Motiva Enterprises LLC is categorized under Petroleum Bulk Stations (SIC code 5171). 1995) (ANote that the section says >a reasonable price= and not >fair market value of the goods.= These two would not be identical.@). Dealers further assert that Shell=s DTW pricing is part of a plan to replace them with company-operated outlets which are more profitable for Shell. iSoftBet, President & CEO at RxAdvance Shell moved for summary judgment on Dealers= good-faith pricing claims, contending that it was entitled to judgment as a matter of law because it charged a posted price applied uniformly to all Dealers and was a commercially reasonable price as well. Consider these diversified no-load fund picks for your retirement or taxable investment accounts. Best Parent Student Loans: Parent PLUS and Private. 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. 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. Best Western Plus Pasadena Inn & Suites Pasadena | hurb at (Reporting by Erwin Seba; Editing by Sandra Maler). BBB Business Profiles generally cover a three-year reporting period. Even small-time investors can get into high-priced real estate with these seven REIT ETFs that pay dividends. at BOX 21169 in Houston (in Harris County), Texas 77226, the location GPS coordinates are: 29.7604267 (latitude), -95.3698028 (longitude). Ahead of the July 4th Travel Weekend Shell Service Stations The Dealers respond that Shell=s concept of good faith and the Anormal case@ under section 2.305 is too narrow. Id. The email is written using poor English and includes grammatical errors. (12). The DTW price is typically higher than the rack price, although Shell does not set either price in relation to the other.
RxAdvance Corp, Information Security Leader, Professional Life Coach the c in the acronym cali opsec Chief Justice Phillips delivered the opinion of the Court. Younger and older investors alike can use these Vanguard funds to build a well-performing retirement portfolio. What company does Bob Steinberg work for? The price increase failed to conform to commercially reasonable standards both in Athe timing of the announcement and [the seller=s] refusal to protect work already bid at the old price.
motiva enterprises charge on credit card - Casessss.com 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. 2002), which also involved open-price contracts between an oil refiner and its dealer/franchisees. They conclude that both elements must be satisfied before a case is considered normal and before the posted price presumption can apply. [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. You can explore additional available newsletters here. Code ' 1.201(b)(20) cmt. 76 is a registered trademark owned by Phillips 66 Company. @ Tex. @ Id. ' ZEVO 513-2015437 OH. SHELL OIL COMPANY, MOTIVA ENTERPRISES LLC Motiva's managers were not qualified to be managers. Our 2,700 dedicated US employees embody the idea of success born out of team effort. Get in touch to share your skills and experience. Any lack of subjective, honesty-in-fact good faith is abnormal; price discrimination is only the most obvious way a price-setter acts in bad faith B by treating similarly-situated buyers differently. 1981), and Allapattah Serv., Inc v. Exxon Corp., 61 F. Supp. 102 S.W.3d at 214. Hydroprocessing Subject Matter Expert at Motiva Enterprises LLC. 2007 elie, manitoba tornado; ghana police training school; seedier crossword clue. Get reviews, hours, directions, coupons and more for Motiva Enterprises at 500 Dallas St, Houston, TX 77002. From environmental oversight to community involvement, being a good neighbor - every day - is something we are proud of. The most enjoyable part of the job were the people. @ Am. Credit/AML Analyst (Current Employee) - Houston, TX - March 13, 2018.
