Common use of Interim Payments Clause in Contracts

Interim Payments. (a) For each day, Aron will calculate a provisional payment (each an “Interim Payment”) in accordance with the calculation set forth in Schedule C for that day, in the manner illustrated on Schedule G and using Best Available Inventory Data; provided that if inventory data have not been reported on any day within a three (3) Business Day period, Aron will use the inventory data for the day occurring during the thirty (30) day period preceding such calendar day that results in the largest Estimated Daily Net Crude Sales or the smallest Estimated Daily Net Product Sales (as the case may be), in any case resulting in an amount equal to the highest daily amount that would be payable to Aron; provided further that, if Aron determines that any inventory data it has used in such determination was inaccurate by at least 20,000 barrels, then Aron shall adjust future Interim Payments to take account of any corrected inventory data. (b) With respect to the Estimated Daily Net Crude Sales and Estimated Daily Net Product Sales, (i) The inventory data to be used in determining each shall include the Best Available Inventory Data. (ii) The Company shall, at the end of each day, provide to Aron inventory reports in the form set forth on Schedule H, showing the quantity of Crude Oil held in the Included Crude Tanks and the quantities of Products held in the Included Product Tanks; and (iii) The Company shall provide Aron with all relevant transfer data for Crude Oil Barrels that are in transit between Included Crude Tanks at the Par East (as identified in Schedule E) and the Par West (as identified in Schedule E). (c) For each day, Aron shall determine the Estimated Daily Net Crude Sales and Estimated Daily Net Product Sales, in a commercially reasonable manner based on the inventory data and otherwise in the manner contemplated by this Section 10.1 and Schedule G, and to the extent it deems appropriate taking into account such other data as may be relevant to the determination of such estimates. (d) Aron shall advise the Company of the amount of an Interim Payment via invoice issued in accordance with Schedule G. The party obligated to make such Interim Payment shall cause such payment to be made on the applicable Payment Date indicated on Schedule G. (e) For any Business Day, the Interim Payment to be determined and advised by Aron shall be the Interim Payment for that day, provided that if such Business Day is followed by one or more non-Business Days (whether weekends or Bank Holidays), then Aron shall determine and advise to the Company the Interim Payment for that Business Day as well as the Interim Payment each of such following non-Business Days and all such Interim Payments shall be due on the same day. (f) From time to time Aron may (but shall not be obligated to) include a provisional calculation of the Monthly Product Purchase Adjustment or Monthly Product Sale Adjustment in the applicable Interim Payment, which shall be calculated by Aron based on the current Daily Value or Aron’s good faith estimate of pricing and volume based on the applicable trade ticket (irrespective of whether Aron was invoiced for the applicable Crude Oil or Product) (each such adjustment, a “Provisional Marketing Adjustment”); provided that (x) if any calculated adjustment is positive, it will represent an amount payable to Aron and (y) if any calculated adjustment is negative, it will represent an amount payable to the Company. For avoidance of doubt, Aron may include such provisional calculation in the applicable Interim Payment in respect of any Crude Oil or Products sold or purchased pursuant to the Marketing and Sales Agreement or any Payment Undertaking. All provisionally charged adjustments will be credited in the applicable Monthly True-Up Amount. All amounts included in any Interim Payment as a Provisional Marketing Adjustment will be taken into account (but without duplication) for purposes of calculating any subsequent Provisional Marketing Adjustments or any Monthly Product Purchase Adjustment or Monthly Product Sale Adjustment included as a part of a subsequent Monthly True-Up Amount (or estimated Monthly True-Up Amount) or any unpaid amounts hereunder.

