Common use of INDEMNITY; LIMITATION OF DAMAGES Clause in Contracts

INDEMNITY; LIMITATION OF DAMAGES. 9 12.1 INDEMNITY; LIMITATION OF LIABILITY 9 12.2 SURVIVAL 9 ARTICLE 13 MISCELLANEOUS 10 13.1 AMENDMENTS AND WAIVERS 10 13.2 SUCCESSORS AND ASSIGNS 10 13.3 SEVERABILITY 10 13.4 CHOICE OF LAW 10 13.5 RIGHTS OF LIMITED PARTNERS 10 13.6 FURTHER ASSURANCES 10 13.7 HEADINGS 11 ARTICLE 14 GUARANTEE BY HOLLYFRONTIER 11 14.1 PAYMENT GUARANTY 11 14.2 GUARANTY ABSOLUTE 11 14.3 WAIVER 12 14.4 SUBROGATION WAIVER 12 14.5 REINSTATEMENT 12 14.6 CONTINUING GUARANTY 12 14.7 NO DUTY TO PURSUE OTHERS 12 ARTICLE 15 GUARANTEE BY THE PARTNERSHIP 12 15.1 PAYMENT AND PERFORMANCE GUARANTY 12 15.2 GUARANTY ABSOLUTE 12 15.3 WAIVER 13 15.4 SUBROGATION WAIVER 13 15.5 REINSTATEMENT 13 15.6 CONTINUING GUARANTY 14 15.7 NO DUTY TO PURSUE OTHERS 14 EXHIBITS Exhibit A – Definitions Exhibit B – Interpretation Exhibit C – Applicable Assets, Product, Minimum Capacity Commitment, Tariffs, Tariff Adjustments and Applicable Terms Exhibit D – Measurement of Shipped Volumes Exhibit E - Volumetric Gains and Losses; Line Fill; High-API Oil Surcharge Exhibit F - Increases in Tariff Rates as a Result of Changes in Applicable Law Exhibit G - Special Provisions: Malaga Pipeline System Exhibit G-1 - Map of Pipeline System and Pipeline System Capacity by Segment Exhibit G-2 – Construction Projects Exhibit G-3 – Devon Lease Connections Exhibit H – Special Provisions: El Dorado Assets Exhibit H-1 - El Dorado Loading Rack Exhibit H-2 – El Dorado Tankage Exhibit H-3 – Specifications for New Tank Exhibit I - Special Provisions: Cheyenne Assets Exhibit I-1 - Cheyenne Loading Rack Exhibit I-2 - Cheyenne Receiving Assets Exhibit I-3 – Cheyenne Tankage Exhibit I-4 – Specification for New Tanks Exhibit J – Special Provisions: Tulsa East Assets Exhibit J-1 - Tulsa Group 1 Loading Rack Exhibit J-2 - Tulsa Group 1 Pipeline Exhibit J-3 – Tulsa Group 1 Tankage Exhibit J-4 – Tulsa Group 2 Loading Rack Exhibit J-5 – Tulsa Group 2 Tankage Exhibit K – Special Provisions: El Dorado Crude Tank Farm Assets Exhibit K-1 – El Dorado Crude Tankage and Jayhawk Tankage Exhibit K-2 – El Dorado Terminal Quality Specifications AMENDED AND RESTATED MASTER THROUGHPUT AGREEMENT This Amended and Restated Master Throughput Agreement (this “Agreement”) is dated as of February 22, 2016, to be effective as of the Effective Time (as defined below) by and between HOLLYFRONTIER REFINING & MARKETING LLC (“HFRM”) and XXXXX ENERGY PARTNERS-OPERATING, L.P. (“HEP Operating”), and amends and restates in its entirety the Master Throughput Agreement dated October 16, 2015 (the “Original Master Throughput Agreement”). Each of HFRM and HEP Operating are collectively referred to herein as the “Parties.”

