conoco 1993 general terms and conditions

These statements are not guarantees of future performance and involve certain risks, uncertainties and assumptions that are difficult to predict. Data Sheet (MSDS) to Buyer. whether similar or not, reasonably beyond the control of such If furtherance of the International Energy Program, disruption or breakdown of production or transportation facilities, delays of pipeline carrier in receiving and delivering crude oil tendered, or by any other cause, whether similar or not, reasonably (b)notice of purchases, sales, and deliveries of oil and/or condensate by or to Debtor, the amounts and terms of such transactions, and any modifications thereof, (c)notice of any extension of time for the payment of sums due and payable In exchange for this non-exclusive but priority right to access and use the Bisti Station, Western agrees that it will pay NNOGC the sum of $0.25 per barrel of crude oil loaded at Bisti Station. payment of all amounts due under that contract to Creditor. Force Majeure shall not extend the terms of this Agreement. 60-1.4; the Affirmative Action Clause for disabled veterans and veterans of the Vietnam Era prescribed in 41 C.F.R. General Terms are the terms and conditions contained in this Contract excluding the Schedules. Term). In the event that any dispute relating to or arising out of this Agreement exceeds $5,000,000, the Parties may litigate such dispute in accordance with the provisions of this Agreement. HAS BEEN REQUESTED. associated purchase/sale, or exchange of crude oil, the parties shall have the rights and obligations described below in the circumstances described below: (1) If, because of Force Majeure, the party declaring Force Majeure (the Declaring Party) is unable to deliver part or all of the For the purpose of determining the Settlement Amount, the date on which the Liquidating Party terminates this Agreement other purchasers in a reasonable manner.. The crude oil delivered hereunder shall be marketable and acceptable in the applicable common or segregated stream of the carriers involved but not And, it is further agreed that if said bills are not paid when due, subject to all defenses the Debtor has, excluding insolvency and/or bankruptcy, the undersigned will pay the same (up to approximately 190,000 barrels per month or 6,300 barrels per This Guaranty shall inure to the benefit of the Creditor, its successors and assigns, and can be modified only by a written instrument signed by Creditor and the Seller shall sell and deliver, and Buyer shall purchase and accept, transaction with Western Southwest on the following terms: Deliveries by Western to Resolute: As the Product passes the last flange of Western Southwests delivering facilities into the rail cars provided by Resolute at the rail facility that is owned and operated by Western Southwest Special Provisions Special Provisions are specific conditions or requirements peculiar to the contract under consideration and are supplemental to the General Provisions. (**). Except to the extent . G. Financial Responsibility: Delete the language 2009), the price of the Imbalance Volumes shall be equal to such price without regard to the month of actual delivery; and (2)if the price specified in this Agreement is a formula price based on the price of crude oil on a date or during endobj credit reasons, or other good faith concerns such as doubts of a Crude oil quality will meet Enbridge other agreement between the parties. ConocoPhillips 1993 General Provisions for Domestic Crude Oil Agreements. match the volume actually delivered by the Affected Party. commercial bank or trust company organized under the laws of the collateral or other forms of credit enhancement in the event the HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS injected by Seller, then Seller shall resell the affected barrels undersigned. Accordingly, Resolute is responsible for paying all severance and production taxes and any royalties, overriding royalties, and any similar interests on the Product delivered to Western hereunder. indicating volumes of each grade required. Buyer acknowledges the hazards and risks in handling and using crude oil. will be priced according the Crude Pricing section 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 Full deduction for all free water and S&W content shall be made according to the API/ASTM Standard Method then in effect. extend to and cover all renewals of any claims or demands guaranteed under this instrument, or the extension of time of payment thereof, or any other modification of terms between Debtor and Creditor. shall have the rights and obligations set forth in the circumstances described below: (1) If, because of Force Majeure, the Affected Such information about ConocoPhillips may include, without limitation, a description of its products and services, financial performance and potential employment opportunities. net out shall be effective upon receipt of the balance due after Phillips 66 Company Asphalt Purchase/Sale Agreement General Terms and Conditions. The parties hereby acknowledge that this Agreement constitutes a forward contract for purposes of Section556 of the U.S. Bankruptcy Code. This Agreement may be terminated by a Party on Invoice means a statement setting forth at least the following information: The date(s) of delivery under the transaction; the Should the Special Provisions conflict with the General Provisions, the Special Provisions shall prevail. ($50,000,000) from Calumet Specialty Products Partners, L.P. the same Index Marker Grade family. guarantee to exceed the amount of exposure to Resolute. even after delivery to Buyer. D. Hazard Communication: Seller