Interim Payments. (a) For each day, Aron ▇▇▇▇ will calculate a provisional payment (each an “Interim Payment”) in accordance with by applying the calculation set forth in Schedule C applicable Daily Values to the Estimated Daily Net Crude Sales and Estimated Daily Net Product Sales for that day, plus an estimate of Ancillary Costs for such day to the extent not directly invoiced to the Company, in the manner illustrated on Schedule G and using Best Available Inventory Datasubject to the following terms and conditions: (i) in determining the Estimated Daily Net Crude Sales or Estimated Daily Net Product Sales for any calendar day, ▇▇▇▇ shall use the inventory data reported by the Company on the immediately preceding day if such data are available; (ii) if such prior day’s inventory data are not available, but inventory data have been reported by the Company on any day within two (2) Business Days preceding such calendar day, then ▇▇▇▇ shall use the most recently available reported inventory data from such two (2) Business Day period; provided that and (iii) if inventory data have not been reported on any day within a three such two (32) Business Day period, Aron ▇▇▇▇ will use the inventory data for the day occurring during the thirty (30) day period preceding such calendar day that results in the largest Estimated Daily Net Crude Sales or the smallest Estimated Daily Net Product Sales (as the case may be), in any case resulting in an amount equal to the highest daily amount that would be payable to Aron; provided further that, if Aron ▇▇▇▇ determines an Interim Payment using any inventory data covered by clause (ii) or (iii) above or determines that any inventory data it has used in such determination was inaccurate by at least 20,000 barrelsinaccurate, then Aron shall ▇▇▇▇ may, at its option, adjust future Interim Payments (no more often than once per calendar week) to take account of any corrected inventory datadata or any inventory data that, if available, would have complied with clause (i) above. (b) With respect to the Estimated Daily Net Crude Sales and Estimated Daily Net Product Sales, (i) The inventory data to be used in determining each shall include the Best Available Inventory Data. (ii) The Company shall, at the end of each day, provide to Aron ▇▇▇▇ inventory reports in the form set forth on Schedule H, showing the quantity of Crude Oil held in the Included Crude Storage Tanks and the quantities of Products held in the Included Product Storage Tanks; and (iii) The Company ▇▇▇▇ shall provide Aron with all relevant transfer data for Crude Oil Barrels throughout any month, apply the Gross/Net Factors from the most recent prior month that are in transit between Included Crude Tanks at available as of the Par East first “Flow Date” of such month (as identified in listed on Schedule E) and the Par West (as identified in Schedule EG). (c) For each day, Aron shall determine the Estimated Daily Net Crude Sales and Estimated Daily Net Product Sales, in a commercially reasonable manner based on the inventory data and otherwise in the manner contemplated by this Section 10.1 and Schedule G, and to the extent it deems appropriate taking into account such other data as may be relevant to the determination of such estimates. (d) Aron shall advise the Company of the amount of an Interim Payment via invoice issued in accordance with Schedule G. The party obligated to make such Interim Payment shall cause such payment to be made on the applicable Payment Date indicated on Schedule G. (e) For any Business Day, the Interim Payment to be determined and advised by Aron shall be the Interim Payment for that day, provided that if such Business Day is followed by one or more non-Business Days (whether weekends or Bank Holidays), then Aron shall determine and advise to the Company the Interim Payment for that Business Day as well as the Interim Payment each of such following non-Business Days and all such Interim Payments shall be due on the same day. (f) From time to time Aron may (but shall not be obligated to) include a provisional calculation of the Monthly Product Purchase Adjustment or Monthly Product Sale Adjustment in the applicable Interim Payment, which shall be calculated by Aron based on the current Daily Value or Aron’s good faith estimate of pricing and volume based on the applicable trade ticket (irrespective of whether Aron was invoiced for the applicable Crude Oil or Product) (each such adjustment, a “Provisional Marketing Adjustment”); provided that (x) if any calculated adjustment is positive, it will represent an amount payable to Aron and (y) if any calculated adjustment is negative, it will represent an amount payable to the Company. For avoidance of doubt, Aron may include such provisional calculation in the applicable Interim Payment in respect of any Crude Oil or Products sold or purchased pursuant to the Marketing and Sales Agreement or any Payment Undertaking. All provisionally charged adjustments will be credited in the applicable Monthly True-Up Amount. All amounts included in any Interim Payment as a Provisional Marketing Adjustment will be taken into account (but without duplication) for purposes of calculating any subsequent Provisional Marketing Adjustments or any Monthly Product Purchase Adjustment or Monthly Product Sale Adjustment included as a part of a subsequent Monthly True-Up Amount (or estimated Monthly True-Up Amount) or any unpaid amounts hereunder.hereof,