INDEMNITY; LIMITATION OF DAMAGES. 9 12.1 6 8.1 INDEMNITY; LIMITATION OF LIABILITY 6 8.2 SURVIVAL 6 ARTICLE 9 12.2 SURVIVAL 9 ARTICLE 13 MISCELLANEOUS 10 13.1 6 9.1 AMENDMENTS AND WAIVERS 10 13.2 6 9.2 SUCCESSORS AND ASSIGNS 10 13.3 7 9.3 SEVERABILITY 10 13.4 7 9.4 CHOICE OF LAW 10 13.5 7 9.5 RIGHTS OF LIMITED PARTNERS 10 13.6 7 9.6 FURTHER ASSURANCES 7 9.7 HEADINGS 7 ARTICLE 10 13.7 HEADINGS 11 ARTICLE 14 GUARANTEE BY HOLLYFRONTIER 11 14.1 8 10.1 PAYMENT GUARANTY 11 14.2 8 10.2 GUARANTY ABSOLUTE 11 14.3 8 10.3 WAIVER 12 14.4 8 10.4 SUBROGATION WAIVER 12 14.5 9 10.5 REINSTATEMENT 12 14.6 9 10.6 CONTINUING GUARANTY 12 14.7 9 10.7 NO DUTY TO PURSUE OTHERS 12 9 ARTICLE 15 11 GUARANTEE BY THE PARTNERSHIP 12 15.1 9 11.1 PAYMENT AND PERFORMANCE GUARANTY 12 15.2 9 11.2 GUARANTY ABSOLUTE 12 15.3 10 11.3 WAIVER 13 15.4 10 11.4 SUBROGATION WAIVER 13 15.5 10 11.5 REINSTATEMENT 13 15.6 11 11.6 CONTINUING GUARANTY 14 15.7 11 11.7 NO DUTY TO PURSUE OTHERS 14 11 EXHIBITS Exhibit A – Definitions Parties Exhibit B – Interpretation Drop Down Transactions Exhibit C – Applicable Assets, Product, ; Minimum Capacity Throughput Commitment, Tariffs, Tariff Adjustments ; Tolling Fees and Adjustments; Applicable Terms Term Exhibit D – Measurement of Shipped Volumes Definitions Exhibit E - Volumetric Gains and Losses; Line Fill; High-API Oil Surcharge Interpretations Exhibit F - Increases Measurement of Delivered Volumes Exhibit G - Increase in Tariff Rates Tolling Fees as a Result of Changes in Applicable Law Exhibit G - Special Provisions: Malaga Pipeline System Exhibit G-1 - Map of Pipeline System and Pipeline System Capacity by Segment Exhibit G-2 – Construction Projects Exhibit G-3 – Devon Lease Connections Exhibit H – Special Provisions: El Dorado Assets Exhibit H-1 - El Dorado Loading Rack Exhibit H-2 – El Dorado Tankage Exhibit H-3 – Specifications for New Tank Exhibit I - Special Provisions: Cheyenne Assets Exhibit I-1 - Cheyenne Loading Rack Exhibit I-2 - Cheyenne Receiving Assets Exhibit I-3 – Cheyenne Tankage Exhibit I-4 – Specification for New Tanks Exhibit J – Special Provisions: Tulsa East Assets Exhibit J-1 - Tulsa Group 1 Loading Rack Exhibit J-2 - Tulsa Group 1 Pipeline Exhibit J-3 – Tulsa Group 1 Tankage Exhibit J-4 – Tulsa Group 2 Loading Rack Exhibit J-5 – Tulsa Group 2 Tankage Exhibit K – Special Provisions: El Dorado Crude Tank Farm Assets Exhibit K-1 – El Dorado Crude Tankage and Jayhawk Tankage Exhibit K-2 – El Dorado Terminal Quality Specifications AMENDED AND RESTATED MASTER THROUGHPUT TOLLING AGREEMENT (Operating Assets) This Amended and Restated Master Throughput Tolling Agreement (this “Agreement”) is dated as of February 22November 2, 20162015, to be effective as of the Effective Time (as defined below) by and between HOLLYFRONTIER REFINING & MARKETING LLC the Persons set forth on Exhibit A (each hereinafter sometimes referred to as a “HFRM”) Party” and XXXXX ENERGY PARTNERS-OPERATING, L.P. (“HEP Operating”), and amends and restates in its entirety the Master Throughput Agreement dated October 16, 2015 (the “Original Master Throughput Agreement”). Each of HFRM and HEP Operating are sometimes collectively referred to herein as the “Parties”).”

