HANDLING OF PRODUCTS Clause Samples

HANDLING OF PRODUCTS. (a) Franchisee acknowledges that the petroleum products being sold under this franchise, by their nature, require special precautions in handling and that Franchisee, its employees and agents are fully informed as to governmental regulations and approved procedures relating thereto. Franchisee is solely responsible for compliance with all laws, rules, regulations and orders relative to receiving, transporting, storing, pricing, selling and distributing products covered hereunder. Franchisee is also solely responsible for the proper disposal of waste materials generated at any of the Franchisee’s facilities. Franchisee shall also inject into the gasoline such additives and in such amounts as requested, by CITGO. (b) Franchisee agrees and understands that the regulations of the Environmental Protection Agency require that where motor gasoline is marketed as “unleaded gasoline” such gasoline will not contain more than 0.05 grams of lead per gallon at the retail level and that such regulations may lead to imposition of substantial penalties whenever violations occur. CITGO hereby agrees that it will utilize all necessary and appropriate testing procedures to ensure that the lead concentration in “unleaded gasoline” CITGO sells to Franchisee does not exceed legally acceptable limits. Franchisee agrees that insofar as it sells unleaded gasoline under CITGO’s brand name or trademark, Franchisee will regularly and frequently test its transportation means and all storage tanks from which such product is dispensed so as to ensure that the lead content of such gasoline at no time exceeds the legal limits. Franchisee further covenants that insofar as its aforementioned tests should, at any time reflect that the lead content of such gasoline exceeds 0.04 grams per gallon, it will immediately notify CITGO and take such further action with respect to said gasoline as CITGO may request. Franchisee further agrees to comply with all applicable posting and labeling laws and regulations, including but not limited to those pertaining to octane ratings, lead and oxygenates. (c) Franchisee further agrees to comply or to require compliance with all laws, rules and regulations, whether federal, state or local, pertaining to underground storage tanks and lines which hold petroleum products sold to Franchisee pursuant to this Agreement including but not limited to those of financial responsibility and/or pollution insurance requirements. (d) Franchisee further agrees to indemnify an...

HANDLING OF PRODUCTS. (a) In stores which operate meat departments, only employees covered by this Agreement who are members of the Union as herein provided shall handle meats, poultry, fish or delicatessen products, whether fresh, frozen or smoked. (b) All such products will be cut, packaged, prepared and sold on the premises, except, however, that where such items have customarily been prepared and packed off the premises by the Employer prior to this Agreement, such items shall continue to be handled by employees who are members of this Union.

HANDLING OF PRODUCTS. Customer is aware that broad and substantial obligations may be imposed upon Apex and Operator by governmental entities with jurisdiction over environmental matters. Accordingly, Customer agrees to exercise the highest degree of care and diligence in handling, loading, transporting and delivering all Products obtained from the Terminals. Customer further assumes and agrees to pay all liabilities, costs and expenses resulting from Customer’s or any of its Agents’ improper mixing, commingling or other contamination of any Product with any other substance (including other Products). Such liability extends to any act of contamination, whether occurring at the time of loading, subsequent transportation, storage or unloading at delivery.

HANDLING OF PRODUCTS a. Marketer acknowledges that the petroleum products being sold under this franchise, by their nature, require special precautions in handling and that Marketer, its employees and agents are fully informed as to current and future governmental regulations and approved procedures relating thereto. Marketer is solely responsible for compliance with all laws, rules, regulations and orders relative to receiving, transporting, storing, pricing, selling and distributing products covered hereunder. Marketer will advise its employees, agents, and dealers who are involved in the ordering, selling, dispatching and delivery of motor fuels of the applicable federal and state regulations and provide appropriate training of such personnel. Marketer is also solely responsible for the proper disposal of waste materials generated at any of the Marketer’s facilities. Marketer shall not adulterate, contaminate or add any components to CITGO motor fuels, or allow others to do so, the effect of which would result in motor fuels no longer complying with federal and state regulations. All retail locations that are branded CITGO are included in CITGO’s Quality Assurance Program and are subject to random and periodic sampling. Marketer shall allow CITGO, its agents and contractors access to the retail facility for the purpose of said sampling for testing under CITGO’s Quality Assurance Program to ensure that motor fuels marketed by Marketer are in compliance with all federal and state regulations. Marketer shall allow the RFG Survey Association, its agents and contractors, the same access. Marketer shall provide to CITGO a copy of the results of any testing that was performed on the motor fuels by Marketer or that were received by the Marketer from the EPA or its contractors or any other third party. In the event that a violation of the federal or state requirements for gasoline is detected, whether by testing or otherwise, Marketer shall immediately cease selling the non-complying product and take such further action as is necessary to remedy the violation, including such action as CITGO or the EPA may request. Furthermore, Marketer must immediately report any violations to CITGO and advise CITGO of corrective actions, steps to prevent further violations, steps to identify the causes of the violations and the results of resampling and testing. This reporting must be in writing.

HANDLING OF PRODUCTS