Interim Payments. (a) For each day, Aron A▇▇▇ will calculate a provisional payment (each an “Interim Payment”) in accordance with by applying the calculation set forth in Schedule C applicable Daily Prices to the Estimated Daily Net Crude Sales and Estimated Daily Net Product Sales for that day, plus an estimate of Ancillary Costs for such day to the extent not directly invoiced to the Company, in the manner illustrated on Schedule G and using Best Available Inventory Datasubject to the following terms and conditions: (i) in determining the Estimated Daily Net Crude Sales or Estimated Daily Net Product Sales for any calendar day, A▇▇▇ shall use the inventory data reported by the Company on the immediately preceding day if such data are available; (ii) if such prior day's inventory data are not available, but inventory data have been reported by the Company on any day within two (2) Business Days preceding such calendar day, then A▇▇▇ shall use the most recently available reported inventory data from such two (2) Business Day period; provided that and (iii) if inventory data have not been reported on any day within a three such two (32) Business Day period, Aron A▇▇▇ will use the inventory data for the day occurring during the thirty (30) day period preceding such calendar day that results in the largest Estimated Daily Net Crude Sales or the smallest Estimated Daily Net Product Sales (as the case may be), in any case resulting in an amount equal to the highest daily amount that would be payable to Aron; provided further that, if Aron A▇▇▇ determines an Interim Payment using any inventory data covered by clause (ii) or (iii) above or determines that any inventory data it has used in such determination was inaccurate by at least 20,000 barrelsinaccurate, then Aron shall A▇▇▇ may, at its option, adjust future Interim Payments (no more often than once per calendar week) to take account of any corrected inventory datadata or any inventory data that, if available, would have complied with clause (i) above. (b) With respect to the Estimated Daily Net Crude Sales and Estimated Daily Net Product Sales, (i) The inventory data to be used in determining each shall include the Best Available Inventory Data. (ii) The Company shall, at the end of each day, provide to Aron A▇▇▇ inventory reports in the form set forth on Schedule HU, showing the quantity of NY2-683668 Crude Oil held in the Included Crude Storage Tanks and the quantities of Products held in the Included Product Storage Tanks; and (iii) The Company A▇▇▇ shall provide Aron with all relevant transfer data for Crude Oil Barrels throughout any month, apply the Gross/Net Factors from the most recent prior month that are in transit between Included Crude Tanks at available as of the Par East (as identified in Schedule E) and the Par West (as identified in Schedule E)beginning of such month. (c) For each day, Aron shall determine the Estimated Daily Net Crude Sales and Estimated Daily Net Product Sales, in a commercially reasonable manner based on the inventory data and otherwise in the manner contemplated by this Section 10.1 and Schedule G, and to the extent it deems appropriate taking into account such other data as may be relevant to the determination of such estimates. (d) Aron shall advise the Company of the amount of an Interim Payment via invoice issued in accordance with Schedule G. The party obligated to make such Interim Payment shall cause such payment to be made on the applicable Payment Date indicated on Schedule G. (e) For any Business Day, the Interim Payment to be determined and advised by Aron shall be the Interim Payment for that day, provided that if such Business Day is followed by one or more non-Business Days (whether weekends or Bank Holidays), then Aron shall determine and advise to the Company the Interim Payment for that Business Day as well as the Interim Payment each of such following non-Business Days and all such Interim Payments shall be due on the same day. (f) From time to time Aron may (but shall not be obligated to) include a provisional calculation of the Monthly Product Purchase Adjustment or Monthly Product Sale Adjustment in the applicable Interim Payment, which shall be calculated by Aron based on the current Daily Value or Aron’s good faith estimate of pricing and volume based on the applicable trade ticket (irrespective of whether Aron was invoiced for the applicable Crude Oil or Product) (each such adjustment, a “Provisional Marketing Adjustment”); provided that (x) if any calculated adjustment is positive, it will represent an amount payable to Aron and (y) if any calculated adjustment is negative, it will represent an amount payable to the Company. For avoidance of doubt, Aron may include such provisional calculation in the applicable Interim Payment in respect of any Crude Oil or Products sold or purchased pursuant to the Marketing and Sales Agreement or any Payment Undertaking. All provisionally charged adjustments will be credited in the applicable Monthly True-Up Amount. All amounts included in any Interim Payment as a Provisional Marketing Adjustment will be taken into account (but without duplication) for purposes of calculating any subsequent Provisional Marketing Adjustments or any Monthly Product Purchase Adjustment or Monthly Product Sale Adjustment included as a part of a subsequent Monthly True-Up Amount (or estimated Monthly True-Up Amount) or any unpaid amounts hereunder.hereof,

