Common use of DELIVERY PROGRAM Clause in Contracts

DELIVERY PROGRAM. SELLER will establish the Daily Nominated Quantity for any day in the manner described in Clause 1 of this Agreement. Except in the case of Extenuating Circumstances (as defined in Clause 22) SELLER shall deliver the Daily Nominated Quantity that was nominated. Except for Extenuating Circumstances, BUYER shall fully comply with the obligation of purchasing and loading the accepted Daily Nominated Quantity. BUYER shall immediately notify SELLER in writing if such Extenuating Circumstances occur, whereupon SELLER will be free to dispose of the Crude. SELLER will re-establish supply once BUYER returns operations to normal conditions. SELLER will reestablish supply once BUYER’s operations return to normal. If BUYER’s inability to receive the Crude lasts more than thirty (30) calendar days, SELLER may consider the Agreement unilaterally terminated without application of any sanctions, indemnities or compensation for the account of either of the PARTIES. In the event that SELLER is not able to supply the Crude nominated in the Daily Nominated Quantity due to Extenuating Circumstances, SELLER shall immediately inform BUYER in writing of such circumstances and in any event shall do everything possible to report the issue within a maximum term of forty-eight (48) hours. Once the emergency has been resolved, SELLER will announce the date for reactivation of the nominations and sales of Crude. If the lack of delivery of the Crude included in the Daily Nominated Quantity that has been nominated in accordance with Clause 1 of this Agreement extends beyond a term of thirty (30) calendar days, BUYER may consider the Agreement unilaterally terminated without this generating any sanctions, indemnities or compensation for the account of either of the PARTIES.