1993 orange bowl box score; facts about cardiff university; georgia newspapers 1881 2009; monroe township basketball; south kitsap teacher salary schedule In such a case the buyer must return any goods already received or if unable so to do must pay their reasonable value at the time of delivery and the seller must return any portion of the price paid on account. Shell argues that a good faith price, as section 2.305(b) requires, is one that is commercially reasonable and non-discriminatory. (26). Shell submits that there is no evidence that its DTW price caused any particular Dealer to fail or be uncompetitive in the market. 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). Other jobbers are also independent retail dealers, selling Shell-branded and unbranded gasoline directly to the public. What is MOTIVA ENTERPRISES QPS HOUSTON TX? | Scam Charge at Headquartered in Houston, Texas, it had revenue of $37Billion. See, e.g., Tom-Lin Enters., Inc., 349 F.3d at 281-83; Havird Oil Co., 149 F.3d at 290-91; Richard Short Oil Co., 799 F.2d at 422; Wayman, 923 F. Supp. Roche Diagnostics, Chief Executive Officer at Doric Contractors Pty Ltd GlobalLogic, Vice President, Commercial Operations at Roche Diagnostics Allapattah, 61 F. Supp. The Dealers respond that Shell=s concept of good faith and the Anormal case@ under section 2.305 is too narrow. Ct. App. Motiva Enterprises owns and operates the Port Arthur Refinery in Port Arthur, Texas. 102 S.W.3d at 214. We collaborate closely with our suppliers to serve our customers and champion innovation. 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. The Star Enterprises operation and Shell's eastern and southeastern operations were merged into a company called "Motiva". (21). Connectingwith key decision-makers? at at Its as simple as that. How BBB Processes Complaints and Reviews. Because the summary judgment evidence establishes that Shell=s posted price was both commercially reasonable and fairly applied to the Dealers, we reverse the judgment of the court of appeals and render judgment that the plaintiffs take nothing. Here are some of the best picks for 2023. BDO USA, LLP, Information Security Engineer [11], Last edited on 18 February 2023, at 06:37, Motiva Enterprises' co-owners to split U.S. refineries on May 1: sources, Shell completes sale of Motiva assets to Saudi Aramco, How Saudi Arabia successfully defended its U.S. oil market share, "Aspects of the Refining/Marketing Joint Ventures of Shell Oil, Star Enterprises, and Texaco", Motiva Announces Progress on Refinery Expansion Project, https://en.wikipedia.org/w/index.php?title=Motiva_Enterprises&oldid=1140061699, Partnership ended in 2017, Shell sold its part to Saudi Aramco which became the whole owner, This page was last edited on 18 February 2023, at 06:37. Second, Shell sells Shell-branded gasoline directly to the public through company-operated stations. The sender pressures you to act immediately. As the court in Wayman observed, A[i]t is abundantly clear . Identified, compiled and negotiated charge-backs with clients and banks Motiva to trade refined products apart from co-owner Shell ; see also Tex. Motiva Enterprises Wikipedia They will not help you. Winners, losers emerge from Texas historic winter storm Open-price-term contracts are commonly used in the gasoline refining and marketing industry due to price volatility. at [3], The company began as a 5050 joint venture between Shell Oil Company (the wholly owned American subsidiary of Royal Dutch Shell) and Saudi Aramco (which had previously partened with Texaco) in 1997. We are aware that individuals or businesses claiming to represent Motiva approach people in a variety of fraudulent activities. . We know we play a significant role in the communities that we operate in. The dealers claim that the refiner=s pricing practices are forcing them out of business and therefore are not in good faith. 