Common use of Tanks Under Construction Clause in Contracts

Tanks Under Construction. Following the Closing, VTDC agrees that it will complete or cause to be completed, the construction of tanks 211 and 212 that are owned by Valero Houston (the “Under Construction Tanks”) in an expeditious, diligent and good and workmanlike manner and at VTDC’s sole cost and expense, and the Partnership shall be entitled to participate in all stages of planning, scheduling, implementing and oversight of construction. Any Losses, Claims and Encumbrances that may arise out of the performance of such work on the Under Construction Tanks shall constitute Partnership Indemnified Costs, except to the extent they (a) arise out of the acts, omissions or negligence of any of the Partnership Indemnified Parties or (b) constitute Special Damages (other than Special Damages of the types identified in clauses (a) and (b) of the definition of Partnership Indemnified Costs). Neither the Contributors nor their Affiliates shall be entitled to any additional consideration by reason of VTDC’s undertakings in this Section 6.6, other than the Total Consideration, nor shall VTDC’s undertakings in this Section 6.6 affect the Contributors’ or their Affiliates’ obligations under the Houston Services Schedule.

Tanks Under Construction. Following the Closing, VTDC agrees that it will complete or cause to be completed, the construction of tanks 211 and 212 that are tank TK-80-2 owned by Valero Houston Meraux and tank TK-201 owned by Valero Three Rivers (collectively, the “Under Construction Tanks”) in an expeditious, diligent and good and workmanlike manner and at VTDC’s sole cost and expense, and the Partnership shall be entitled to participate in all stages of planning, scheduling, implementing and oversight of construction. Any Losses, Claims and Encumbrances that may arise out of the performance of such work on the Under Construction Tanks shall constitute Partnership Indemnified Costs, except to the extent they (a) arise out of the acts, omissions or negligence of any of the Partnership Indemnified Parties or (b) constitute Special Damages (other than Special Damages of the types identified in clauses (a) and (b) of the definition of Partnership Indemnified Costs). Neither the Contributors VTDC nor their its Affiliates shall be entitled to any additional consideration by reason of VTDC’s undertakings in this Section 6.6, other than the Total Considerationconsideration set forth in Section 2.2(a), nor shall VTDC’s undertakings in this Section 6.6 affect the Contributors’ VTDC’s or their its Affiliates’ obligations under the Houston Terminal Services ScheduleSchedules.

Tanks Under Construction. Following the Closing, VTDC agrees that it will complete or cause to be completed, the construction of tanks 211 108, 2162 and 212 that are 284 owned by Valero Houston Port ▇▇▇▇▇▇ (collectively, the “Under Construction Tanks”) in an expeditious, diligent and good and workmanlike manner and at VTDC’s sole cost and expense, and the Partnership shall be entitled to participate in all stages of planning, scheduling, implementing and oversight of construction. Any Losses, Claims and Encumbrances that may arise out of the performance of such work on the Under Construction Tanks shall constitute Partnership Indemnified Costs, except to the extent they (a) arise out of the acts, omissions or negligence of any of the Partnership Indemnified Parties or (b) constitute Special Damages (other than Special Damages of the types identified in clauses (a) and (b) of the definition of Partnership Indemnified Costs). Neither the Contributors VTDC nor their its Affiliates shall be entitled to any additional consideration by reason of VTDC’s undertakings in this Section 6.6, other than the Total Considerationconsideration set forth in Section 2.2(a), nor shall VTDC’s undertakings in this Section 6.6 affect the Contributors’ VTDC’s or their its Affiliates’ obligations under the Houston Terminal Services Schedule.

Tanks Under Construction. Following the Closing, VTDC agrees that it will complete or cause to be completed, the construction of tanks 211 177TK061, 177TK062, 177TK153 and 212 177TK333 that are owned by Valero Houston Corpus East and tank 73TK168 that is owned by Valero Corpus West (collectively, the “Under Construction Tanks”) in an expeditious, diligent and good and workmanlike manner and at VTDC’s sole cost and expense, and the Partnership shall be entitled to participate in all stages of planning, scheduling, implementing and oversight of construction. Any Losses, Claims and Encumbrances that may arise out of the performance of such work on the Under Construction Tanks shall constitute Partnership Indemnified Costs, except to the extent they (a) arise out of the acts, omissions or negligence of any of the Partnership Indemnified Parties or (b) constitute Special Damages (other than Special Damages of the types identified in clauses (a) and (b) of the definition of Partnership Indemnified Costs). Neither the Contributors VTDC nor their its Affiliates shall be entitled to any additional consideration by reason of VTDC’s undertakings in this Section 6.6, other than the Total Consideration, nor shall VTDC’s undertakings in this Section 6.6 affect the Contributors’ VTDC’s or their its Affiliates’ obligations under the Houston Terminal Services Schedule.