Common use of Receipts into the Facility by Rail Clause in Contracts

Receipts into the Facility by Rail. (a) All receipts of Product into the Facility via railcar shall be arranged by Customer and all associated costs of transporting Product to the Facility shall be borne by Customer. Such movements will be granted subject to availability and the physical constraints of the Facility as more specifically described in the nominating and scheduling procedures set forth on Exhibit B and the railcar specifications set forth on Exhibit B-1. Customer acknowledges that the Facility’s rail rack may only be used for receipts of Product into the Facility and that the rail rack facilities may not be used to make deliveries of Product out of the Facility unless otherwise agreed by Operator. (b) Customer’s use of the rail rack is subject to any operating guidelines, authorized entry procedures, safety requirements, liability limitations and other requirements that Operator, in its reasonable discretion, may issue from time to time. Operator is not responsible for damages to Customer, if any, due to unavailability of the Facility including demurrage to any railcars, except as set forth in Section 8.6 or to the extent such damages are otherwise due directly to the actions or omissions of Operator.