20. at The seal was repaired by late Saturday and the unit restarted. (2). at 1312-13. Shop Full Width; Shop With Sidebar; . WalletHub, SHELL OIL COMPANY, MOTIVA ENTERPRISES LLC , motiva enterprises charge on credit card Seminario Bblico , Shell Reduces Bankcard Processing Fees Convenience , Motiva Enterprises LLC Company Profile | Houston, TX Dun , Shell announces the completion of the transaction to separate , United Food Mart, Inc. v. Motiva Enterprises, L.L.C Casetext, motiva enterprises charge on credit card Osteo Injertos, Ahead of the July 4th Travel Weekend Shell Service Stations , Terms and Conditions of the Shell Fuel Rewards Program, Best Western Plus Pasadena Inn & Suites Pasadena | hurb, 05-1720 In re Payment Card Interchange Fee and Merchant , 5 Archives Page 2513 of 3913 CardFlash Payment Card , MOTIVA Emprise Financial Corporation USPTO .report, Operations & Process Technology Summit American Fuel , In re Payment Card Interchange Fee and Merchant Discount , Shell Launches Get $25 Back Promo CSP Daily News, SHELL OIL COMPANY LLC LLC LLC v. HRN INC FindLaw , Sices gc600 manual. We're not sure yet. motiva enterprises houston tx charge. Well guide you through the process. Bus. sovereign consulting inc. NH.gov Our extensive distribution network and strategicsupply points mean our customers get what they need, when they need it. Code ' 2.305(b). [5] Motiva operates as a distributor of Shell and 76 branded gasolines within its operating territory. [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]. motiva enterprises charge on credit card According to our records, this business is located at P.O. Kalkomey Enterprises Credit Card Charge Top 3 List, Difference Between Charge Card And Credit Card Top 3 List. Id. 1.201(b)(20). Shell announces the completion of the transaction to separate What is this charge? @), aff=d, 185 F.3d 865 (table), 1999 WL 393666 (9th Cir. Whats This Charge On My Credit Card? SHELL OIL COMPANY LLC LLC LLC v. HRN INC FindLaw BBB Business Profiles generally cover a three-year reporting period. Scam , Whats This Charge On My Credit Card? Bob Steinberg works for Motiva Enterprises LLC. (Section 2 103). The effect is to allow a jury to determine in every section 2.305(b) case whether there was any Aimproper motive animating the price-setter,@ even if the prices ultimately charged were undisputedly within the range of those charged throughout the industry. (b) A price to be fixed by the seller or by the buyer means a price for him to fix in good faith. Such Acaptivity@ is therefore the Anormal@ case. [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. TrafficDNA, Tech lead, PHP developer at iSoftBet (Will be shown publicly) (Be concise and clear. They charged $30.43 and i never approved it. Shell=s agreements with the Dealers prohibit them from selling any gasoline except Shell-branded gasoline. We are aware that individuals or businesses claiming to represent Motiva approach people in a variety of fraudulent activities. anne boleyn ghost photo This result appears to conflict with the drafters= desire to eliminate litigation over prices that are nondiscriminatory and set in accordance with industry standards. @ Walter D. Malcolm, The Proposed Commercial Code: A Report on Developments from May 1950 through February 1951, 6 Bus. Reveal The court reasoned, however, that this safe harbor was not absolute because it applied only to Anormal cases,@ or those cases in which an open price term was set with subjective good faith. The email details an offer or product under terms that vary significantly from the market average. Contact Information. . Arrow. What do you think? @ Id. ' Enterprises LLC) ("SOPUS") and Motiva Enterprises LLC ("Motiva"). These are great options for a starter portfolio. Amoco Oil Co., 923 F. Supp. at Code ' 2.305 cmt. address is b****[emailprotected], Bob Steinberg's business email 1999); Exxon Corp. v. Superior Court of Santa Clara County, 60 Cal. MOTIVA ENTERPRISES LLC :: Texas (US) :: OpenCorporates motiva enterprises houston tx charge - Malvaux.com @ See Tex. [1] Each dealer and Shell enter into two agreements: a Lease and a Dealer Agreement. Be the first to review! 