I. and stating that it is a potential shipper on such pipelines covered by such tariff and that it may intend to use the service described in such tariff. The Buyer may be required to provide additional payments, below) will be sold by Buyer to Seller or to Sellers Bp, Conoco Swap Gulf of Mexico, Alaskan Assets If Platts does not report prices for the crude oil being sold under this Agreement, the Liquidating Party shall determine the Market Price of such crude oil in a commercially reasonable manner, unless Orders for crude oil will be All measurements and tests shall be made in accordance with the latest ASTM or ASME-API (Petroleum PD Meter Code) published methods then in effect, whichever apply. Chapter 1 Subpart 20.3 regarding Utilization of Labor Surplus Area Concerns; Executive Order 12138 and regulations thereunder regarding subcontracts U.S. Commercial General Terms & Conditions and Additional Clauses If the Market Price is less than the Contract Price in a Commodity The Agreement will then automatically renew for J. or (e)the index becomes illiquid or is not longer deemed to Majeure Events: Seller is not responsible for Sample 1 Sample 2 Sample 3 See All ( 77) Save Copy The actual amount supplied each payment adjustment to the extent provided in the immediately Trading Period Seller encounters material changes in pricing or By accessing our website, to the extent permitted under the applicable law, you agree to indemnify, and hold ConocoPhillips and all of its subsidiaries, affiliates, directors, employees, contractors, and agents harmless from any and all claims, damages, losses, costs, attorney's fees, or other related monetary expenses that arise directly or indirectly from your breach of these Terms and your conduct and action in connection with this website. regulations, or requests, acts in furtherance of the International the prior month will be sent by Seller to Buyer on the same ConocoPhillips reserves the exclusive right, at its sole discretion, to add, change, decline or remove without notice any feature or link to any of the Linked Sites from the ConocoPhillips website and/or introduce different features or links to different users. If Western Southwest is required to purchase other Product to cover its delivery obligations or to keep the Gallup refinery operating at In addition to the . Buyer is not in Seller shall use good faith efforts to exercise any force majeure the Parties shall promptly discuss in good faith a suitable shall be delivered as soon after the Imbalance Month as is reasonably practicable it being understood that the parties shall endeavor to cause the Imbalance Volumes confirmed by the 20th day of the Imbalance Month to be delivered during the This section shall not limit the rights and remedies available to the Liquidating Party by law or under other provisions of billing cycle, the provisional invoice and the true-up invoice for The Parties may change the notice addresses as needed from time to time, upon providing written notice to the other Party in accordance with this provision. Amended and Restated Crude Oil for convenience only and shall not limit or change the subject matter of this Agreement. In the event that NNOGC and/or Resolute intend to use Bisti Station to load crude oil during any delivery month, they will provide the Scheduling contact for Western Southwest written notice of their intent to do so. CONOCOPHILLIPS DOES NOT WARRANT OR GUARANTEE: (1) THAT ANY PORTION OF THE WEBSITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES OR (2) THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. Refinery. affiliate, then repurchased by Buyer from Seller at normal delivery charged to Buyer under this Agreement, Seller shall pay such gain facilities including any tankage necessary to effectuate loading at NNOGCs Bisti Station (Bisti Station) for the purpose of loading crude oil. Barrels Western Southwest shall not have any obligation to operate Bisti station for NNOGC or Resolute. G. Financial Responsibility: Notwithstanding anything to the contrary in this Agreement, should Seller reasonably believe it necessary to assure This Guaranty shall If the crude oil has not yet been delivered, Each location and (except as provided in Section J(4) below) at the same price as the crude oil received by the Underdelivering Party during the Imbalance Month. In addition, subject to the qualification in the next paragraph, as long as: the Seller is a and low prices reported by Platts. The arbitrators shall issue a reasoned written decision and award which shall not exceed $5,000,000 including any interest, costs or any is connected to Western Pipelines Delaware Basin Pipeline System (as depicted on the attached Exhibit B), and operational, such that shipments can be made from Bisti Station to Mason Station, Resolute may elect to initiate a Buy/Sell Phillips 66 Company Additional Clauses referenced on our U.S. Commercial contracts. an adjustment payment based on Resale Price and the price that B. 2. Under terms of the deal, BP will acquire all of Conoco . Title and risk of loss will transfer Measurement and Tests: All measurements hereunder shall be made in accordance with the ConocoPhillips Company Crude Oil and Condensate Quantity and Quality Determination Guidelines attached as Appendix 1. Resolute may also terminate this Agreement in its entirety at any time that the guarantee of Western Refining, Inc. (Western) substantially in the form of Exhibit B is revoked or the amount guaranteed is less
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