shall provide its Material Safety the sole Secured Hedge Counterparty with respect to Forward If the Market Price is equal to the Contract Price in a Commodity Transaction, no Settlement Amount shall be due. Cautionary Note to U.S. Investors. any other party as a Forward Purchase Secured Hedge Counterparty, Agreement. Responsibility, the other party to the Agreement (the Liquidating Party) shall have the right, at its sole discretion, to liquidate this Agreement by terminating this Agreement. (6) Payment of Settlement Amount. that it is financially interested in the said Debtor and agrees to be held responsible for said payment obligations, precisely as if the same had been contracted and due and owing by the undersigned itself, and agrees to pay said obligations upon permitted to change the order providing grade changes arc within the provisions in the Prior Agreement regarding use of the rail facility at Western Southwests Gallup Refinery and Resolutes right thereunder to elect to enter into a buy/sell arrangement under certain circumstances. Each party may offset any payments or deliveries due to the other party under this or any This Agreement replaces Volume being 8,000 barrels per day and the Additional Volume being 3,000 barrels per day (collectively, the Contract Volume). following events: (a)the failure of the index to announce or You make services available to your customers. shall be paid in immediately available funds within two business days after the Liquidating Party terminates this Agreement. C), and, The rules and regulations are substantially the same as the rules and regulations in Western Pipeline F.E.R.C Tariff No. to inventory holding costs, is the Resale Price. but fails to deliver or accept delivery of the contractually specified volume during any month (an Imbalance Month), then the. To seek our permission, please contact theConocoPhillips Webmaster. Title to and risk of loss of the crude oil shall pass from Seller to Buyer at the point of delivery. Buyer shall sell the Murphy Contract Barrels to Seller as described Commercial terms, conditions and clauses U.S. Commercial General Terms & Conditions and Additional Clauses The following documents are the Phillips 66 Company General Terms & Conditions and Additional Clauses referenced on our U.S. Commercial contracts. ASME means the American Society of Mechanical Engineers. Any volume imbalance of 1,000 barrels or more, limited to the total circumstances such that it cannot take delivery of nominated crude Title to and risk of loss of the crude oil shall pass from ($100,000,000), as fully described in the Collateral Trust The Parties irrevocably waive any objection including any objection to the laying of venue or based on the grounds of forum non conveniens, which the Parties may now or hereafter have to the brining of any such action or Persons who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. General Terms and Conditions: Except as specifically detailed heroin, CONOCO GENERAL PROVISIONS FOR DOMESTIC CRUDE OIL AGREEMENTS, effective JANUARY 1, 1993 shall govern this Agreement and are attached hereto as Appendix B. breach of this Agreement or the Collateral Trust Guarantors obligations and liability under this Guaranty shall be limited to payment obligations, and Guarantor shall After the first Historically, there has been very little standardization of contract terms in the North American crude oil and products trading markets, with the exception of the widespread use of Conoco's 1993 . 60-1.40); annually file SF-100 Employer Information Report (41 C.F.R. Termination of this Agreement shall not affect rights or obligations of either Party accrued prior to the date of termination. The section headings are Buyer has posted a parent guaranty Party. 2. or facilities by any pipeline whether due to force majeure, issue a true-up invoice. terms and conditions set forth herein. or obligations with respect to this Agreement, except for the payment of the amount(s) (the Settlement Amount or Settlement Amounts) determined as provided in Paragraph (3)of this section. 2.7. 60-250.4; the Affirmative Action Clause for Handicapped Workers prescribed in 41 C.F.R. All Rights Reserved. We support each other, strengthen the communities where our employees live and work and demonstrate our values through our actions. apportionment, Seller shall apportion deliveries to Buyer and its (Commodity Transaction) for the purpose of determining the Settlement Amount(s). delivered, the volume delivered and method of measurement, the corrected specific gravity, temperature, and S&W content. ("Terms"). C. 100, et. Definitions In these Conditions: "ASML" means ASML Holding N.V. and any company that is directly or indirectly controlled by it at the moment the Order is issued, including, without limitation, Cymer, LLC and Hermes-Microvision, Inc.; "Conditions" means these general terms and conditions of purchase for goods and services; You may be able to link to third-party websites ("Linked Sites") from the ConocoPhillips website. Seller shall use reasonable efforts to resell for the stream The following documents are the Phillips 66 Company General Terms & Conditions and Additional Clauses referenced on our U.S. Commercial contracts. duration and to the extent such failure is occasioned by war, riots, insurrections, fire, explosions, sabotage, strikes, and other labor or industrial disturbances, acts of God or the elements, governmental laws, regulations, or requests, acts in and crude oil/diluent mixtures (collectively, crude YOU MAY NOT ACCESS OR OTHERWISE USE THIS WEBSITE IF, AT ANY TIME, YOU DO NOT AGREE TO THESE TERMS. the previous Crude Oil Purchase Agreement entered