Common use of Fee Increase Clause in Contracts

Fee Increase. If, during the Term, new laws or regulations are enacted that require Delek-Big ▇▇▇▇▇ to make substantial and unanticipated capital expenditures (other than maintenance capital expenditures) with respect to the Terminal, Delek-Big ▇▇▇▇▇ may increase the Terminalling Service Fee or the Storage Fee, as applicable, to cover the cost of complying with these laws or regulations. Delek-Big ▇▇▇▇▇ and Delek Refining shall use their reasonable commercial efforts to comply with these laws and regulations, and shall negotiate in good faith to mitigate the impact of these laws and regulations and to determine the amount of increase to the Terminalling Service Fee or the Storage Fee. If Delek-Big ▇▇▇▇▇ and Delek Refining are unable to agree, the amount of such fee increases will be determined by arbitration in accordance with Section 29(d).

Fee Increase. If, during the Term, new laws or regulations are enacted that require Delek-Big ▇▇▇▇▇ to make substantial and unanticipated capital expenditures (other than maintenance capital expenditures) with respect to the TerminalFacilities, Delek-Big ▇▇▇▇▇ may increase the Terminalling Service Fee Throughput Fees or the Storage Fee, as applicable, to cover the cost of complying with these laws or regulations. Delek-Big ▇▇▇▇▇ and Delek Refining DKTS shall use their reasonable commercial efforts to comply with these laws and regulations, and shall negotiate in good faith to mitigate the impact of these laws and regulations and to determine the amount of increase to the Terminalling Service Fee Throughput Fees or the Storage Fee. If Delek-Big ▇▇▇▇▇ and Delek Refining DKTS are unable to agree, the amount of such fee increases will be determined by arbitration in accordance with Section 29(d30(d).