INDEMNITY; LIMITATION OF DAMAGES. 9 12.1 INDEMNITY; LIMITATION OF LIABILITY 9 12.2 SURVIVAL 9 ARTICLE 13 MISCELLANEOUS 10 13.1 AMENDMENTS AND WAIVERS 10 13.2 SUCCESSORS AND ASSIGNS 10 13.3 SEVERABILITY 10 13.4 CHOICE OF LAW 10 13.5 RIGHTS OF LIMITED PARTNERS 10 13.6 FURTHER ASSURANCES 10 11 13.7 HEADINGS 11 ARTICLE 14 GUARANTEE BY HOLLYFRONTIER 11 14.1 PAYMENT GUARANTY 11 14.2 GUARANTY ABSOLUTE 11 14.3 WAIVER 12 14.4 SUBROGATION WAIVER 12 14.5 REINSTATEMENT 12 14.6 CONTINUING GUARANTY 12 14.7 NO DUTY TO PURSUE OTHERS 12 ARTICLE 15 GUARANTEE BY THE PARTNERSHIP 12 15.1 PAYMENT AND PERFORMANCE GUARANTY 12 15.2 GUARANTY ABSOLUTE 12 13 15.3 WAIVER 13 15.4 SUBROGATION WAIVER 13 15.5 REINSTATEMENT 13 14 15.6 CONTINUING GUARANTY 14 15.7 NO DUTY TO PURSUE OTHERS 14 EXHIBITS Exhibit A – Definitions Exhibit B – Interpretation Exhibit C – Applicable Assets, Product, Minimum Capacity Commitment, Tariffs, Tariff Adjustments and Applicable Terms Exhibit D – Measurement of Shipped Volumes Exhibit E - Volumetric Gains and Losses; Line Fill; High-API Oil Surcharge Exhibit F - Increases in Tariff Rates as a Result of Changes in Applicable Law Exhibit G - Special Provisions: Malaga Pipeline System Exhibit G-1 - Map of Pipeline System and Pipeline System Capacity by Segment Exhibit G-2 – Construction Projects Exhibit G-3 – Devon Lease Connections Exhibit H – Special Provisions: El Dorado Assets Exhibit H-1 - El Dorado Loading Rack Exhibit H-2 – El Dorado Tankage Exhibit H-3 – Specifications for New Tank Exhibit I - Special Provisions: Cheyenne Assets Exhibit I-1 - Cheyenne Loading Rack Exhibit I-2 - Cheyenne Receiving Assets Exhibit I-3 – Cheyenne Tankage Exhibit I-4 – Specification for New Tanks Exhibit J – Special Provisions: Tulsa East Assets Exhibit J-1 - Tulsa Group 1 Loading Rack Exhibit J-2 - Tulsa Group 1 Pipeline Exhibit J-3 – Tulsa Group 1 Tankage Exhibit J-4 – Tulsa Group 2 Loading Rack Exhibit J-5 – Tulsa Group 2 Tankage Exhibit K – Special Provisions: El Dorado Crude Tank Farm Assets Exhibit K-1 – El Dorado Crude Tankage and Jayhawk Tankage Exhibit K-2 – El Dorado Terminal Quality Specifications Exhibit L-1 – Tulsa West Tankage Exhibit L-2 – Special Provisions: Tulsa West Tankage SECOND AMENDED AND RESTATED MASTER THROUGHPUT AGREEMENT This Second Amended and Restated Master Throughput Agreement (this “Agreement”) is dated as of February 22August 8, 2016, to be effective as of the Effective Time (as defined below) by and between HOLLYFRONTIER REFINING & MARKETING LLC (“HFRM”) and XXXXX ENERGY PARTNERS-OPERATING, L.P. (“HEP Operating”), and amends and restates in its entirety the Master Throughput Agreement dated October 16, 2015 (the “Original Master Throughput Agreement”). Each of HFRM and HEP Operating are collectively referred to herein as the “Parties.”