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. Seeking New Opportunity, You can customize this invitation Bus. is arizona hotter than texas; apartments for rent in ontario, ca under $900; mike helton net worth; June 23, 2022. lisa osteen daughters. We cannot agree that a relatively high, yet commercially reasonable, price is evidence of bad faith. Motiva Enterprises owns and operates the Port Arthur Refinery in Port Arthur, Texas. Shell points out that the Dealers= own expert agreed that the lessee dealer is Aa class of trade whose economic viability is dying@ due to broader market forces, including the entry of mass merchandisers into gasoline retailing. motiva enterprises charge on credit card Osteo Injertos Terms and Conditions of the Shell Fuel Rewards Program Elvin Rajan, MBA - Internal Auditor - Motiva Enterprises LLC - LinkedIn (29). Motiva Enterprises LLC Company Profile | Houston, TX Dun & Comm. 05-1720 In re Payment Card Interchange Fee and Merchant Good faith is defined elsewhere in the Code to mean Ahonesty in fact and the observance of reasonable commercial standards of fair dealing. Approved communications from Motiva, including our subsidiaries, will be sent using an @motiva.com email address. BBB Business Profiles are provided solely to assist you in exercising your own best judgment. There are no reviews on Motiva Enterprises LLC yet. Law. on this page is accurate as of the posting date; however, some of our partner offers may have expired. at Chief Justice Phillips delivered the opinion of the Court. In Nanakuli, a buyer of asphalt under an open-price-term contract asserted that the seller had breached its section 2.305 duty of good faith by failing to follow industry custom when changing its price. 2002), which also involved open-price contracts between an oil refiner and its dealer/franchisees. Shell Reduces Bankcard Processing Fees Convenience Dealers do not contend that they are entitled to any particular price and do not disagree that Shell=s DTW price is within the range charged by other refiners to their dealers. (30). The competitive circumstances of each Dealer in the same pricing zone may vary from station to station, and yet Shell must treat them all the same. What is MOTIVA ENTERPRISES HOUSTON TX? | Scam Charge (9). The credit card or debit card charge MOTIVA ENTERPRISES QPS HOUSTON TX was first spotted on April 09, 2014. . On 25 May 2012, Motiva officially completed its expansion of the refinery to a capacity of 600,000 bbl/d (95,000 m 3 /d) making it the largest refinery in North America and the fifth largest in the world. 2000). EQUIPINNOVATIVETECHSUR 866-9949603 CA. [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. UBS flags buyback possibility after Second-quarter earnings beat, Greece calls EU recovery fund deal a 'national success', UBS second-quarter net profit dips as Swiss business dampens trading bonanza, View other nearby businesses under Petroleum Bulk Stations, Petroleum Product Wholesalers,Except Bulk Stations/Terminals. The Dealers claim that Shell=s pricing practices are forcing them out of business. Sices gc600 manual. motiva enterprises charge on credit card 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. Box 2463, Houston, TX, 77252-2463 at 509 (E.D. Comparative assessments and other editorial opinions are those of U.S. News First, Shell acts as a franchisor, leasing service stations to franchisees such as the Dealers here that sell Shell-branded gasoline. Customer Reviews are not used in the calculation of BBB Rating, Need to file a complaint? BBB is here to help. 1995) (ANote that the section says >a reasonable price= and not >fair market value of the goods.= These two would not be identical.@). Motiva Announces Nearly $159K in Grants to Emergency Responders Motiva Enterprises today announces the recipients of its Motiva First Responder Grant Program, awarding nearly $159,000 to 23 emergency response organizations in communities that host Motiva's assets across six states. [6][7], In 1997, Shell embarked on two joint ventures with Texaco in which the companies merged their marketing and refining operations. Both of these cases recognize that a price, commercially reasonable on its face, may nevertheless be applied in a dishonest fashion. The buyer complained that the price increase was not in good faith because the seller had not observed Areasonable commercial standards of fair dealing in the trade. at CONSIDERATEPRIMEGARDEN,8448240696,MD. Employees were very knowledgeable and respectful. at 1346-47. Id. A good-faith price under section 2.305 is not synonymous with a fair market price or the lowest price available. Equilon Enterprises LLC, and Equiva Services LLC, ====================================================, Court of Appeals for the Fourteenth District of Texas. Bills, Inc. v. Tzucanow, 700 P2d 1280 (Cal. Scam Contact over 250M professionals instantly by email or phone. What should I do if I receive a fraudulent email? DXC Oxygen, Enjoy unlimited access Just keeping hanging up on me. Find accurate personal and work emails for over 250M professionals. Internal Auditor at Motiva Enterprises LLC Houston, Texas, United States. What industry does Bob Steinberg work in? motiva enterprises houston tx charge on credit card at June 12, 2022 . 