Common use of Ability to Deliver Clause in Contracts

Ability to Deliver. (i) For Truck Rack Deliveries, SELLER shall own, lease or have the right to use facilities sufficient to meet SELLER’s Delivery obligations under this Contract. (ii) For SELLER Deliveries to the Companies’ Site Locations, SELLER shall own, lease or have the right to use tanker trucks to meet SELLER’s Delivery obligations under this Contract. (iii) For Barge Deliveries, SELLER’s nominated vessel employed to Deliver Product to the Companies shall comply with all regulations, pier operator’s standards for vessel acceptance quality, pollution mitigation, required pollution liability, Protection and Indemnity Insurance (“P&I”) and other insurance coverages, pier operators Operations Manual and accept liability for dues and other charges on said vessel.

Ability to Deliver. (i1) For Truck Rack Deliveries, SELLER Seller shall own, lease lease, or have the right to use facilities sufficient to meet SELLERSeller’s Delivery obligations for truck rack Deliveries under this ContractAgreement. (ii2) For SELLER Deliveries to the Companies’ Site Locations, SELLER Seller shall own, lease lease, or have the right to use tanker trucks sufficient to meet SELLERSeller’s Delivery obligations for Deliveries to the Companies’ Receiving Facilities under this ContractAgreement. (iii3) For Barge barge Deliveries, SELLERSeller’s nominated vessel vessels employed to Deliver the Product to the Companies shall comply with all regulations, pier operator’s standards for vessel acceptance quality, pollution mitigation, required pollution liability, Protection and Indemnity Insurance (“P&I”) and other insurance coverages, and pier operators Operations Manual operators’ operations manual requirements for barge Deliveries under this Agreement. Seller will also timely pay and accept liability be solely responsible for the cost of all dues and other charges on said vesselvessels.