INDEMNITY; LIMITATION OF DAMAGES. 9 12.1 INDEMNITY; LIMITATION OF LIABILITY 9 12.2 SURVIVAL 9 10 ARTICLE 13 MISCELLANEOUS 10 13.1 AMENDMENTS AND WAIVERS 10 13.2 SUCCESSORS AND ASSIGNS 10 13.3 SEVERABILITY 10 13.4 CHOICE OF LAW 10 13.5 RIGHTS OF LIMITED PARTNERS 10 13.6 FURTHER ASSURANCES 10 11 13.7 HEADINGS 11 ARTICLE 14 GUARANTEE BY HOLLYFRONTIER 11 14.1 PAYMENT GUARANTY 11 14.2 GUARANTY ABSOLUTE 11 14.3 WAIVER 12 14.4 SUBROGATION WAIVER 12 14.5 REINSTATEMENT 12 14.6 CONTINUING GUARANTY 12 14.7 NO DUTY TO PURSUE OTHERS 12 ARTICLE 15 GUARANTEE BY THE PARTNERSHIP 12 15.1 PAYMENT AND PERFORMANCE GUARANTY 12 15.2 GUARANTY ABSOLUTE 12 13 [Page 2 to the Third Amended and Restated Master Throughput Agreement] Exhibit 10.29 15.3 WAIVER 13 15.4 SUBROGATION WAIVER 13 15.5 REINSTATEMENT 13 14 15.6 CONTINUING GUARANTY 14 15.7 NO DUTY TO PURSUE OTHERS 14 EXHIBITS Exhibit A – Definitions Exhibit B – Interpretation Exhibit C – Applicable Assets, Product, Minimum Capacity Commitment, Tariffs, Tariff Adjustments and Applicable Terms Exhibit D – Measurement of Shipped Volumes Exhibit E - Volumetric Gains and Losses; Line Fill; High-API Oil Surcharge Exhibit F - Increases in Tariff Rates as a Result of Changes in Applicable Law Exhibit G - Special Provisions: Malaga Pipeline System Exhibit G-1 - Map of Pipeline System and Pipeline System Capacity by Segment Exhibit G-2 – Construction Projects Exhibit G-3 – Devon Lease Connections Exhibit H – Special Provisions: El Dorado Assets Exhibit H-1 - El Dorado Loading Rack Exhibit H-2 – El Dorado Tankage Exhibit H-3 – Specifications for New Tank Exhibit I - Special Provisions: Cheyenne Assets Exhibit I-1 - Cheyenne Loading Rack Exhibit I-2 - Cheyenne Receiving Assets Exhibit I-3 – Cheyenne Tankage Exhibit I-4 – Specification for New Tanks Exhibit J – Special Provisions: Tulsa East Assets Exhibit J-1 - Tulsa Group 1 Loading Rack Exhibit J-2 - Tulsa Group 1 Pipeline Exhibit J-3 – Tulsa Group 1 Tankage Exhibit J-4 – Tulsa Group 2 Loading Rack Exhibit J-5 – Tulsa Group 2 Tankage Exhibit K – Special Provisions: El Dorado Crude Tank Farm Assets Exhibit K-1 – El Dorado Crude Tankage and Jayhawk Tankage Exhibit K-2 – El Dorado Terminal Quality Specifications Exhibit L-1 – Tulsa West Tankage Exhibit L-2 – Special Provisions: Tulsa West Tankage [Page 3 to the Third Amended and Restated Master Throughput Agreement] THIRD AMENDED AND RESTATED MASTER THROUGHPUT AGREEMENT This Third Amended and Restated Master Throughput Agreement (this “Agreement”) is dated as of February 22January 18, 20162017, to be effective as of the Effective Time (as defined below) by and between HOLLYFRONTIER REFINING & MARKETING LLC (“HFRM”) and XXXXX ENERGY PARTNERS-OPERATING, L.P. (“HEP Operating”), and amends and restates in its entirety the Master Throughput Agreement dated October 16, 2015 (the “Original Master Throughput Agreement”). Each of HFRM and HEP Operating are collectively referred to herein as the “Parties.”

