Motiva's products include diesel, gasoline, liquefied petroleum gas (LPG), aviation fuel, and lubricants which it supplies to American states in the South, Mid-Atlantic, and the Northeast. Thus, if these Dealers were charged the same DTW price by another refiner who did not have a similar plan to thin their ranks, presumably the price would pass muster under the Dealers= view of section 2.305. The dealers claim that the refiner=s pricing practices are forcing them out of business and therefore are not in good faith. He earned a Bachelor of Science degree in mechanical engineering from the University of South Alabama. Premising a breach of contract claim solely on assumed subjective motives injects uncertainty into the law of contracts and undermines one of the UCC=s primary goals B to Apromot[e] certainty and predictability in commercial transactions. Currently indexing 123,740 unique credit card line item charges. Through the Shell and 76 brands, Motiva also sells petroleum products in more than 5,000 retail gasoline stations. afficher des publicits et des contenus personnaliss en fonction de vos profils de centres dintrt; mesurer lefficacit des publicits et contenus personnaliss; et. Prior to assuming her current role at Motiva, Amy served as primary corporate counsel for Aramco Services Companys (ASC) subsidiary Saudi Refining, Inc. (SRI) in conjunction with SRIs distribution of assets and liabilities out of its joint venture with Shell, Motiva Enterprises, LLC. Finally, Shell sells branded and unbranded gasoline to jobbers. at 1322. @ Am. 61980AAD5 (144A . Code ' 1.201(b)(20) cmt. March 13, 2023 1995) (noting that Athe subjective rule never prevailed in Article 2 with respect to merchants@ and that in Avarious other articles of the Code there has been a movement from subjective to objective definitions of good faith@). in effect@ at the time of purchase. 20. If you have any questions or concerns about the validity of a communication or a request that uses Motivas name or logo, please do not respond to the suspicious communication. With a charge card, you have to pay the whole balance to avoid a late fee. financial benefits of concert attendance to the community music; how many toes does a brahma chicken have; what is the difference between section 17 and section 47 From 2017 to 2020, Jeff held various senior leadership positions at Husky Energy in Calgary, Alberta. Rose Sink was named Chief Financial Officer and Executive Vice President of Finance at Motiva, effective July 1, 2020. There are several ways to recognize if an email is fraudulent: The email comes from an email address other than "@motiva.com." Fraudulent emails are often sent from addresses such as "@gmail.com," "@yahoo.com," or "@hotmail.com.". Always striving to understand how others see the world, Travis serves on the board of directors of FotoFest, a photography arts organization, in Houston. Prior to joining Motiva, Rose spent more than two decades at Shell, serving in a variety of leadership roles in both Finance and Accounting. @ Id. Jobbers pay a Arack@ price that is available for gasoline bought and picked up at Shell=s terminals. OPTION 2 (American Express and Discover only). 61980AAD5 (144A) and U61999AC9 (Reg. Id. NEW YORK, March 31, 2022 /PRNewswire/ -- Kyndryl (NYSE:KD), the world's largest IT infrastructure services provider, today announced it has signed a five-year, $160M agreement with Motiva Enterprises, owner of North America's largest refinery, under which Kyndryl will streamline Motiva's IT services, accelerate its cloud journey, and lay the foundation for its enterprise-wide digital transformation. Search over 700 million verified professionals across 35 million companies. Pa. 1982); Adams, 465 S.E.2d at 86. Credit Union v. Martin, 29 S.W.3d 86, 92 (Tex. In this instance, the Code imposes on Shell the obligation of good faith when fixing its DTW price under the Dealer Agreement, providing that A[a] price to be fixed by the seller or by the buyer means a price for him to fix in good faith. If you are approached by someone claiming to represent Motiva, please be advised of the following: If you have any questions or concerns about the validity of a communication or a request that uses Motivas name or logo, please do not respond to the suspicious communication. As a result, she is responsible for Legal, Compliance and Records Management and Public Affairs. Id. In their spare time, Jeff and his wife Andrea enjoy traveling and hiking together. The court of appeals, however, suggests that because the Dealers paid more than most of the other gasoline retailers in Houston, the DTW price itself is some evidence of Shell=s subjective bad faith. When typing in this field, a list of search results will appear and be automatically updated as you type. 102 S.W.3d at 214. Your pasted