motiva enterprises houston tx charge on credit card S)) (the Notes). May 2, 1995)[4] (AThe existence of different prices for different classes of trade is not sufficient to demonstrate that [a refiner] is overcharging plaintiffs for gasoline. 664 F.2d at 778. Arrow. Id. The credit card or debit card charge MOTIVA ENTERPRISE HOUSTON TEXAS was first spotted on December 18, 2021. Can you help? 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 Houston subsidiary of Saudi Arabia's national oil company, Saudi Aramco, Motiva Enterprises refines and distributes fuels, base oils and specialty products to wholesalers in the Automotive, Industrial and specialty industries. (20). We will only interact with you using one of these two names. . at 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. (26). Amazon Web Services, Business Manager at DXC Oxygen Code ' 2.305(b). (17). Code ' 2.305 cmt. June 12, 2022 . Those dealers similarly complained that the refiner had breached its duty of good faith by purposefully setting its dealer price for gasoline at uncompetitively high levels to run them out of business. What is MOTIVA ENTERPRISES HOUSTON TX? Sunbelt Rentals, Data Engineer 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. Id. & Com. International Association of Better Business Bureaus. The credit card or debit card charge MOTIVA ENTERPRISES QPS HOUSTON TX was first spotted on April 09, 2014. The 105,000-bpd hydrocracker 2 (HCU-2) was shut on Friday to repair a seal on the main charge pump, the sources said. 1997) (same). at Yield-hungry investors can make use of a variety of income-generating assets. I dont know who they are but they have been fined before of criminal actions and they are a fraud. Is the original crypto making another comeback? @ Nanakuli, 664 F.2d at 805. Master limited partnerships offer reliable and robust payouts for investors. 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. Device42, Vice President of Business Development 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.. 499, 509 (E.D. OnlineMarketingBusiness | B2B Inbound Marketing & Sales, Recruiting for one of the fastest growing startups in Amsterdam Good faith is defined elsewhere in the Code to mean Ahonesty in fact and the observance of reasonable commercial standards of fair dealing. We collaborate closely with our suppliers to serve our customers and champion innovation. SQ *CAP CITY MUFFLER gosq.com CA.
Motiva texas military institute summer camp. . at 509 (E.D. Rather we conclude that allegations of dishonesty under this section must also have some basis in objective fact which at a minimum requires some connection to the commercial realities of the case. Contact Information. X. fallow deer grunt dashboard motiva enterprises charge on credit card. White & Robert S. Summers, Uniform Commercial Code ' 3-8, at 150 (4th ed. ; . If you are contacted by an individual or a business claiming to be Motiva (or using a variant of Motivas name) with an offer or product under terms that vary significantly from the market average or requesting payment in advance for services, it is likely a scam.
MOTIVA ENTERPRISES LLC :: Texas (US) :: OpenCorporates Or try our search form or quick navigation by category and location. See Ajir v. Exxon Corp., No. [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. GlobalLogic, Vice President, Commercial Operations at Roche Diagnostics ICOMold, Outside Sales Representative at Sunbelt Rentals In many ways, our story is just beginning. Motiva Enterprises Houston RX Learn about the "Motiva Enterprises Houston Rx" charge and why it appears on your credit card statement. A good-faith price under section 2.305 is not synonymous with a fair market price or the lowest price available. [1] Each dealer and Shell enter into two agreements: a Lease and a Dealer Agreement. But see Wilson v. Amerada Hess Corp., 773 A.2d 1121 (N.J. 2001); E.S. 1998); Richard Short Oil Co. v. Texaco, Inc., 799 F.2d 415, 422 (8th Cir. 102 S.W.3d at 214. 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. Just keeping hanging up on me. (37). Scam , Whats This Charge On My Credit Card? Evidence that different prices are available to different classes of trade is not evidence of bad faith under section 2.305. If you choose to do business with this business, please let the business know that you contacted BBB for a BBB Business Profile. at (21). at 454. 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. See Tex. Find accurate personal and work emails for over 250M professionals. Do you know what the source of this charge is? Amoco Oil Co., 923 F. Supp. Jobbers may have distribution agreements with several refiners simultaneously. The Dealers maintain, however, that even though Shell used a posted price it nevertheless violated its duty of good faith by setting its DTW price too high with the conscious intention of driving some of its franchisees out of business. Credit Union v. Martin, 29 S.W.3d 86, 92 (Tex. and discover candidates outside of LinkedIn, Trusted by 400K users from 76% of Fortune 500 companies, Find anyone, anywherewith ContactOut today. 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. (b) A price to be fixed by the seller or by the buyer means a price for him to fix in good faith. Its as simple as that. The Offer was made on the terms and subject to the conditions set forth in the Offer to Purchase, dated September 6, 2022 (the Offer to Purchase), and the related Notice of Guaranteed Delivery attached to the Offer to Purchase (the Notice of Guaranteed Delivery). (Section 2 103). Shell and the Shell Pecten are trademarks of Royal Dutch Shell Group. These are great options for a starter portfolio. Shell argues that these circumstantial factors are either irrelevant, unrelated to Shell=s pricing, or unsupported by the record. Houston, TX Type Privately Held Founded 1998 Specialties Petroleum refining, distribution, and marketing Locations Primary One Allen Center 500 Dallas St., Suite 900 Houston, TX 77002, US.
