Common use of Designated Assignment Clause in Contracts

Designated Assignment. For a period from and including the Amendment Effective Date to the Expiration Date (the “Designation Period”), the Company hereby assigns to Intermediary all of the Company’s rights to use, hold Crude Oil and Products in, and transport Crude Oil and Products through, the Storage Facilities pursuant to this Agreement, subject to additional terms and conditions of this Section 28. During the Designation Period, the Partnership Parties shall note in their records and account separately for Intermediary’s ownership of Crude Oil and Products held in or transported through the Pipelines and Storage Facilities (collectively, the “Intermediary Materials”) until such time as Intermediary shall notify the Partnership Parties in writing that ownership in such Intermediary Materials has been transferred from Intermediary to the Company, it being the intention that the Partnership Parties shall not be required to recognize any other transfers of ownership of any Intermediary Materials (other than transfers from Intermediary to the Company) unless such transfer and recognition are agreed to in writing by the Partnership Parties in their reasonable discretion. The Company shall act as Intermediary’s sole agent for all purposes of this Agreement, and the Partnership Parties shall be entitled to follow the Company’s instructions with respect to all Intermediary Materials that are transported, stored or handled by the Partnership Parties pursuant to this Agreement unless and until the Partnership Parties are notified by Intermediary in writing that the Company is no longer authorized to act as Intermediary’s agent, in which case the Partnership Parties shall thereafter follow the instructions of Intermediary (or such other agent as Intermediary may appoint) with respect to all Intermediary Materials that are transported, stored or handled by the Partnership Parties pursuant to this Agreement. All volumes shipped by Intermediary will be taken into account in the determination of whether the Company has satisfied its Minimum Throughput Commitment.

Designated Assignment. For a period from and including the Amendment Effective Date to the Expiration Date (the “Designation Period”), the Company DKTS hereby assigns to the Intermediary all of the Company’s DKTS’ rights to use, hold Crude Oil and Products Materials in, and transport Crude Oil and Products Materials through, the Storage Facilities Tankage and the Terminal pursuant to this Agreement, subject to additional terms and conditions of this Section 2822. During the Designation Period, the Partnership Parties Logistics shall note in their records and account separately for Intermediarythe Intermediary ’s ownership of Crude Oil and Products Materials held in or transported through the Pipelines Tankage and Storage Facilities the Terminal (collectively, the “Intermediary Materials”) until such time as the Intermediary shall notify the Partnership Parties Logistics in writing that ownership in such Intermediary Materials has been transferred from the Intermediary to the CompanyDKTS, it being the intention that the Partnership Parties Logistics shall not be required to recognize any other transfers of ownership of any Intermediary Materials (other than transfers from the Intermediary to the CompanyDKTS) unless such transfer and recognition are agreed to in writing by the Partnership Parties Logistics in their its reasonable discretion. The Company DKTS shall act as the Intermediary’s sole agent for all purposes of this Agreement, and the Partnership Parties Logistics shall be entitled to follow the Company’s DKTS’ instructions with respect to all any Intermediary Materials that are transported, stored or handled by the Partnership Parties Logistics pursuant to this Agreement unless and until the Partnership Parties are Logistics is notified by the Intermediary in writing that the Company DKTS is no longer authorized to act as the Intermediary’s agent, in which case the Partnership Parties Logistics’ shall thereafter follow the instructions of the Intermediary (or such other agent as the Intermediary may appoint) with respect to all Intermediary Materials that are transported, stored or handled by the Partnership Parties Logistics pursuant to this Agreement. All volumes shipped by the Intermediary will be taken into account in the determination of whether the Company DKTS has satisfied its Minimum Throughput Commitment.