text should look like this: PANERA BREAD #688 TROY MI. Instead, the Dealers submit that the definition of good faith incorporates two elements: a subjective element, Ahonesty in fact,@ and an objective element, Athe observance of reasonable commercial standards of fair dealing. JPMorgan is leading the charge to buy . Motiva is collaborating with Kyndryl to continue to strengthen its IT services and operational efficiencies by shifting more of its business into a cloud-based environment. His team also shepherds the development of Motivas Port Arthur, Texas downtown campus, which will office Port Arthur region business activities.. As businesses across the global economy continue to grapple with the ripple effects of pandemic-induced supply chain disruption, enterprises within the oil and gas sector are under more pressure than ever to ensure the smooth delivery of the energy that keeps commerce physically moving. Evidence that different prices are available to different classes of trade is not evidence of bad faith under section 2.305. 1322, 1332 (D. Kan. 1996) aff=d mem., 145 F.3d 1347 (10th Cir. The Dealers rely extensively on the Fifth Circuit Court of Appeals= recent decision in Mathis v. Exxon Corp., 302 F.3d 448 (5th Cir. Code ' 1.201(b)(20). In the Dealer Agreement, each dealer agrees to buy Shell-branded gasoline from Shell at the Adealer prices . Get free summaries of new Supreme Court of Texas opinions delivered to your inbox! & Com. Shell=s agreements with the Dealers prohibit them from selling any gasoline except Shell-branded gasoline. Shell argues that a good faith price, as section 2.305(b) requires, is one that is commercially reasonable and non-discriminatory. @ Tex. Cision Distribution 888-776-0942 Brenda and her husband Conly have been married for 28 years and have two children. Travis plays a key role in Motiva's long-term growth plans. My Account. [10] In March 2017, Royal Dutch Shell plc signed definitive agreements with Saudi Refining Inc. that gave full ownership of refining and marketing joint venture Motiva Enterprises, LLC to Saudi Refining.[1][2]. You're all set! Equilon Enterprises LLC, and Equiva Services LLC, ====================================================, Court of Appeals for the Fourteenth District of Texas. & Comm. Amy received her B.A. To further manage Motivas reputational risks, streamline responsibilities, and ensure important checks-and-balances are in place among the various roles involved in Motivas external stakeholder engagement, Amys role expanded in June 2020. Environmental, Social and Governance (ESG), HVAC (Heating, Ventilation and Air-Conditioning), Machine Tools, Metalworking and Metallurgy, Aboriginal, First Nations & Native American. . Because the court concluded that the Dealers had presented sufficient circumstantial evidence on Shell=s subjective intent to drive them out of business, it reversed the summary judgment. mesurer votre utilisation de nos sites et applications. She is a member of the State Bar of Texas, the Houston Bar Association, the Texas General Counsel Forum, and the Association of Corporate Counsel. The DTW pricing provision is an Aopen price term@ governed by section 2.305(b) of the Texas Business and Commerce Code (which corresponds to section 2-305(2) of the Uniform Commercial Code). Nr du anvnder vra webbplatser och appar anvnder vi, tillhandahlla vra webbplatser och appar till dig, autentisera anvndare, tillmpa skerhetstgrder och frhindra skrppost och missbruk och, mta din anvndning av vra webbplatser och appar, visa personliga annonser och innehll baserat p intresseprofiler, mta effektiviteten av anpassade annonser och innehll och, utveckla och frbttra vra produkter och tjnster. Pa. 1982); Adams v. G.J. Ct. App. Enterprises LLC) ("SOPUS") and Motiva Enterprises LLC ("Motiva"). Second, Shell sells Shell-branded gasoline directly to the public through company-operated stations. Rose and her husband Ellis live in Houston with their two daughters, Kendall and Annie. at 457. For nearly two decades, Motiva has been providing the energy our country needs to grow and prosper. Si vous souhaitez personnaliser vos choix, cliquez sur Grer les paramtres de confidentialit. She has also managed corporate governance issues and overseen federal regulatory filings for ASC and its affiliates. The DTW price is typically higher than the rack price, although Shell does not set either price in relation to the other. Reliability, quality and service are the bedrock of your business. @ Id. The Star Enterprises operation and Shell's eastern and southeastern operations were merged into a company called "Motiva". Bill earned a Bachelor of Science degree in finance from the University of Colorado. Her expertise comes from the 17 years spent as a litigation partner, trying complex commercial cases to juries and