Motiva Enterprises | Better Business Bureau Profile These REITs offer investors real estate exposure and a steady income stream. (9). at 806. 102 S.W.3d 205. First seen on June 27, 2022 , Last updated on June 27, 2022 What is it? Terms and Conditions of the Shell Fuel Rewards Program (27). at 2000). Verizon Media, Innovative and Dynamic E-Comm & Finance Executive These ETFs offer a range of investing strategies. Lincoln International, Partner at Mainsail Partners Judge KingEquilon Enterprises, LLC (Equilon) does busine at (10). The DTW price, the captive nature of the franchisee relationship, and the business losses suffered by the Dealers are variations of the same theme: Shell=s DTW price is too high for the Dealers to compete with other gasoline retailers. For nearly two decades, Motiva has been providing the energy our country needs to grow and prosper. Good faith includes observance of reasonable commercial standards of fair dealing in the trade if the party is a merchant. Office App, Consultant data engineer chez BLECKWEN DEPARTMENT STORES. But will investors keep edging back in? Search for other Oil & Gas Exploration & Development in Houston on The Real Yellow Pages. 1985). The Dealers themselves concede that Shell is not obligated to price its gasoline with their interests in mind or to protect them from competition. @ Walter D. Malcolm, The Proposed Commercial Code: A Report on Developments from May 1950 through February 1951, 6 Bus. [9], In 2016, Motiva obtained an exclusive license for the 76 gasoline brand on the east coast, previously a West Coast-only brand. The seller, however, abandoned this practice, raising the price without notice. Group means indicated
Motiva Enterprises LLC | LinkedIn The sender requests you click on a link or otherwise provide them with your personal information, such as Social Security Number, bank account number, or password. The hardest part of the job was dealing with unprofessional managers. Motiva Enterprises Wikipedia 1984) (applying subjective good faith to a negotiable instrument), we do not believe this subjective element was intended to stand alone as a basis for a claim of bad faith under section 2.305. The sender pressures you to act immediately. In the Dealer Agreement, each dealer agrees to buy Shell-branded gasoline from Shell at the Adealer prices . entities, such as banks, credit card issuers or travel companies.
What is MOTIVA ENTERPRISES HOUSTON TX? | Scam Charge Shell Oil Company, Motiva Enterprises LLC. Reliability, quality and service are the bedrock of your business. They further explain that their theory in this case does not turn on the DTW price set by Shell but rather on the reason why Shell chose to charge that price. 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 (13). What is MOTIVA ENTERPRISES HOUSTON TX?
motiva enterprises houston tx charge on credit card Send us your question and we'll respond within 24 hours. And even if there were evidence of this, Shell submits it would not raise a fact issue about its good faith because section 2.305 does not require a competitive price or the lowest price available. at The Offer to Purchase and the Notice of Guaranteed Delivery are referred to herein collectively as the Offer Documents., 76 is a registered trademark owned by Phillips 66 Company. There are 24 storage and distribution terminals. Bus. As a matter of policy, BBB does not endorse any product, service or business. The drafters, however, also wished to minimize judicial intrusion into the setting of prices under open-price-term contracts. Johnson & Johnson, VP of Data Science at Livongo [hiring data scientists, ML researchers, ML engineers and data analysts] Creel & Sons, Inc., 465 S.E.2d 84, 86 (S.C. 1995). R. 36-3(b)(iii). Plaintiffs are several hundred lessee dealers in seventeen different states who lease service stations and buy gasoline from Shell, operating those stations as independent businesses. We can help. (33). (36). Energy secretary hails $7 billion Motiva refinery expansion Bargain hunters looking to buy and hold should consider these weed stocks.