INDEMNITY; LIMITATION OF DAMAGES. 9 12.1 INDEMNITY; LIMITATION OF LIABILITY 9 12.2 SURVIVAL 9 ARTICLE 13 MISCELLANEOUS 10 9 13.1 AMENDMENTS AND WAIVERS 10 9 13.2 SUCCESSORS AND ASSIGNS 10 13.3 SEVERABILITY 10 13.4 CHOICE OF LAW 10 13.5 RIGHTS OF LIMITED PARTNERS 10 13.6 FURTHER ASSURANCES 10 13.7 HEADINGS 11 10 ARTICLE 14 GUARANTEE BY HOLLYFRONTIER 11 14.1 PAYMENT GUARANTY 11 14.2 GUARANTY ABSOLUTE 11 14.3 WAIVER 12 11 14.4 SUBROGATION WAIVER 12 11 14.5 REINSTATEMENT 12 14.6 CONTINUING GUARANTY 12 14.7 NO DUTY TO PURSUE OTHERS 12 ARTICLE 15 GUARANTEE BY THE PARTNERSHIP 12 15.1 PAYMENT AND PERFORMANCE GUARANTY 12 15.2 GUARANTY ABSOLUTE 12 15.3 WAIVER 13 15.4 SUBROGATION WAIVER 13 15.5 REINSTATEMENT 13 15.6 CONTINUING GUARANTY 14 13 15.7 NO DUTY TO PURSUE OTHERS 14 EXHIBITS Exhibit A – Definitions Exhibit B – Interpretation Exhibit C – Applicable Assets, Product, Minimum Capacity Commitment, Tariffs, Tariff Adjustments and Applicable Terms Exhibit D – Measurement of Shipped Volumes Exhibit E - Volumetric Gains and Losses; Line Fill; High-API Oil Surcharge Exhibit F - Increases in Tariff Rates as a Result of Changes in Applicable Law Exhibit G - Special Provisions: Malaga Pipeline System Exhibit G-1 - Map of Pipeline System and Pipeline System Capacity by Segment Exhibit G-2 – Construction Projects Exhibit G-3 – Devon Lease Connections Exhibit H – Special Provisions: El Dorado Assets Exhibit H-1 - El Dorado Loading Rack Exhibit H-2 – El Dorado Tankage Exhibit H-3 – Specifications for New Tank Exhibit I - Special Provisions: Cheyenne Assets Exhibit I-1 - Cheyenne Loading Rack Exhibit I-2 - Cheyenne Receiving Assets Exhibit I-3 – Cheyenne Tankage Exhibit I-4 – Specification for New Tanks Exhibit J – Special Provisions: Tulsa East Assets Exhibit J-1 - Tulsa Group 1 Loading Rack Exhibit J-2 - Tulsa Group 1 Pipeline Exhibit J-3 – Tulsa Group 1 Tankage Exhibit J-4 – Tulsa Group 2 Loading Rack Exhibit J-5 – Tulsa Group 2 Tankage Exhibit K – Special Provisions: El Dorado Crude Tank Farm Assets Exhibit K-1 – El Dorado Crude Tankage and Jayhawk Tankage Exhibit K-2 – El Dorado Terminal Quality Specifications AMENDED AND RESTATED MASTER THROUGHPUT AGREEMENT This Amended and Restated Master Throughput Agreement (this “Agreement”) is dated as of February 22October 16, 20162015, to be effective as of the Effective Time (as defined below) by and between HOLLYFRONTIER REFINING & MARKETING LLC (“HFRM”) and XXXXX ENERGY PARTNERS-OPERATING, L.P. (“HEP Operating”), and amends and restates in its entirety the Master Throughput Agreement dated October 16, 2015 (the “Original Master Throughput Agreement”). Each of HFRM and HEP Operating are collectively referred to herein as the “Parties.”