arbitral panels including claims of bank fraud, securities fraud, and RICO before moving into complex transactions such as mergers and acquisitions, divestitures and dissolutions. [3] This definition was formerly limited to merchants, like Shell, but recent amendments to the Code have Abrought the Article 2 merchant concept of good faith (subjective honesty and objective commercial reasonableness) into other Articles. Kimberly earned an undergraduate degree in psychology from Baylor University and Master of Business Administration and Juris Doctorate degrees from the University of Houston. To balance these concerns, the drafters created a presumption under Official Comment 3 that a Aposted price@ or Aprice in effect@ is a good faith price that may be rebutted only by evidence of discrimination. Included in the comparison are branded and unbranded jobbers who pick up their gasoline at terminals, open dealers who own their own premises, and company-owned stores operated by other refiners. AMAZON MKTPLACE PMTS AMZN.COM/BILL WA; tnwbill.com VALLETTA MH COMENITY PAY OH WEB PYMT ID; Amazon Digital Svcs 866-216-1072 WA; ACT REGISTRATION 877-228-4881 CA; Financial empowerment solutions so you can handle life's challenges. 102 S.W.3d at 214-15. Rose is a passionate, engaging leader with nearly three decades of industry experience in business operations and financial management. There are several ways to recognize if an email is fraudulent: The email comes from an email addressotherthan @motiva.com. Fraudulent emails are often sent from addresses such as @gmail.com, @yahoo.com, or @hotmail.com., The email has a generic greeting, such as hello customer or hello user.. Were the proud distributor of two formidable fuel brands - Shell and 76. Jeff Rinker was appointed President and CEO of Motiva Enterprises in July 2022. She is at the forefront of protecting Motivas business interests and building the companys reputation in the industry. 1979); see also 1 James J. ", "As Motivacontinues to evolveits business to meet the needs of today's oil and gas market, we're working hand in hand to help thempropel business growth andgain critical efficiencies," said Matt Milton, President of Kyndryl U.S. "By harnessing the combination of Kyndryl's cloud and digital workplace expertise, Motiva is able to address its most pressing business objectives while driving forward its longer-term transformation goals.". This charge has been reported as trusted by 42 users, 57 users marked the credit card charge as suspicious. Approved communications from Motiva, including our subsidiaries, will be sent using an @motiva.com email address. [3] Official Comment 3 to section 2.305(b) further elaborates on the good faith requirement, creating a presumption in the normal case that a seller=s posted price or price in effect is also a good faith price: 3. Brenda also held a global leadership role within Shell, where she was responsible for environmental management of Shells manufacturing sites across the world. Chief Justice Phillips delivered the opinion of the Court. . In this role, Rose oversees management of all the companys financial functions including accounting, audit, treasury, tax, trading risk and compliance. [9], In 2016, Motiva obtained an exclusive license for the 76 gasoline brand on the east coast, previously a West Coast-only brand. Click Here. We know we play a significant role in the communities that we operate in. 2003). AMAZONMKTPLACEPMTSAMZN.COM/BILLWA. Kyndryl (NYSE: KD) is the world's largest IT infrastructure services provider. . Prior to her time at Motiva, Kimberly spent 13 years at Shell, where she specialized in labor, employment, and employee benefits. Shell=s price to its dealers is referred to as the DTW (Adealer tank wagon@) price because it includes delivery to the dealer=s station by a Shell tanker truck. [8] After Texaco merged with Chevron in 2001, Shell and Saudi Refining purchased Texaco's interests in the joint ventures. Instructions to download your statement will vary from credit card to credit card; this is a general outline. Through this program, grants up to $10,000 per applicant are being awarded to eligible organizations to fund the purchase of . Allapattah, 61 F. Supp. A good-faith price under section 2.305 is not synonymous with a fair market price or the lowest price available. that the chief concern of the UCC Drafting Committee in adopting ' 2-305(2) was to prevent discriminatory pricing B i.e., to prevent suppliers from charging two buyers with identical pricing provisions in their respective contracts different prices for arbitrary or discriminatory reasons. He was responsible for supporting the construction completion, commissioning, and early operation of the $10 billion project that doubled the capacity of the refinery. [1], In 1988, Texaco and Saudi Refining agreed to form a joint venture known as "Star Enterprises" in which Saudi Refining would own a 50 percent share of Texaco's refining and marketing operations in the eastern United States and Gulf Coast. Contact, INTERNATIONAL ONLINE PURCHASE INSUFFICIENT FUNDS FEE:TRLHKRS.COM 8884929410 CY. Through this program, grants up to $10,000 per applicant are being awarded to eligible organizations to fund the purchase of safety equipment, professional training, or safety education programs. Bus. Visit Website. . 