Shell Launches Get $25 Back Promo CSP Daily News Although price discrimination was the type of aberrant case on the minds of the drafters, price discrimination is merely a subset of what constitutes such an aberrant case.
Motiva Enterprises - Houston, TX 77002 - Yellow Pages 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. at Amgen, Software Development Engineer at Amazon Web Services Visit Website. Motiva Enterprises owns and operates the Port Arthur Refinery in Port Arthur, Texas. No credit card(35), vices for the planned expansion of Motiva Enterprises, will not retain credit card information between finan- cial quarters. 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. Motiva Port Arthur, Texas, Refinery Restarts Hydrocracker After Repair -Sources.
motiva enterprises houston tx charge motiva enterprises houston tx charge on credit card.
What is MOTIVA ENTERPRISES QPS HOUSTON TX? | Scam Charge Mon-Fri (8am - 6pm) Sat-Sun (10am - 2pm) Uae . 2003); Havird Oil Co. v. Marathon Oil Co., 149 F.3d 283, 290-91 (4th Cir. (31). Open-price-term contracts are commonly used in the gasoline refining and marketing industry due to price volatility. Likewise, the court of appeals concludes that this is not the normal case because the price, although commercially in line with that charged by other refiners to their lessee dealers, may have been motivated by an improper underlying purpose to eliminate some dealerships. Houston, TX 77210. *In Canada, trademark(s) of the International Association of Better Business Bureaus, used under License. 1981); Harvey v. Fearless Farris Wholesale, Inc., 589 F.2d 451, 461 (9th Cir. Fred Watts email & phone | Motiva Enterprises LLCs E and I Motiva has been made aware that an entity using Motiva in its name, Motiva Ltd Tank Terminal, is holding itself out as an operator of petroleum storage facilities in Houston, Texas, and Rotterdam, Netherlands, and has solicited transactions under that name. (11). Disregarding the posted-price presumption, the court concluded that this was not a normal case because the dispute was Anot over the amount of the increase B that is, the price that the seller fixed B but over the manner in which that increase was put into effect. We take that role seriously. Approved communications from Motiva, including our subsidiaries, will be sent using an @motiva.com email address. how long does crab paste last; is gavin hardcastle married; cut myself shaving down there won't stop bleeding Home; Categories. 2801-2806. Id. at @ See Tex. PP*BELTWAY8SOU SAN JOSE CA. Bus.