Interim Payments. (a) For each day, Aron ▇▇▇▇ will calculate a provisional payment (each an “Interim Payment”) in accordance with by applying the calculation set forth in Schedule C applicable Daily Prices to the Estimated Daily Net Crude Sales and Estimated Daily Net Product Sales for that day, plus an estimate of Ancillary Costs for such day to the extent not directly invoiced to the Company, in the manner illustrated on Schedule G and using Best Available Inventory Data; provided that if inventory data have not been reported on any day within a three two (32) Business Day period, Aron ▇▇▇▇ will use the inventory data for the day occurring during the thirty (30) day period preceding such calendar day that results in the largest Estimated Daily Net Crude Sales or the smallest Estimated Daily Net Product Sales (as the case may be), in any case resulting in an amount equal to the highest daily amount that would be payable to Aron; provided further that, if Aron ▇▇▇▇ determines that any inventory data it has used in such determination was inaccurate by at least 20,000 barrelsinaccurate, then Aron shall ▇▇▇▇ may, at its option, adjust future Interim Payments to take account of any corrected inventory data. PORTIONS OF THIS EXHIBIT DENOTED WITH THREE ASTERISKS (***) HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT. The “Interim Payment” shall be an amount equal to the value of the Estimated Daily Net Product Sales based on the applicable Daily Prices minus the sum of the value of the Estimated Daily Net Crude Sales based on the applicable Daily Prices plus the estimated Ancillary Costs for such day. If this is a negative amount, the absolute value will represent an amount payable to ▇▇▇▇ and if this is a positive amount, it will represent an amount payable to the Company. (b) With respect to the Estimated Daily Net Crude Sales and Estimated Daily Net Product Sales, (i) The inventory data to be used in determining each shall include the Best Available Inventory Data. (ii) The Company shall, at the end of each day, provide to Aron ▇▇▇▇ inventory reports in the form set forth on Schedule H, showing the quantity of Crude Oil held in the Included Crude Storage Tanks and the quantities of Products held in the Included Product Storage Tanks; and (iii) The Company shall provide Aron with all relevant transfer data for Crude Oil Barrels that are in transit between Included Crude Tanks at the Par East (as identified in Schedule E) and the Par West (as identified in Schedule E). (c) For each day, Aron shall determine the Estimated Daily Net Crude Sales and Estimated Daily Net Product Sales, in a commercially reasonable manner based on the inventory data and otherwise in the manner contemplated by this Section 10.1 and Schedule G, and to the extent it deems appropriate taking into account such other data as may be relevant to the determination of such estimates. (d) Aron shall advise the Company of the amount of an Interim Payment via invoice issued in accordance with Schedule G. The party obligated to make such Interim Payment shall cause such payment to be made on the applicable Payment Date indicated on Schedule G. (e) For any Business Day, the Interim Payment to be determined and advised by Aron shall be the Interim Payment for that day, provided that if such Business Day is followed by one or more non-Business Days (whether weekends or Bank Holidays), then Aron shall determine and advise to the Company the Interim Payment for that Business Day as well as the Interim Payment each of such following non-Business Days and all such Interim Payments shall be due on the same day. (f) From time to time Aron may (but shall not be obligated to) include a provisional calculation of the Monthly Product Purchase Adjustment or Monthly Product Sale Adjustment in the applicable Interim Payment, which shall be calculated by Aron based on the current Daily Value or Aron’s good faith estimate of pricing and volume based on the applicable trade ticket (irrespective of whether Aron was invoiced for the applicable Crude Oil or Product) (each such adjustment, a “Provisional Marketing Adjustment”); provided that (x) if any calculated adjustment is positive, it will represent an amount payable to Aron and (y) if any calculated adjustment is negative, it will represent an amount payable to the Company. For avoidance of doubt, Aron may include such provisional calculation in the applicable Interim Payment in respect of any Crude Oil or Products sold or purchased pursuant to the Marketing and Sales Agreement or any Payment Undertaking. All provisionally charged adjustments will be credited in the applicable Monthly True-Up Amount. All amounts included in any Interim Payment as a Provisional Marketing Adjustment will be taken into account (but without duplication) for purposes of calculating any subsequent Provisional Marketing Adjustments or any Monthly Product Purchase Adjustment or Monthly Product Sale Adjustment included as a part of a subsequent Monthly True-Up Amount (or estimated Monthly True-Up Amount) or any unpaid amounts hereunder.hereof,