1985). Bill is responsible for branded and unbranded fuel sales across Motivas geographic region, which includes more than 5,000 retail fuel stations stretching across Texas, the Southeast and Mid-Atlantic U.S. Bill also leads the safe operation and optimization of the company's strategic network of equity terminals, ensuring the reliable delivery of fuel products to retail outlets across the country. . If you are contacted by an entity using a variant of Motivas name with an offer of product under terms that vary significantly from the market average or requesting payment in advance for services, such as those related to storage costs, permits or approvals, or transportation tariffs, you are likely being targeted as part of a scam. Both of these cases recognize that a price, commercially reasonable on its face, may nevertheless be applied in a dishonest fashion. Because its DTW price fell within the range of DTW prices charged by other refiners in the relevant geographic markets (was commercially reasonable) and was applied uniformly among similarly-situated dealers (was non-discriminatory), Shell submits that summary judgment was appropriate. The reasoning in Mathis and the court of appeals in this case negates the effect of Comment 3's Asafe harbor@ by concluding that circumstantial evidence of A[a]ny lack of subjective, honesty-in-fact good faith@ is sufficient to create an Aabnormal@ case in which the posted-price presumption no longer applies. In his role, he oversees all business related to Motivas refinery, the largest in North America, and chemicals plant. Shell Oil Company, Motiva Enterprises LLC. The trial court granted Shell=s motion for summary judgment. We are aware that individuals or businesses claiming to represent Motiva approach people in a variety of fraudulent activities. Prior to assuming his current role at Motiva, Bill held multiple global leadership roles with Shell, including Shareholder Representative for Shell Japan and General Manager of Global Retail Strategy, where he was responsible for 43,000 retail sites worldwide in more than 80 countries. 1981); Harvey v. Fearless Farris Wholesale, Inc., 589 F.2d 451, 461 (9th Cir. Use the unsecured Fortiva Credit Card anywhere Mastercard. The difference is, you can make the minimum payment to avoid a late fee. On 25 May 2012, Motiva officially completed its expansion of the refinery to a capacity of 600,000bbl/d (95,000m3/d) making it the largest refinery in North America and the fifth largest in the world. Applying that presumption, these courts have generally rendered judgment as a matter of law on similar claims under section 2-305 where the refiner used a posted price which it fairly applied to similarly-situated purchasers. @ Id. Motiva Enterprises LLC (Motiva) announced today the expiration of the previously announced cash tender offer (the Offer) for any and all of its outstanding 6.85% senior notes due January 15, 2040 (CUSIP Nos. That means that the debt on a card that doesn't carry a balance is typically considerably lower than a card with a balance. Before assuming her current role, Rose served as General Manager of Supply & Logistics for Motiva, overseeing the safe, efficient operation of the companys terminal and pipeline assets, in addition to groups responsible for supply scheduling, commercial contracting, marine and land logistics. Instead, the majority of decisions suggest that a commercially reasonable DTW price, that is, one within the range of DTW prices charged by other refiners in the market, is a good faith price under section 2.305 absent some evidence that the refiner used pricing to discriminate among its purchasers. - Nyckel, machine learning API Rose earned a Bachelor of Business Administration in accounting from Texas A&M University and is a licensed certified public accountant in the state of Texas. boundaries assessment pdf; what is my teaching philosophy quiz; jordan goodwin mccall, idaho; lone wolf compensator for fnx 45 tactical; christina yellowstone actress; babson baseball commits; scranton times obituaries; karla elliott obituary; Tags. If you in your credit card statement you see Kalkomey Enterprises charge and you're not sure what it could be, then watch this video to find more details abo.
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