INDEMNITY; LIMITATION OF DAMAGES. 9 12.1 INDEMNITY; LIMITATION OF LIABILITY 9 12.2 SURVIVAL 9 10 ARTICLE 13 MISCELLANEOUS 10 13.1 AMENDMENTS AND WAIVERS 10 13.2 SUCCESSORS AND ASSIGNS 10 13.3 SEVERABILITY 10 13.4 CHOICE OF LAW 10 13.5 RIGHTS OF LIMITED PARTNERS 10 13.6 FURTHER ASSURANCES 10 11 13.7 HEADINGS 11 ARTICLE 14 GUARANTEE BY HOLLYFRONTIER 11 14.1 PAYMENT GUARANTY 11 14.2 GUARANTY ABSOLUTE 11 14.3 WAIVER 12 14.4 SUBROGATION WAIVER 12 14.5 REINSTATEMENT 12 14.6 CONTINUING GUARANTY 12 14.7 NO DUTY TO PURSUE OTHERS 12 ARTICLE 15 GUARANTEE BY THE PARTNERSHIP 12 15.1 PAYMENT AND PERFORMANCE GUARANTY 12 15.2 GUARANTY ABSOLUTE 12 13 [Page 2 to the Third Amended and Restated Master Throughput Agreement] Exhibit 10.27 15.3 WAIVER 13 15.4 SUBROGATION WAIVER 13 15.5 REINSTATEMENT 13 14 15.6 CONTINUING GUARANTY 14 15.7 NO DUTY TO PURSUE OTHERS 14 EXHIBITS Exhibit A – Definitions Exhibit B – Interpretation Exhibit C – Applicable Assets, Product, Minimum Capacity Commitment, Tariffs, Tariff Adjustments and Applicable Terms Exhibit D – Measurement of Shipped Volumes Exhibit E - Volumetric Gains and Losses; Line Fill; High-API Oil Surcharge Exhibit F - Increases in Tariff Rates as a Result of Changes in Applicable Law Exhibit G - Special Provisions: Malaga Pipeline System Exhibit G-1 - Map of Pipeline System and Pipeline System Capacity by Segment Exhibit G-2 – Construction Projects Exhibit G-3 – Devon Lease Connections Exhibit H – Special Provisions: El Dorado Assets Exhibit H-1 - El Dorado Loading Rack Exhibit H-2 – El Dorado Tankage Exhibit H-3 – Specifications for New Tank Exhibit I - Special Provisions: Cheyenne Assets Exhibit I-1 - Cheyenne Loading Rack Exhibit I-2 - Cheyenne Receiving Assets Exhibit I-3 – Cheyenne Tankage Exhibit I-4 – Specification for New Tanks Exhibit J – Special Provisions: Tulsa East Assets Exhibit J-1 - Tulsa Group 1 Loading Rack Exhibit J-2 - Tulsa Group 1 Pipeline Exhibit J-3 – Tulsa Group 1 Tankage Exhibit J-4 – Tulsa Group 2 Loading Rack Exhibit J-5 – Tulsa Group 2 Tankage Exhibit K – Special Provisions: El Dorado Crude Tank Farm Assets Exhibit K-1 – El Dorado Crude Tankage and Jayhawk Tankage Exhibit K-2 – El Dorado Terminal Quality Specifications Exhibit L-1 – Tulsa West Tankage Exhibit L-2 – Special Provisions: Tulsa West Tankage [Page 3 to the Third Amended and Restated Master Throughput Agreement] THIRD AMENDED AND RESTATED MASTER THROUGHPUT AGREEMENT This Third Amended and Restated Master Throughput Agreement (this “Agreement”) is dated as of February 22January 18, 20162017, to be effective as of the Effective Time (as defined below) by and between HOLLYFRONTIER REFINING & MARKETING LLC (“HFRM”) and XXXXX ENERGY PARTNERS-OPERATING, L.P. (“HEP Operating”), and amends and restates in its entirety the Master Throughput Agreement dated October 16, 2015 (the “Original Master Throughput Agreement”). Each of HFRM and HEP Operating are collectively referred to herein as the “Parties.”