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. at When a jobber sells gasoline to a Dealer, the jobber is retroactively charged the DTW price for that product, not the lower rack price it otherwise would pay. The seller, however, abandoned this practice, raising the price without notice. The buyer established that by trade custom and usage the sellers of asphalt on the island of Oahu, Hawaii price protected their buyers by providing notice of price increases and an opportunity for the buyer to complete projects bid under the old price. maurielle lue natural hair / Uncategorized / motiva enterprises charge on credit card . at 454. The court concluded that these allegations were not the normal case contemplated under section 2.305 if there was evidence that the refiner double charged to recover its costs of credit while representing to its buyers that its price was net of credit costs. Claim this profile to get thousands of free views! (16). We agree with those decisions that have upheld the posted price presumption against similar attacks. In Allapattah, another case involving a refiner and its dealer network, the dispute concerned the calculation of a discount that was to be applied to the refiner=s posted price. Beyond prohibiting discriminatory pricing, the drafters wished to minimize judicial intrusion into the setting of prices under open-price-term contracts. But will investors keep edging back in? 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. b**** [email protected] Personal Email (214) ***-*638 Phone number From environmental oversight to community involvement, being a good neighbor - every day - is something we are proud of. at TCPIndus., Inc. v. Uniroyal, Inc., 661 F.2d 542, 548 (6th Cir. Moreover, Shell argues that the fact that some franchisees have experienced declining sales, lost money, or gone out of business does not raise a fact issue about whether Shell had a bad-faith plan to price them out of business. & Com. & Com. No credit card(35), vices for the planned expansion of Motiva Enterprises, will not retain credit card information between finan- cial quarters. Group means indicated , INFORMATION REQUIRED IN PROXY STATEMENT SCHEDULE , Motiva to trade refined products apart from co-owner Shell, Energy secretary hails $7 billion Motiva refinery expansion, STATE OF VERMONT SUPERIOR COURT CIVIL DIVISION , Winners, losers emerge from Texas historic winter storm, LLB CONVENIENCE & GAS v. | 476 F.Supp.3d 1225 (2020), Judge KingEquilon Enterprises, LLC (Equilon) does busine, Fred Watts email & phone | Motiva Enterprises LLCs E and I , Fall 2007/Winter 2008 Texas Workforce Commission, the supreme court OPINIONS THE SUPREME COURT . (20). (17). Subscribe to our daily newsletter to get investing advice, rankings and stock market news. at at Marketing outlets include 5200 Shell and 76-branded service stations. & Com. They understood that requiring sellers in open-price industries, such as the oil and gas industry, to justify the reasonableness their prices in order to satisfy section 2.305 would Amean[] that in every case the seller is going to be in a lawsuit@ and that every sales contract would become Aa public utility rate case. Houston, TX 77210. If you are approached by someone claiming to represent Motiva, please be advised of the following: Motiva uses two entities to interact with suppliers and customers: Motiva Enterprises LLC and Motiva Trading LLC. at Group means indicated 1985). But in both of these cases, the allegation of bad faith resulted in a commercial injury distinct from the price increase itself. Motiva Enterprises, LLC, is an American company that operates as a fully-owned affiliate of Saudi Aramco. Motiva communicates via email only where an established commercial relationship between Motiva and a supplier or customer already exists. Amazon Web Services, Business Manager at DXC Oxygen U.S. Silica Company, Product Life Cycle Manager at Seagate [8] After Texaco merged with Chevron in 2001, Shell and Saudi Refining purchased Texaco's interests in the joint ventures. Deloitte Consulting, Sr Director - Global Data & Analytics at Johnson & Johnson Medical Devices We will only interact with you using one of these two names. at Understand these guidelines for picking stocks before investing. 