Common use of Delivery and Redelivery Clause in Contracts

Delivery and Redelivery. (1) LAZARUS shall give DPS written documentation of the receipt and/or delivery of each shipment of Product, which notice shall specify (a) the name of the carrier, (b) the carrying vehicle or vessel, (c) the custody transfer point, (d) the type, grade, quantity and quality (including H2S content) of Product as required by Terminal, (e) the estimated time of arrival thereof and (f) any other pertinent infonnation, including without limitation any and all documentation required by law concerning the receipt, handling or storage of Product. This docwnentation shall be given for each twenty four (24) hours period as to trucks, and pipeline deliveries. The handling of trucks shall be in accordance with the rules, regulations and rates set forth in Section II of this Agreement. It is DPS's sole responsibility to arrange, coordinate and expedite all carrier movements. LAZARUS will cooperate in arranging, coordinating and expediting such movements, but any such cooperation shall not constitute a waiver of the provisions ofthis Section. (2) LAZARUS shall, under ordinary circumstances, deliver Product to or receive Product from (as the case may be) tank trucks, or pipeline deliveries in the order of arrival or receipt (as the case may be) at the Terminal, but LAZARUS shaJJ nevertheless be entitled to depart from such order for the purpose of complying with the regulations or directives of applicable govenunent authorities or for insuring the smooth working of the Terminal's operations or for any other purpose whatsoever that LAZARUS shall, in its sole discretion, deem appropriate. (3) Although every effort will be made to remove as much product and/or material as possible from the Tanks, ot tank trucks, LAZARUS is not obligated to squeegee out any of the foregoing, but will remove as much material as practicable using Terminal 's standard equipment and procedures. DPS agrees that only liquid material will be pumped through Terminal's system. Fwther, LAZARUS shall not be liable for any product and/or material remaining in the Tanks, and tank trucks. (4) LAZARUS's obligation to provide labor necessary to perform the services agreed upon herein is limited to furnishing personnel to perform in accordance with Terminal's established TenninaJ practices. Any additional costs that may arise due to labor disputes, jurisdictional or otherwise, regarding the control of the movement of material or handling of equipment or hoses between LAZARUS's Terminal facilities and any tank truck, is for LAZARUS's account, and DPS shall not be liable therefore. DPS will not perform any services aboard any vessel. (5) DPS SHALL DEFEND, HOLD HARMLESS AND INDEMNIFY, LAZARUS AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES AND AFFILIATES FROM AND AGAINST ALL CLAIMS, SUITS, LIABILITIES AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES) ALLEGED OR BROUGHT BY ANY CARRIER OR RECIPIENT OF DPS'S PRODUCT ARISING OUT OF ANY ACTIONS OR OMISSIONS OF DPS WITH RESPECT TO THE QUALITY, GRADE, PURITY, COMPOSITION OR ANY OTIIER CHARACTERISTIC(S) OF SUCH PRODUCT. LAZARUS SHALL DEFEND, HOLD HARMLESS AND INDEMNIFY, DPS AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES AND AFFILIATES FROM AND AGAINST ALL CLAIMS, SUITS, LIABILITIES AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES) ALLEGED OR BROUGHT BY ANY CARRIER OR RECIPIENT OF DPS'S PRODUCT ARISING OUT OF ANY ACTIONS OR OMISSIONS OF LAZARUS WITH RESPECT TO TilE QUALITY, GRADE, PURITY, COMPOSITION OR ANY OTHER CHARACTERISTIC(S) OF SUCH PRODUCT.

Delivery and Redelivery. (1a) LAZARUS Lazarus shall give DPS GEL written documentation of the receipt and/or delivery of each shipment of ProductCrude Oil, which notice shall specify specify: (ai) the name of the carrier, (bii) the carrying vehicle or vessel, (ciii) the custody transfer point, (div) the type, grade, quantity and quality (including H2S content) of Product Crude Oil as required by Terminalthe Facility, (ev) the estimated time of arrival thereof and (fvi) any other pertinent infonnationinformation, including without limitation any and all documentation required by law concerning the receipt, handling or storage of ProductCrude Oil. This docwnentation documentation shall be given for each twenty twenty-four (24) hours hour period as to trucks, rail and pipeline deliveriesdeliveries at the Facility. The handling of trucks shall be in accordance with the rules, regulations and rates set forth in Section II of this AgreementArticle IV. It is DPSGEL's sole responsibility to arrange, coordinate and expedite all carrier movements. LAZARUS Lazarus will cooperate in arranging, coordinating and expediting such movements, but any such cooperation shall not constitute a waiver of the provisions ofthis Sectionof this Section 4.2(a). (2b) LAZARUS Lazarus shall, under ordinary circumstances, deliver Product to or receive Product Crude Oil from (as the case may be) tank trucks, rail or pipeline deliveries in the order of arrival or receipt (as the case may be) at the TerminalFacility, but LAZARUS shaJJ Lazarus shall nevertheless be entitled to depart from such order for the purpose of complying with the regulations or directives of applicable govenunent authorities Government Authorities or for insuring the smooth working operation of the TerminalFacility's operations or for any other purpose whatsoever that LAZARUS shall, in its sole discretion, deem appropriateoperations. (3c) Although every effort will be made to remove as much product and/or material Crude Oil as possible from the Storage Tanks, ot or tank trucks, LAZARUS Lazarus is not obligated to squeegee out any of the foregoing, but will remove as much material as practicable using Terminal the Facility's standard equipment and procedures. DPS GEL agrees that only liquid material will be pumped through Terminalthe Facility's system. FwtherFurther, LAZARUS Lazarus shall not be liable for any product Crude Oil and/or material remaining in the Tanks, Storage Tanks and tank trucks. (4d) LAZARUSLazarus's obligation to provide labor necessary to perform the services agreed upon herein is limited to furnishing personnel to perform in accordance with Terminal's established TenninaJ practicesprevailing industry standards. Any additional costs that may arise due to labor disputes, jurisdictional or otherwise, regarding the control of the movement of material or handling of equipment or hoses between LAZARUS's Terminal facilities the Facility and any tank truck, is for LAZARUSLazarus's account, and DPS GEL shall not be liable therefore. DPS GEL will not perform any services aboard any vessel. (5e) DPS GEL SHALL DEFEND, HOLD HARMLESS AND INDEMNIFY, LAZARUS AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES AND AFFILIATES FROM AND AGAINST ALL CLAIMS, SUITS, LIABILITIES AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES) ALLEGED OR BROUGHT BY ANY CARRIER OR RECIPIENT OF DPS'S PRODUCT ARISING OUT OF ANY ACTIONS OR OMISSIONS OF DPS GEL WITH RESPECT TO THE QUALITY, GRADE, PURITY, COMPOSITION OR ANY OTIIER OTHER CHARACTERISTIC(S) OF SUCH PRODUCTCRUDE OIL. LAZARUS SHALL DEFEND, HOLD HARMLESS AND INDEMNIFY, DPS GEL AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES AND AFFILIATES FROM AND AGAINST ALL CLAIMS, SUITS, LIABILITIES AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES) ALLEGED OR BROUGHT BY ANY CARRIER OR RECIPIENT OF DPS'S PRODUCT ARISING OUT OF ANY ACTIONS OR OMISSIONS OF LAZARUS WITH RESPECT TO TilE THE QUALITY, GRADE, PURITY, COMPOSITION OR ANY OTHER CHARACTERISTIC(S) OF SUCH PRODUCTCRUDE OIL.