Any modification or modification of this Agreement must be made with the express written consent of both parties and any waiver of any provision of this Agreement by either party must be made on the basis of that party`s express written agreement. 9.1.2 If the Seller does not know the name of a tanker truck at the time the lifting program is made available for the following month of lifting, the Buyer must inform the Seller as soon as possible and no later than seven (7) working days before the first day of the agreed loading period for the unspecified tanker, this name and other data referred to in Article 9.1.1. The seller has the right to refuse the appointment of the buyer`s tanker, in which case the buyer must take immediate steps to designate another tanker acceptable to the seller. If the Parties fail to reach an agreement on the designation of another tanker at least five (5) business days before the first day of the agreed loading period, the loading of the tanker is subject to the availability of a wharf, gangway, buoy, loading platform and loading system. The price fixed in accordance with the provisions of this Annex 3 shall apply to cargoes of oil that are unloaded by the buyer in the United States of America and delivered to and used in the refinery. In the event that a cargo of oil sold and purchased under this Agreement is conveyed to another refining, storage or other device, the price of such cargo shall automatically be adjusted to the highest price that would have been charged to the buyer for such delivery (regardless of the place of unloading) under one of the Seller`s crude oil sales contracts in force for that purpose. . .