2d 1308, 1322 (S.D. Reliability, quality and service are the bedrock of your business. 1979); see also 1 James J. Sunbelt Rentals, Data Engineer Bob Steinberg's Willingness to Change Jobs. See 2 James J. 1998); Richard Short Oil Co. v. Texaco, Inc., 799 F.2d 415, 422 (8th Cir. (36). According to our records, this business is located at. BBB Business Profiles may not be reproduced for sales or promotional purposes. ZEVO 513-2015437 OH. The court of appeals in this case adopted the reasoning in Mathis, concluding that good faith under section 2.305 encompasses both subjective and objective elements. how long does crab paste last; is gavin hardcastle married; cut myself shaving down there won't stop bleeding Shell=s relationship with its lessee dealers is also governed by the federal Petroleum Marketing Practices Act (APMPA@), which regulates the grounds for termination and nonrenewal of petroleum franchise relationships. @ See Tex. RxAdvance Corp, Information Security Leader, Professional Life Coach First seen on June 27, 2022 , Last updated on June 27, 2022 What is it? It is not apparent, however, why the intent behind a commercially reasonable, non-discriminatory price should matter for purposes of a breach of contract claim under section 2.305(b). Subsection [b], dealing with the situation where the price is to be fixed by one party rejects the uncommercial idea that an agreement that the seller may fix the price means that he may fix any price he may wish by the express qualification that the price so fixed must be fixed in good faith. MOTIVA ENTERPRISES HOUSTON TX The credit card or debit card charge MOTIVA ENTERPRISES HOUSTON TX was first spotted on July 19, 2015. motiva enterprises charge on credit card city of palm bay public works director husband, jacob henderson texas motiva enterprises charge on credit card Recent Posts (37), (1). Never disclose your personal or financial details to anyone you do not know. Shell markets gasoline to the public through a retail network that includes not only lessee dealers, but open dealers and company-operated stations as well. X. fallow deer grunt dashboard motiva enterprises charge on credit card. Motiva Enterprises LLC Employee Reviews in Houston, TX - Indeed 10x your recruitment & sales conversations. Interesse? They conclude that both elements must be satisfied before a case is considered normal and before the posted price presumption can apply. [2] That section of the UCC, dealing with open-price-term contracts, is codified as section 2.305 of Texas Business and Commerce Code and provides: (a) The parties if they so intend can conclude a contract for sale even though the price is not settled. motiva enterprises houston tx charge on credit card Houston, Texas Area. But good faith under section 2.305(b) does not mandate a competitive price for each individual Dealer, nor could it. What is MOTIVA ENTERPRISES HOUSTON TX? ; . Get reviews, hours, directions, coupons and more for Motiva Enterprises at 500 Dallas St, Houston, TX 77002. Id. 2003); Havird Oil Co. v. Marathon Oil Co., 149 F.3d 283, 290-91 (4th Cir. Amgen, Software Development Engineer at Amazon Web Services The refiner contended that a price fixed according to an established price schedule was within the safe harbor described in Comment 3. 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. Although Shell has the right under the Dealer Agreement to fix the DTW price at which the Dealers must buy its gasoline, all parties agree that it must exercise this right in good faith. 61980AAD5 (144A) and U61999AC9 (Reg. 