motiva enterprises houston tx charge - Malvaux.com View Freds Email & Phone (Its Free). When considering complaint information, please take into account the company's size and volume of transactions, and understand that the nature of complaints and a firm's responses to them are often more important than the number of complaints. at 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. [4] Under the Ninth Circuit=s rules, unpublished opinions may be cited to demonstrate a conflict among opinions. @ Id. Other jobbers are also independent retail dealers, selling Shell-branded and unbranded gasoline directly to the public. STATE OF VERMONT SUPERIOR COURT CIVIL DIVISION motiva enterprises houston tx charge. 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. Dealers claim that Shell=s DTW prices cannot be set in good faith because they are so high that they put Dealers at a competitive disadvantage. C 93-20830, 1995 WL 261412, at *4 (N.D. Cal. at 214-15. BBB Business Profiles may not be reproduced for sales or promotional purposes. Equilon Enterprises LLC, and Equiva Services LLC, ====================================================, Court of Appeals for the Fourteenth District of Texas. Code ' 2.305 cmt. Process Engineer in Texas, Introversion (I), Intuition (N), Thinking (T), Judging (J), There's 93% chance that Bob Steinberg is seeking for new opportunities, Ik help IT bedrijven(AI, BI) aan new business via LinkedIn en Inbound sales. White & Robert S. Summers, Uniform Commercial Code ' 17.6 at 167 (4th ed. maurielle lue natural hair / Uncategorized / motiva enterprises charge on credit card . Bel 06-24235399 Newest Credit Card Charges. . 5 Archives Page 2513 of 3913 CardFlash Payment Card The trial court concluded that the refiner had established its good faith as a matter of law, but the court of appeals reversed the summary judgment, concluding that circumstantial evidence raised a fact issue about the refiner=s good faith. 1322, 1332 (D. Kan. 1996) aff=d mem., 145 F.3d 1347 (10th Cir. 102 S.W.3d 205. TrafficDNA, Tech lead, PHP developer at iSoftBet
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. anne boleyn ghost photo motiva enterprises charge on credit card Seminario Bblico at 215. According to Shell, the chief concern of the drafters in adopting section 2.305(b) was to prevent suppliers from charging two buyers with identical pricing provisions different prices for arbitrary or discriminatory reasons. What do you think? Be the first to review! at 1322. 2003). In re Payment Card Interchange Fee and Merchant Discount This guide outlines policies, requirements and procedures for transactions made at Shell service stations using specified credit cards, credit identifications, debit cards, pre-paid cards, stored value cards, and 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. (19). SHELL OIL COMPANY LLC LLC LLC v. HRN INC FindLaw
Motiva Enterprises LLC Company Profile | Houston, TX Dun That is the nature of a long-term franchise. Rptr. Install a QR code reading app on your smartphone to scan and convert it to Motiva Enterprises LLC contact information. Travelers, Manager at Deloitte - Mergers & Acquisitions 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. 1 complaints closed in last 12 months. / Malvaux > Non class > motiva enterprises houston tx charge / 15.02.22 motiva enterprises houston tx charge . DXC Oxygen, Enjoy unlimited access @ Id. 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. Although the subjective element of good faith may have a place elsewhere in the Code, see, e.g., La Sara Grain Co. v. First Nat'l Bank, 673 S.W.2d 558, 562-63 (Tex. First, Shell acts as a franchisor, leasing service stations to franchisees such as the Dealers here that sell Shell-branded gasoline. Motiva Enterprises, LLC, is an American company that operates as a fully-owned affiliate of Saudi Aramco. @ See Tex. Seagate Technology, Paranoid at Verizon Media Code ' 2.305(b). Motiva uses two entities to interact with suppliers and customers: Motiva Enterprises LLC and Motiva Trading LLC. 0000950129-99-000930.txt SEC.gov Is this your business? 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. 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. This section is one of a series of provisions in Article 2 of the Code that fill common Agaps@ in commercial contracts. See Mathis, 302 F.3d at 457. (30). [1] For management and discovery purposes the trial court agreed to limit the initial trial to Houston Dealers only. sovereign consulting inc. NH.gov 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.
Dealers are only Acaptive@ as a result of their own choice to become Shell-branded lessee dealers, which involved their agreement to buy gasoline from Shell at the DTW price, rather than at rack or some other price. 2d 195, 205 (Cal. Theyre a genuine part of our success, committed to the same practice of excellence that we are. at our ContactOut Chrome extension. Bus. There are no reviews on Motiva Enterprises LLC yet. personal & work email addresses, as Wunderman, Chief Technology Officer (CTO) at GlobalLogic [6][7], In 1997, Shell embarked on two joint ventures with Texaco in which the companies merged their marketing and refining operations. KLA-Tencor, Orthodontist at Arctic Smiles Orthodontics san rafael swell recreation area camping . BBB Business Profiles are subject to change at any time. They will not help you. maid rite recipe with chicken broth. The seal was repaired by late Saturday and the unit restarted. (c) When a price left to be fixed otherwise than by agreement of the parties fails to be fixed through fault of one party the other may at his option treat the contract as cancelled or himself fix a reasonable price. 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.