Common use of Non-Conforming Products Clause in Contracts

Non-Conforming Products. Customer shall be liable for all reasonable costs and losses in curing, removing, or recovering any Non-Conforming Products, except to the extent that such Non-Conforming Products fail to meet the Specifications due to the negligence or willful misconduct of Company. After such consultation with Customer as may be practical under the circumstances, but otherwise at Company’s sole discretion, Company may attempt to blend the Non-Conforming Products, remove and dispose of the Non-Conforming Products, or, if necessary, recover any Non-Conforming Products from field locations and, except to the extent that such Non-Conforming Products fail to meet the Specifications due to the negligence or willful misconduct of Company, Customer shall reimburse Company for all reasonable costs associated therewith. Except to the extent that such Non-Conforming Products fail to meet the Specifications due to the negligence or willful misconduct of Company, if Customer’s Non-Conforming Products cause any contamination, dilution or other damages to the petroleum products or other commodities of other customers of Company, Customer agrees to indemnify, defend and hold the Company Affiliated Parties harmless from and against any Claims incurred by, or charged against any of the Company Affiliated Parties, as a result of such event and shall be responsible for all costs and liabilities associated with or incurred as a result of such event.

Non-Conforming Products. Customer shall be liable for all reasonable costs and losses in curing, removing, or recovering any Non-Conforming Products, except to the extent that such Non-Conforming Products fail to meet the Specifications due to the negligence or willful misconduct of Company. After such consultation with Customer as may be practical under the circumstances, but otherwise at Company’s sole discretion, Company may attempt to blend the Non-Conforming Products, remove and dispose of the Non-Conforming Products, or, if necessary, recover any Non-Conforming Products from field locations and, except to the extent that such Non-Conforming Products fail to meet the Specifications due to the negligence or willful misconduct of Company, Customer shall reimburse Company for all reasonable costs associated therewith. Except to the extent that such Non-Conforming Products fail to meet the Specifications due to the negligence or willful misconduct of Company, if Customer’s Non-Conforming Products cause any contamination, dilution or other damages to the petroleum products or other commodities of other customers of Company, Customer agrees to indemnify, defend and hold the Company Affiliated Parties harmless from and against any Claims incurred by, or charged against any of the Company Affiliated Parties, as a result of such event and shall be responsible for all costs and liabilities associated with or incurred as a result of such event.. Article XII. Volume Determinations Section