Interim Payments. (a) For each day, Aron ▇▇▇▇ will calculate a provisional payment (each an “Interim Payment”) in accordance with by applying the calculation set forth in Schedule C applicable Daily Prices to the Estimated Daily Net Crude Sales and Estimated Daily Net Product Sales for that day, plus an estimate of Ancillary Costs for such day to the extent not directly invoiced to the Company, in the manner illustrated on Schedule G and using Best Available Inventory Datasubject to the following terms and conditions: (i) in determining the Estimated Daily Net Crude Sales or Estimated Daily Net Product Sales for any calendar day, ▇▇▇▇ shall use the inventory data reported by the Company on the immediately preceding day if such data are available; (ii) if such prior day’s inventory data are not available, but inventory data have been reported by the Company on any day within two (2) Business Days preceding such calendar day, then ▇▇▇▇ shall use the most recently available reported inventory data from such two (2) Business Day period; provided that and (iii) if inventory data have not been reported on any day within a three such two (32) Business Day period, Aron ▇▇▇▇ will use the inventory data for the day occurring during the thirty (30) day period preceding such calendar day that results in the largest Estimated Daily Net Crude Sales or the smallest Estimated Daily Net Product Sales (as the case may be), in any case resulting in an amount equal to the highest daily amount that would be payable to Aron; provided further that, if Aron ▇▇▇▇ determines an Interim Payment using any inventory data covered by clause (ii) or (iii) above or determines that any inventory data it has used in such determination was inaccurate by at least 20,000 barrelsinaccurate, then Aron shall ▇▇▇▇ may, at its option, adjust future Interim Payments (no more often than once per calendar week) to take account of any corrected inventory datadata or any inventory data that, if available, would have complied with clause (i) above. (b) With respect to the Estimated Daily Net Crude Sales and Estimated Daily Net Product Sales, (i) The inventory data to be used in determining each shall include the Best Available Inventory Data. (ii) The Company shall, at the end of each day, provide to Aron ▇▇▇▇ inventory reports in the form set forth on Schedule HU, showing the quantity of Crude Oil held in the Included Crude Storage Tanks and the quantities of Products held in the Included Product Storage Tanks; and (iii) The Company ▇▇▇▇ shall provide Aron with all relevant transfer data for Crude Oil Barrels throughout any month, apply the Gross/Net Factors from the most recent prior month that are in transit between Included Crude Tanks at available as of the Par East (as identified in Schedule E) and the Par West (as identified in Schedule E)beginning of such month. (c) For each day, Aron shall determine the Estimated Daily Net Crude Sales and Estimated Daily Net Product Sales, in a commercially reasonable manner based on the inventory data and otherwise in the manner contemplated by this Section 10.1 and Schedule G, and to the extent it deems appropriate taking into account such other data as may be relevant to the determination of such estimates. (d) Aron shall advise the Company of the amount of an Interim Payment via invoice issued in accordance with Schedule G. The party obligated to make such Interim Payment shall cause such payment to be made on the applicable Payment Date indicated on Schedule G. (e) For any Business Day, the Interim Payment to be determined and advised by Aron shall be the Interim Payment for that day, provided that if such Business Day is followed by one or more non-Business Days (whether weekends or Bank Holidays), then Aron shall determine and advise to the Company the Interim Payment for that Business Day as well as the Interim Payment each of such following non-Business Days and all such Interim Payments shall be due on the same day. (f) From time to time Aron may (but shall not be obligated to) include a provisional calculation of the Monthly Product Purchase Adjustment or Monthly Product Sale Adjustment in the applicable Interim Payment, which shall be calculated by Aron based on the current Daily Value or Aron’s good faith estimate of pricing and volume based on the applicable trade ticket (irrespective of whether Aron was invoiced for the applicable Crude Oil or Product) (each such adjustment, a “Provisional Marketing Adjustment”); provided that (x) if any calculated adjustment is positive, it will represent an amount payable to Aron and (y) if any calculated adjustment is negative, it will represent an amount payable to the Company. For avoidance of doubt, Aron may include such provisional calculation in the applicable Interim Payment in respect of any Crude Oil or Products sold or purchased pursuant to the Marketing and Sales Agreement or any Payment Undertaking. All provisionally charged adjustments will be credited in the applicable Monthly True-Up Amount. All amounts included in any Interim Payment as a Provisional Marketing Adjustment will be taken into account (but without duplication) for purposes of calculating any subsequent Provisional Marketing Adjustments or any Monthly Product Purchase Adjustment or Monthly Product Sale Adjustment included as a part of a subsequent Monthly True-Up Amount (or estimated Monthly True-Up Amount) or any unpaid amounts hereunder.hereof,