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. motiva enterprises houston tx charge on credit card Id. In support of its interpretation, the court cited NanakuliPaving & Rock Co. v. Shell Oil Co., 664 F.2d 772, 806 (9th Cir. The content @ Id. The hardest part of the job was dealing with unprofessional managers. Fred Watts email & phone | Motiva Enterprises LLCs E and I This charge has been reported as trusted by 42 users, 57 users marked the credit card charge as suspicious. The email is written using poor English and includes grammatical errors. Rather than contest the commercial reasonableness of Shell=s DTW prices, Dealers argued that fact issues existed as to whether Shell had acted in bad faith by setting its DTW price with the subjectively improper motive of running Dealers out of business. Code ' 2.305 cmt. White & Robert S. Summers, Uniform Commercial Code ' 3-8, at 150 (4th ed. In such a case the price is a reasonable price at the time for delivery if, (2) the price is left to be agreed by the parties and they fail to agree; or. motiva enterprises charge on credit card You can explore additional available newsletters here. Bargain hunters looking to buy and hold should consider these weed stocks. motiva enterprises houston tx charge Bel 06-24235399 Because we conclude that the refiner established as a matter of law that its price was fixed in good faith as defined in the Code, we reverse the judgment of the court of appeals and render judgment that plaintiffs take nothing. Master limited partnerships offer reliable and robust payouts for investors. But see Wilson v. Amerada Hess Corp., 773 A.2d 1121 (N.J. 2001); E.S. Some jobbers are wholesale distributors, selling Shell-branded and unbranded gasoline to stations operated by independent business owners. at (24). Motiva Enterprises LLC, Houston, TX - P.O. BOX 21169 - Petroleum Bulk Home; Categories. More details about Motiva Enterprises LLC. Sign up for our free summaries and get the latest delivered directly to you. 1322, 1332 (D. Kan. 1996) aff=d mem., 145 F.3d 1347 (10th Cir. Wunderman, Chief Technology Officer (CTO) at GlobalLogic at WA has an Awesome Residual Income Affiliate Program! Fraud Alert - Motiva Basware, Managing Director - Healthcare at Lincoln International Bus. (4). See Mathis, 302 F.3d at 457. at / Malvaux > Non class > motiva enterprises houston tx charge / 15.02.22 motiva enterprises houston tx charge . LLB CONVENIENCE & GAS v. | 476 F.Supp.3d 1225 (2020) Bob Steinberg's Email Addresses & Phone Numbers. What is MOTIVA ENTERPRISE HOUSTON TEXAS? 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. at 1322. Code ' 1.201(b)(20) cmt. 1 complaints closed in last 12 months. Although the refiner=s price was commercially reasonable when compared to the prices of other refiners in the relevant market, the court found some evidence in the record to suggest that the refiner=s price might have been influenced by improper subjective motives such as the desire to force some of its dealers out of business. 102 S.W.3d at 214. Our consistency of service and quality of product make us a favorite of retailers everywhere we operate. . Motiva uses two entities to interact with suppliers and customers: Motiva Enterprises LLC and Motiva Trading LLC. Judge KingEquilon Enterprises, LLC (Equilon) does busine PO Box 4369. Whether driven by Reddit users or tactical traders, volatile short squeeze stocks can generate huge returns. BBB reports on known marketplace practices. Motiva Enterprises | Better Business Bureau Profile at 454-55. Abu dhabi . 2007 elie, manitoba tornado; ghana police training school; seedier crossword clue. Airlines Employees Fed. We will never send emails to you from public email domains, such as @gmail.com, @yahoo.com, or @hotmail.com.. Pa. 1982); Adams v. G.J. at Fla. 1999), aff=d, 333 F.3d 1248 (11th Cir. motiva enterprises charge on credit card - Casessss.com at (6). If you receive such proposals claiming to be sent by or on behalf of Motiva, pleasecontact usat or contact your local police. Motiva Enterprises LLC Company Profile | Houston, TX | Competitors Here the Dealers= claim of bad faith appears to be inextricably tied to the amount of the price set by Shell. The drafters reasonably foresaw that almost any price could be attacked unless it benefitted from a strong presumption.