Common use of Scheduling and Accepting Deliveries Clause in Contracts

Scheduling and Accepting Deliveries. (i) Logistics will schedule movements and accept deliveries of Materials in a manner that permits Refining to utilize each of the Terminal and the Tankage in substantially the same manner as it did prior to the Effective Date. (ii) All deliveries, receipts and withdrawals hereunder shall be made in accordance with the scheduling procedures and processes mutually agreed upon by the Parties. Refining warrants that it shall only send to the Terminal and/or the Tankage those employees, agents and other representatives acting on behalf of and at Refining’s direction who have been properly instructed as to the characteristics and safe hauling methods associated with the Materials to be loaded and hauled. Refining agrees to be responsible to Logistics for the performance under this Agreement by its agents and/or representatives receiving Materials at the Terminal and the Tankage. (iii) Both Parties shall abide by all Applicable Laws and ordinances and all rules and regulations which are promulgated by the Parties or posted at the Terminal and/or the Tankage, with respect to the use of such facilities as herein provided. It is understood and agreed by Refining that these rules and regulations may be changed, amended or modified by Logistics at any time. All changes, amendments and modifications shall become binding upon Refining 10 days following receipt by Refining of a copy thereof. (iv) For all purposes hereunder, any jobbers, distributors, carriers, haulers and other customers designated in writing or otherwise by Refining to have loading privileges under this Agreement or having possession of any loading device furnished to Refining pursuant to this Agreement, together with their respective officers, servants and employees, shall, when they access the Terminal and/or the Tankage, be deemed to be representatives of Refining and subject to the applicable terms of this Agreement, and any such person shall enter into an appropriate access agreement with Logistics with respect to such access.

Scheduling and Accepting Deliveries. (i) Logistics will schedule movements and accept deliveries of Materials in a manner that permits Refining DKTS to utilize each of the Terminal and the Tankage in substantially the same manner as it did prior to the Effective Date. (ii) All deliveries, receipts and withdrawals hereunder shall be made in accordance with the scheduling procedures and processes mutually agreed upon by the Parties. Refining DKTS warrants that it shall only send to the Terminal and/or the Tankage those employees, agents and other representatives acting on behalf of and at RefiningDKTS’s direction who have been properly instructed as to the characteristics and safe hauling methods associated with the Materials to be loaded and hauled. Refining DKTS agrees to be responsible to Logistics for the performance under this Agreement by its agents and/or representatives receiving Materials at the Terminal and the Tankage. (iii) Both Parties shall abide by all Applicable Laws and ordinances and all rules and regulations which are promulgated by the Parties or posted at the Terminal and/or the Tankage, with respect to the use of such facilities as herein provided. It is understood and agreed by Refining DKTS that these rules and regulations may be changed, amended or modified by Logistics at any time. All changes, amendments and modifications shall become binding upon Refining DKTS 10 days following receipt by Refining DKTS of a copy thereof. (iv) For all purposes hereunder, any jobbers, distributors, carriers, haulers and other customers designated in writing or otherwise by Refining DKTS to have loading privileges under this Agreement or having possession of any loading device furnished to Refining DKTS pursuant to this Agreement, together with their respective officers, servants and employees, shall, when they access the Terminal and/or the Tankage, be deemed to be representatives of Refining DKTS and subject to the applicable terms of this Agreement, and any such person shall enter into an appropriate access agreement with Logistics with respect to such access.