Common use of Maintenance and Repair Standards Clause in Contracts

Maintenance and Repair Standards. Subject to Force Majeure and interruptions for routine repair and maintenance consistent with industry standards, the Logistics Entity shall maintain (i) the Pipelines with sufficient aggregate capacity to throughput a volume of Crude Oil at least equal to the Minimum Throughput Capacity and (ii) the Tankage with a capacity sufficient to store a volume of Crude Oil at least equal to the Minimum Storage Capacity. The Logistics Entity’s obligations may be temporarily suspended during the occurrence of, and for the entire duration of, a Force Majeure or interruptions for routine repair and maintenance consistent with industry standards that prevent the Logistics Entity from providing the Minimum Throughput Capacity or storing the Minimum Storage Capacity. To the extent the Refining Entity is prevented for 30 or more days in any Contract Year from throughputting volumes equal to the full Minimum Throughput Capacity or terminalling volumes equal to the Minimum Storage Capacity for reasons of Force Majeure or other interruption of service affecting the facilities or assets of the Logistics Entity, then the Refining Entity’s Minimum Throughput Commitment shall be proportionately reduced to the extent of the difference between the Minimum Throughput Capacity and the amount that the Logistics Entity can effectively throughput in the Pipelines (prorated for the portion of the Contract Quarter during which the Minimum Throughput Capacity was unavailable), regardless of whether actual throughput prior to the reduction was below the Minimum Throughput Commitment, and/or its Storage Fee shall be reduced by an amount of $0.4167 per barrel (which amount shall be adjusted in accordance with the adjustments to the Storage Fee provided for in Sections 2(c), (k) and (l) above, if applicable, and prorated for the portion of the applicable month during which such storage was unavailable) for each barrel less than the Minimum Storage Capacity that the Logistics Entity is unable to terminal at the Tankage regardless of whether the Refining Entity actually used such storage capacity. At such time as the Logistics Entity is capable of throughputting volumes equal to the full Minimum Throughput Capacity or terminalling volumes equal to the Minimum Storage Capacity, as applicable, the Refining Entity’s obligation to throughput the full Minimum Throughput Commitment and to pay the full Storage Fee shall be restored. If for any reason, including, without limitation, a Force Majeure event, the throughput of the Pipelines or storage capacity of the Tankage should fall below the Minimum Throughput Capacity or the Minimum Storage Capacity, respectively, then with due diligence and dispatch, the Logistics Entity shall make repairs to the Pipelines and/or the Tankage to restore the capacity of the Pipelines to that required for throughput of the Minimum Throughput Capacity and/or the Tankage to that required for terminalling of the Minimum Storage Capacity (“Restoration”). Except as provided below in Section 8(c), all of such Restoration shall be at the Logistics Entity’s cost and expense, unless the damage creating the need for such repairs was caused by the negligence or willful misconduct of the Refining Entity, its employees, agents or customers.

Maintenance and Repair Standards. Subject to Force Majeure and interruptions for routine repair and maintenance consistent with customary terminal industry standards, the Logistics Entity Delek-Big Xxxxx shall maintain (i) the Pipelines Terminal in a condition and with a capacity sufficient aggregate capacity to throughput a volume of Crude Oil Delek Refining’s Products at least equal to the Minimum Throughput Capacity and (ii) the Tankage with a capacity sufficient to store a volume of Crude Oil Delek Refining’s Products at least equal to the Minimum Storage Capacity. The Logistics EntityDelek-Big Sandy’s obligations may be temporarily suspended during the occurrence of, and for the entire duration of, a Force Majeure or interruptions for routine repair and maintenance consistent with industry standards that prevent the Logistics Entity prevents Delek-Big Xxxxx from providing terminalling the Minimum Throughput Capacity or storing the Minimum Storage Capacity. To the extent the Delek Refining Entity is prevented for 30 or more days in any Contract Year from throughputting terminalling volumes equal to the full Minimum Throughput Capacity or terminalling volumes equal to using the Minimum Storage Capacity for reasons of Force Majeure or other interruption of service affecting the facilities or assets of the Logistics EntityDelek Big-Xxxxx, then the Refining EntityDelek Refining’s Minimum Throughput Commitment shall be proportionately reduced to the extent of the difference between the Minimum Throughput Capacity and the amount that the Logistics Entity Delek Refining can effectively throughput in at the Pipelines Terminal (prorated for the portion of the Contract Quarter during which the Minimum Throughput Capacity was unavailable), ) regardless of whether the actual throughput prior to the reduction was below the Minimum Throughput Commitment, and/or its and the Storage Fee shall be reduced by an amount of $0.4167 0.57 per barrel (which amount shall be adjusted in accordance with the adjustments to the Storage Fee provided for in Sections 2(c3(e), (k) 5 and (l8(a) above, if applicable, and prorated for the portion of the applicable month during which such storage was unavailable) for each barrel less than the Minimum Storage Capacity that the Logistics Entity Delek-Big Xxxxx is unable to terminal store at the Tankage Terminal, regardless of whether the Delek Refining Entity actually used such storage capacity. At such time as the Logistics Entity Delek-Big Xxxxx is capable of throughputting terminalling volumes equal to the full Minimum Throughput Capacity or terminalling volumes equal to using the Minimum Storage Capacity, as applicable, the Refining EntityDelek Refining’s obligation to throughput the full Minimum Throughput Commitment and to pay the full Storage Fee shall be restored. If for any reason, including, without limitation, a Force Majeure event, the throughput of the Pipelines or storage capacity of the Tankage Terminal should fall below the Minimum Throughput Capacity or the Minimum Storage Capacity, respectively, then with due diligence and dispatch, the Logistics Entity Delek-Big Xxxxx shall make repairs to the Pipelines and/or the Tankage Terminal to restore the capacity of the Pipelines Terminal to that required for throughput of the Minimum Throughput Capacity and/or the Tankage to that required for terminalling of or using the Minimum Storage Capacity (“Restoration”). Except as provided below in Section 8(c25(c), all of such Restoration shall be at the Logistics EntityDelek-Big Sandy’s cost and expense, unless the damage creating the need for such repairs was caused by the negligence or willful misconduct of the Refining EntityDelek Refining, its employees, agents or customers.