Interim Payments. (a) For each day, Aron ▇▇▇▇ will calculate a provisional payment (each an “Interim Payment”) in accordance with by applying the calculation set forth in Schedule C applicable Daily Prices to the Estimated Daily Net Crude Sales and Estimated Daily Net Product Sales for that day, plus an estimate of Ancillary Costs for such day to the extent not directly invoiced to the Company, in the manner illustrated on Schedule G and using Best Available Inventory Data; provided that if inventory data have not been reported on any day within a three two (32) Business Day period, Aron ▇▇▇▇ will use the inventory data for the day occurring during the thirty (30) day period preceding such calendar day that results in the largest Estimated Daily Net Crude Sales or the smallest Estimated Daily Net Product Sales (as the case may be), in any case resulting in an amount equal to the highest daily amount that would be payable to Aron; provided further that, if Aron ▇▇▇▇ determines that any inventory data it has used in such determination was inaccurate by at least 20,000 barrelsinaccurate, then Aron shall ▇▇▇▇ may, at its option, adjust future Interim Payments to take account of any corrected inventory data. The "Interim Payment" shall be an amount equal to the value of the Estimated Daily Net Product Sales based on the applicable daily prices minus the sum of the value of the Estimated Daily Net Crude Sales based on the applicable Daily Prices plus the estimated Ancillary Costs for such day. PORTIONS OF THIS EXHIBIT DENOTED WITH THREE ASTERISKS (***) HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT. If this is a negative amount, the absolute value will represent an amount payable to ▇▇▇▇ and if this is a positive amount, it will represent an amount payable to the Company. (b) With respect to the Estimated Daily Net Crude Sales and Estimated Daily Net Product Sales, (i) The inventory data to be used in determining each shall include the Best Available Inventory Data. (ii) The Company shall, at the end of each day, provide to Aron ▇▇▇▇ inventory reports in the form set forth on Schedule H, showing the quantity of Crude Oil held in the Included Crude Storage Tanks and the quantities of Products held in the Included Product Storage Tanks; and (iii) The Company shall provide Aron with all relevant transfer data for Crude Oil Barrels that are in transit between Included Crude Tanks at the Par East (as identified in Schedule E) and the Par West (as identified in Schedule E). (c) For each day, Aron shall determine the Estimated Daily Net Crude Sales and Estimated Daily Net Product Sales, in a commercially reasonable manner based on the inventory data and otherwise in the manner contemplated by this Section 10.1 and Schedule G, and to the extent it deems appropriate taking into account such other data as may be relevant to the determination of such estimates. (d) Aron shall advise the Company of the amount of an Interim Payment via invoice issued in accordance with Schedule G. The party obligated to make such Interim Payment shall cause such payment to be made on the applicable Payment Date indicated on Schedule G. (e) For any Business Day, the Interim Payment to be determined and advised by Aron shall be the Interim Payment for that day, provided that if such Business Day is followed by one or more non-Business Days (whether weekends or Bank Holidays), then Aron shall determine and advise to the Company the Interim Payment for that Business Day as well as the Interim Payment each of such following non-Business Days and all such Interim Payments shall be due on the same day. (f) From time to time Aron may (but shall not be obligated to) include a provisional calculation of the Monthly Product Purchase Adjustment or Monthly Product Sale Adjustment in the applicable Interim Payment, which shall be calculated by Aron based on the current Daily Value or Aron’s good faith estimate of pricing and volume based on the applicable trade ticket (irrespective of whether Aron was invoiced for the applicable Crude Oil or Product) (each such adjustment, a “Provisional Marketing Adjustment”); provided that (x) if any calculated adjustment is positive, it will represent an amount payable to Aron and (y) if any calculated adjustment is negative, it will represent an amount payable to the Company. For avoidance of doubt, Aron may include such provisional calculation in the applicable Interim Payment in respect of any Crude Oil or Products sold or purchased pursuant to the Marketing and Sales Agreement or any Payment Undertaking. All provisionally charged adjustments will be credited in the applicable Monthly True-Up Amount. All amounts included in any Interim Payment as a Provisional Marketing Adjustment will be taken into account (but without duplication) for purposes of calculating any subsequent Provisional Marketing Adjustments or any Monthly Product Purchase Adjustment or Monthly Product Sale Adjustment included as a part of a subsequent Monthly True-Up Amount (or estimated Monthly True-Up Amount) or any unpaid amounts hereunder.hereof,