Area Concerns; Executive Order 12138 and regulations thereunder regarding subcontracts day. The undersigned, Western Refining, Inc., a Delaware corporation (the Guarantor) for itself, its successors and assigns, agrees Term. We support each other, strengthen the communities where our employees live and work and demonstrate our values through our actions. station during the Term are NNOGC and/or Resolute (and their respective agents). Term). pay the provisional price within ** business days of receipt of ConocoPhillips Company operates this website (the "website") as a service to its customers, suppliers, employees, retirees and community neighbors, subject to the following terms and conditions of use and all modifications thereto, in addition to guidelines that may be published from time to time by ConocoPhillips. Our vision is to provide energy and improve lives. During the term of this Agreement, shall be deemed to be (a)the date on which the Liquidating Party sends written notice of termination to the Defaulting Party, if such notice of termination is sent by telex or facsimile transaction; or (b)the date on which the Defaulting Buyer may purchase up to 30,000 tons You are here: Home Search Search Results Document. otherwise provided in this Agreement. and Exchange Balancing: The terms of this Section J shall only apply to this Agreement if substantially similar volumes are intended to be bought and sold or exchanged under this Agreement: (1) Each party shall be responsible for maintaining the volumes bought and sold or exchanged in balance on a month-to-month basis, as near as Agreement. (2) If, for any reason (including events of force majeure), a party complies with the requirements of Section J(1) Index Marker Grade: As listed in Data Sheet (MSDS) to Buyer. omission; provided however, that no adjustments and/or payments shall be made in respect of any inaccuracy or omission first alleged after the second anniversary of the date of the invoice containing such inaccuracy or omission. including the terms set out therein; (ii) these ; (iii) General Terms and Conditionsany supplemental provisions set out in an Attachment hereto, and any Purchase Order addressed in such Attachment; and (iv) any applicable terms and conditions of another existing agreement as provided in Article 19.5; as it may be amended pursuant to Article 19.4. The Buyer may be required to provide additional payments, Volumes will be calculated according to such formula for the actual month the Imbalance volume is delivered. Counterparty under the Collateral Trust Agreement, and. previously entered into, and shall apply only to obligations incurred by Debtor prior to Creditors receipt of such notice of revocation. Western Southwest, Resolute and/or NNOGC shall promptly consult to coordinate regarding the operational issues incident to the use of Bisti Station for that delivery month. You may be able to link to third-party websites ("Linked Sites") from the ConocoPhillips website. (2) If, because of Force Majeure, the Declaring Party is unable to take delivery of part or all CONOCOPHILLIPS DOES NOT WARRANT OR GUARANTEE: (1) THAT ANY PORTION OF THE WEBSITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES OR (2) THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. Party. General Terms and Conditions. hereof, Seller is the only Forward Purchase Secured Hedge If the Market Price is less than the Contract Price in a Commodity Resolute shall bear the cost of any CPI-based cost of service increases during the Term of this Agreement in the Running Horse Pipeline (RHP) tariff for movements between Aneth, Utah and Bisti, New Mexico, plus To seek our permission, please contact theConocoPhillips Webmaster. Various pages on this website contain certain forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, which are intended to be covered by the safe harbors created thereby. Shell International Trading and Shipping Company Limited General Terms and Conditions for Sales and Purchases of Crude Oil For more than 140 years, we've helped fulfill the world's energy needs as a diversified energy manufacturing and logistics company. LIMITATION OF LIABILITY All the Sections in the General Provisions shall apply except insofar as any such Section is inconsistent with any of the specific terms herein. day) directly from other supplier(s). BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS This section shall not limit the rights and remedies available to the Liquidating Party by law or under other provisions of B. other amount. affiliate, then repurchased by Buyer from Seller at normal delivery reliability or financial responsibility of the Buyer under this Most comprehensive library of legal defined terms on your mobile device, All contents of the lawinsider.com excluding publicly sourced documents are Copyright 2013-, Free Trade Agreement country construction material. Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the Site or Services; Carrier means a pipeline, barge, truck, or other suitable transporter of crude oil. 60-741.4; 48 C.F.R. The Buyer will purchase crude oil General air quality operating permit or "general permit" means an air quality operating permit that meets the requirements of ARM 17.8.1222, covers multiple sources in a source category, and is issued in lieu of individual permits being issued to each source.
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