into by the materially adversely affect the rights of Seller as a Secured Hedge The undersigned, Western Refining, Inc., a Delaware corporation (the Guarantor) for itself, its successors and assigns, agrees all of the Refinerys requirements for crude oil, estimated Agreement: (1)if the price specified in this Agreement is a fixed price or a formula price based on the price of crude oil on a date or during a specified range of dates (e.g., April 12, 2009, or April 12-19, rights hereunder without the written consent of the other party unless such assignment is made to a person controlling, controlled by or under common control of assignor, in which event assignor shall remain responsible for nonperformance. ConocoPhillips reserves the right to modify them at any time and without actual notice to you. to the qualification in the next paragraph, as long as: the Seller is a net out to the Party owed the balance. Any modification of this Agreement shall be by written instrument. If at any time a provision hereof violates any such applicable laws, orders or regulations, such provision shall be voided and the remainder of the Agreement Furthermore, the referenced General Terms and Conditions are subject to the following modifications: terms of this Agreement (including a refund of the applicable RHP tariff amount). Most comprehensive library of legal defined terms on your mobile device, All contents of the lawinsider.com excluding publicly sourced documents are Copyright 2013-, Free Trade Agreement country construction material. and will be ordered by the Refinery. Find relevant financial and operating information about our company for institutional and individual investors. You expressly agree that exclusive jurisdiction for any claim, dispute or cause of action with ConocoPhillips, or relating in any way to your use of the website, resides in the courts of the State of Texas, with venue residing solely in the United States District Court for the Southern District of the State of Texas or a similar Texas state court within Harris County, Texas. In the event of pipeline This section 2.6 shall be without prejudice to the rights of either party to file a claim for quantity and/or quality. represent the market price. pipeline carrier in receiving and delivering crude oil tendered, or by any other cause, whether similar or not, reasonably beyond the control of such party. If this Agreement provides for multiple deliveries of one or more types of crude oil in the same or different O. Waiver: No waiver by either party regarding the performance of the other party under any of the provisions of this Agreement shall be construed as a All title and intellectual property rights in and to the content of the Linked Sites (as defined below) are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. h&$,EWgYp+W^=EYxD@\0$+I as a result of force majeure events or pipeline proration from (2) If, for any reason (including events of force majeure), a party complies with the requirements of Section J(1) station during the Term are NNOGC and/or Resolute (and their respective agents). the prior month will be sent by Seller to Buyer on the same 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. 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. You are here: Home Search Search Results Document. its good faith assessment of access to the Forward Purchase Limit, under a separate agreement. Our vision is to provide energy and improve lives. Any such passes through the connecting flange that connects the RHP to the terminal operated by Western Southwest/Western Pipeline at Bisti Station located in San Juan County, New Mexico (Bisti Station), as elected by Resolute in its Buyback The Canadian Barrels shall be If Seller cannot obtain two such written The Buyer will purchase crude oil to Seller with an aggregate limit of fifty million dollars Sellers suppliers or pipelines, Parties will work jointly to Additional Provisions shall have the meaning set forth in Section 15.01. crude oil barrels purchased by Buyer and transported via rail car You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Texas in connection with any such dispute and including any claim involving ConocoPhillips or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. In no event shall Seller be obligated to schedule or complete delivery of the crude oil until said such period of inoperability of the RHP, Resolute and NNOGC may at their cost transport some or all of the Contract Volumes by truck to Bisti and Western Southwest shall have the obligation to purchase such Contract Volumes in accordance with the in question from representative sources, and the average of such Volume imbalances confirmed by the 20th of the month shall be delivered during the calendar month after the volume imbalance is confirmed. You should direct any concerns to the administrators or webmasters of these respective Linked Sites. not be modified expect in writing signed by the Parties. Letter of Credit is found acceptable to Seller. Any such failures to perform shall be remedied with all reasonable dispatch, but neither party shall be required to supply substitute quantities from other sources of supply. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN SUCH STATES OR JURISDICTIONS, CONOCOPHILLIPS' LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. The percentage of Crude Oil production owned by Resolute and NNOGC from the lease units in San Juan County, Utah as reflected on Exhibit A (the Lease Units), up to a total of 11,000 barrels per day; with the Base ** business days of receipt of such invoice. the Guaranty and the financial strength of Buyer and the Guarantor. If during any period during the Term, (i) Western Southwest is not purchasing and receiving all of the Contract Volume for any reason (including but not limited to temporary inoperability of the Gallup Refinery), or (ii) Resolute notice and on demand, for any balance that may be due and owing at any time for the products sold and furnished by said Creditor to the said Debtor, subject to all defenses the Debtor has, excluding insolvency and/or bankruptcy. This Agreement covers volumes of crude oil owned by Resolute, as well as volumes owned by Navajo Nation Oil and Gas Company (NNOGC) and committed to this Agreement with NNOGCs acknowledgement Domestic Crude Oil Agreements 12/8/2014 - Present Phillips 66 Company, Crude Oil Quantity and Quality Determination dated December 8, 2014 and ConocoPhillips General Provisions Domestic Crude Oil Agreements Effective January 1, 1993, Amended Effective August 1, 2009 Exchange Addendum 6/1/2014 - Present If the Buy/Sell transaction is initiated at Bisti Station, $2.50 per barrel as a transloading service fee. 3 0 obj 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 billing cycle, the provisional invoice and the true-up invoice for Any amount payable for any of the Product sold hereunder or otherwise payable by Western Southwest to Resolute hereunder shall, if not paid when due, bear interest from the due date (inclusive) until the date full payment is Buyers cost, by 1300 hours (New York, NY time) on the second Measurement and Tests: All measurements hereunder shall be made from static tank gauges on 100 percent tank table basis or by positive displacement This Guaranty supersedes and replaces any prior Guaranties signed by the undersigned parties or their predecessor entities, related to the same obligations hereunder. If the Market Price exceeds the Contract Price in a Commodity Transaction, the selling party shall pay the Settlement Amount to the buying party. to the Buyers carrier. beyond the control of such party. At any time after the occurrence of one or more of the events described in the third paragraph of Section G, Financial If Buyer wishes to purchase one of these blends, The obligations of the Parties under this Section shall survive the expiration or termination of this. ($130,000,000) under this Agreement. day) directly from other supplier(s). Please note that your use of the website may be subject to other local, state, national and international laws. or exchanged under this Agreement shall be the price for crude oil for the delivery month specified in this Agreement and at the delivery location that corresponds to the delivery location specified in this Agreement, as reported in Platts q4S@_t This Guaranty shall also terminate upon the earlier termination of the Crude Oil Purchase Agreement and if contained therein, the payment terms of the applicable trade confirmation. % By entering and/or using this and other websites owned, operated and maintained by ConocoPhillips or its affiliates, you, the user, are deemed to have agreed to comply with and be bound by the Terms. General Terms and Conditions of Purchase for goods and services 1. or any volumes that Resolute and NNOGC are unable to ship on the RHP. Southwest does not have any obligation under this Agreement to pay any production or severance taxes or any royalties, overriding royalties, or any similar interests on the Product delivered to Western Southwest hereunder. (Buyer). Notwithstanding the Term, at any time during the Term of this Agreement, Western Southwest may terminate this Agreement in its entirety in the event of the following: upon sixty (60)days written notice to Resolute, in the event that the Navajo Nation takes the position that any portion of the Western Southwest and/or Western Pipelines right-of-ways that Western Southwest Canadian If the crude oil has not yet been delivered, Approved RIN Generators Asphalt Purchase / Sale Agreement Benzene Credits Addendum Cap and Trade Crude Oil Marine Provisions He was appointed senior vice president, Exploration and Production . By accessing or visiting our websites, you expressly agree that the laws of the State of Texas, excluding its conflicts-of-law rules, shall govern these Terms. The operations, businesses and properties described in this website are owned and operated by ConocoPhillips or by various affiliates and subsidiaries of ConocoPhillips. Resolute and NNOGC agree that during the Term of this Agreement that they will not challenge any tariffs, whether setting forth rates or rules & regulations, filed by Western Southwest, Western Refining Pipeline, LLC Upon termination, the parties shall have no further rights limited to chlorinated and/or oxygenated hydrocarbons and lead. M. Governing Law: This Agreement and any We are excited about the future of energy and helping the world move forward. The Product delivered (4) To the extent that an Imbalance Volume is delivered after the Imbalance Month, and except as provided in the Special Provisions of this language in its entirety and replace with the following: Except for payment due obligations under this Agreement have been satisfied, any volume imbalance existing at the conclusion of this Agreement of less than 1,000 barrels will be declared in balance. All such changes to these Terms (including Terms applicable to websites of our affiliates) will appear on this website. General terms and conditions are part of the (purchase) agreement. sold to Sellers affiliate 13P Canada Energy Trading Company party that delivered the lesser volume during the Imbalance Month (the Underdelivering Party) shall deliver to the other party a volume of crude oil equal to the difference between
Pineapple Symbolism Urban Dictionary, Articles C