Common use of Designated Assignment Clause in Contracts

Designated Assignment. For a period from and including the Effective Date to the Expiration Date (the “Designation Period”), Customer hereby assigns to ▇. ▇▇▇▇ all of Customer’s rights to use, hold Products in, and transport Products through, the Asphalt Facilities pursuant to this Agreement, subject to additional terms and conditions of this Article XXVI. During the Designation Period, Owner shall note in its records and account separately for ▇. ▇▇▇▇’▇ ownership of Products held in or transported through the Asphalt Facilities (collectively, the “▇. ▇▇▇▇ Materials”) until such time as ▇. ▇▇▇▇ shall notify Owner in writing that ownership in such ▇. ▇▇▇▇ Materials has been transferred from ▇. ▇▇▇▇ to Customer, it being the intention that Owner shall not be required to recognize any other transfers of ownership of any ▇. ▇▇▇▇ Materials (other than transfers from ▇. ▇▇▇▇ to Customer) unless such transfer and recognition are agreed to in writing by Owner in its reasonable discretion. Customer shall act as ▇. ▇▇▇▇’▇ sole agent for all purposes of this Agreement, and Owner shall be entitled to follow Customer’s instructions with respect to any ▇. ▇▇▇▇ Materials that are transported, stored or handled by Owner pursuant to this Agreement unless and until Owner is notified by ▇. ▇▇▇▇ in writing that Customer is no longer authorized to act as ▇. ▇▇▇▇’▇ agent, in which case Owner shall thereafter follow the instructions of ▇. ▇▇▇▇ (or such other agent as ▇. ▇▇▇▇ may appoint) with respect to all ▇. ▇▇▇▇ Materials that are transported, stored or handled by Owner pursuant to this Agreement. All volumes shipped by ▇. ▇▇▇▇ will be taken into account in the determination of whether Customer has satisfied its Minimum Throughput Commitment.

Designated Assignment. For a period from and including the Effective Commencement Date to the Expiration Date (the “Designation Period”), Customer hereby assigns to ▇. ▇▇▇▇ all of Customer’s rights to use, hold Products Materials in, and transport Products Materials through, the Asphalt Facilities Assets pursuant to this Agreement, subject to additional terms and conditions of this Article XXVIXXVII. During the Designation Period, Owner shall note in its records and account separately for ▇. ▇▇▇▇’▇ ownership of Products Materials held in or transported through the Asphalt Facilities Assets (collectively, the “▇. ▇▇▇▇ Materials”) until such time as ▇. ▇▇▇▇ shall notify Owner in writing that ownership in such ▇. ▇▇▇▇ Materials has been transferred from ▇. ▇▇▇▇ to Customer, it being the intention that Owner shall not be required to recognize any other transfers of ownership of any ▇. ▇▇▇▇ Materials (other than transfers from ▇. ▇▇▇▇ to Customer) unless such transfer and recognition are agreed to in writing by Owner in its reasonable discretion. Customer shall act as ▇. ▇▇▇▇’▇ sole agent for all purposes of this Agreement, and Owner shall be entitled to follow Customer’s instructions with respect to any ▇. ▇▇▇▇ Materials that are transported, stored or handled by Owner pursuant to this Agreement 45 unless and until Owner is notified by ▇. ▇▇▇▇ in writing that Customer is no longer authorized to act as ▇. ▇▇▇▇’▇ agent, in which case Owner shall thereafter follow the instructions of ▇. ▇▇▇▇ (or such other agent as ▇. ▇▇▇▇ may appoint) with respect to all ▇. ▇▇▇▇ Materials that are transported, stored or handled by Owner pursuant to this Agreement. All volumes shipped by ▇. ▇▇▇▇ will be taken into account in the determination of whether Customer has satisfied its Minimum Throughput Commitment.

Designated Assignment. For a period from and including the Effective Commencement Date to the Expiration Date (the “Designation Period”), Customer hereby assigns to ▇. ▇▇▇▇ all of Customer’s rights to use, hold Products Materials in, and transport Products Materials through, the Asphalt Facilities Assets pursuant to this Agreement, subject to additional terms and conditions of this Article XXVIXXVII. During the Designation Period, Owner shall note in its records and account separately for ▇. ▇▇▇▇’▇ ownership of Products Materials held in or transported through the Asphalt Facilities Assets (collectively, the “▇. ▇▇▇▇ Materials”) until such time as ▇. ▇▇▇▇ shall notify Owner in writing that ownership in such ▇. ▇▇▇▇ Materials has been transferred from ▇. ▇▇▇▇ to Customer, it being the intention that Owner shall not be required to recognize any other transfers of ownership of any ▇. ▇▇▇▇ Materials (other than transfers from ▇. ▇▇▇▇ to Customer) unless such transfer and recognition are agreed to in writing by Owner in its reasonable discretion. Customer shall act as ▇. ▇▇▇▇’▇ sole agent for all purposes of this Agreement, and Owner shall be entitled to follow Customer’s instructions with respect to any ▇. ▇▇▇▇ Materials that are transported, stored or handled by Owner pursuant to this Agreement unless and until Owner is notified by ▇. ▇▇▇▇ in writing that Customer is no longer authorized to act as ▇. ▇▇▇▇’▇ agent, in which case Owner shall thereafter follow the instructions of ▇. ▇▇▇▇ (or such other agent as ▇. ▇▇▇▇ may appoint) with respect to all ▇. ▇▇▇▇ Materials that are transported, stored or handled by Owner pursuant to this Agreement. All volumes shipped by ▇. ▇▇▇▇ will be taken into account in the determination of whether Customer has satisfied its Minimum Throughput Commitment.