INDEMNITY; LIMITATION OF DAMAGES. 9 12.1 6 8.1 INDEMNITY; LIMITATION OF LIABILITY 6 8.2 SURVIVAL 6 ARTICLE 9 12.2 SURVIVAL 9 ARTICLE 13 MISCELLANEOUS 10 13.1 6 9.1 AMENDMENTS AND WAIVERS 10 13.2 6 9.2 SUCCESSORS AND ASSIGNS 10 13.3 7 9.3 SEVERABILITY 10 13.4 7 9.4 CHOICE OF LAW 10 13.5 7 9.5 RIGHTS OF LIMITED PARTNERS 10 13.6 7 9.6 FURTHER ASSURANCES 7 9.7 HEADINGS 8 ARTICLE 10 13.7 HEADINGS 11 ARTICLE 14 GUARANTEE BY HOLLYFRONTIER 11 14.1 8 10.1 PAYMENT GUARANTY 11 14.2 8 10.2 GUARANTY ABSOLUTE 11 14.3 8 10.3 WAIVER 12 14.4 9 10.4 SUBROGATION WAIVER 12 14.5 9 10.5 REINSTATEMENT 12 14.6 9 10.6 CONTINUING GUARANTY 12 14.7 9 10.7 NO DUTY TO PURSUE OTHERS 12 9 ARTICLE 15 11 GUARANTEE BY THE PARTNERSHIP 12 15.1 9 11.1 PAYMENT AND PERFORMANCE GUARANTY 12 15.2 9 11.2 GUARANTY ABSOLUTE 12 15.3 10 11.3 WAIVER 13 15.4 10 11.4 SUBROGATION WAIVER 13 15.5 10 11.5 REINSTATEMENT 13 15.6 11 11.6 CONTINUING GUARANTY 14 15.7 11 11.7 NO DUTY TO PURSUE OTHERS 14 11 EXHIBITS Exhibit A – Definitions Parties Exhibit B – Interpretation Drop Down Transactions Exhibit C – Applicable Assets, Product, ; Minimum Capacity Throughput Commitment, Tariffs, Tariff Adjustments ; Tolling Fees and Adjustments; Applicable Terms Term Exhibit D – Measurement of Shipped Volumes Definitions Exhibit E - Volumetric Gains and Losses; Line Fill; High-API Oil Surcharge Interpretations Exhibit F - Increases Measurement of Delivered Volumes Exhibit G - Increase in Tariff Rates Tolling Fees as a Result of Changes in Applicable Law Exhibit G - Special Provisions: Malaga Pipeline System Exhibit G-1 - Map of Pipeline System and Pipeline System Capacity by Segment Exhibit G-2 – Construction Projects Exhibit G-3 – Devon Lease Connections Exhibit H – Special Provisions: El Dorado Assets Exhibit H-1 - El Dorado Loading Rack Exhibit H-2 – El Dorado Tankage Exhibit H-3 – Specifications for New Tank Exhibit I - Special Provisions: Cheyenne Assets Exhibit I-1 - Cheyenne Loading Rack Exhibit I-2 - Cheyenne Receiving Assets Exhibit I-3 – Cheyenne Tankage Exhibit I-4 – Specification for New Tanks Exhibit J – Special Provisions: Tulsa East Assets Exhibit J-1 - Tulsa Group 1 Loading Rack Exhibit J-2 - Tulsa Group 1 Pipeline Exhibit J-3 – Tulsa Group 1 Tankage Exhibit J-4 – Tulsa Group 2 Loading Rack Exhibit J-5 – Tulsa Group 2 Tankage Exhibit K – Special Provisions: El Dorado Crude Tank Farm Assets Exhibit K-1 – El Dorado Crude Tankage and Jayhawk Tankage Exhibit K-2 – El Dorado Terminal Quality Specifications AMENDED AND RESTATED MASTER THROUGHPUT AGREEMENT This Amended and Restated Master Throughput Agreement (this “Agreement”) is dated as of February 22, 2016, to be effective as of the Effective Time (as defined below) by and between HOLLYFRONTIER REFINING & MARKETING LLC (“HFRM”) and XXXXX ENERGY PARTNERS-OPERATING, L.P. (“HEP Operating”), and amends and restates in its entirety the Master Throughput Agreement dated October 16, 2015 (the “Original Master Throughput Agreement”). Each of HFRM and HEP Operating are collectively referred to herein as the “Parties.”Law