Maintenance and Repair Standards. Subject to interruptions for Force Majeure events pursuant to Section 3 and interruptions for routine repair and maintenance consistent with industry standards, the Logistics Entity shall maintain (i) the Pipelines Terminal with sufficient aggregate capacity to throughput a volume of Crude Oil Materials at least equal to the Minimum Throughput Capacity and (ii) the Tankage with a capacity sufficient to store a volume of Crude Oil Materials at least equal to the applicable Minimum Storage Capacity. The Logistics Entity’s Logistics’ obligations may be temporarily suspended during the occurrence of, and for the entire duration of, a Force Majeure event or interruptions for routine repair and maintenance consistent with industry standards that prevent the Logistics Entity from providing the Minimum Throughput Capacity or storing the applicable Minimum Storage Capacity. To the extent the Refining Entity is prevented for 30 or more days in any Contract Year from throughputting volumes equal to the full Minimum Throughput Capacity or terminalling storing volumes equal to the applicable Minimum Storage Capacity for reasons of Force Majeure or other interruption of service affecting the facilities or assets of the Logistics Entity(including any reduction in available storage capacity pursuant to Section 2(r)), then the Refining Entity(i) Refining’s Minimum Throughput Commitment shall be proportionately reduced to the extent of the difference between the Minimum Throughput Capacity and the amount that the Logistics Entity can effectively throughput in at the Pipelines Terminal (prorated for the portion of the Contract Quarter during which the Minimum Throughput Capacity was unavailable), regardless of whether actual throughput prior to the reduction was below the Minimum Throughput Commitment, and/or its (ii) the Group A Storage Fee shall be reduced by an the amount of $0.4167 per barrel 0.618 and/or the Group B Storage Fee shall be reduced by the amount of $0.50 (which amount amounts shall be adjusted in accordance with the adjustments to the Storage Fee Fees provided for in Sections 2(c2(d), (k) and (l) above, if applicable, and prorated for the portion of the applicable month during which such storage was unavailable) for each barrel less than the applicable Minimum Storage Capacity that the Logistics Entity is unable to terminal store at the Tankage regardless of whether the Refining Entity actually used such storage capacity. At such time as the Logistics Entity is capable of throughputting volumes equal to the full Minimum Throughput Capacity Commitment or terminalling storing HOU02:1274125 - 20 - volumes equal to the applicable Minimum Storage Capacity, as applicable, the Refining EntityRefining’s obligation to throughput the full Minimum Throughput Commitment and to pay the full Storage Fee Fees shall be restored. If for any reason, including, without limitation, a Force Majeure event, the throughput of the Pipelines Terminal or storage capacity of the Tankage should fall below the Minimum Throughput Capacity or the Minimum Storage Capacity, respectively, then with due diligence and dispatch, the Logistics Entity shall make repairs to the Pipelines Terminal and/or the Tankage to restore the capacity of the Pipelines Terminal to that required for throughput of the Minimum Throughput Capacity Commitment and/or the Tankage to that required for terminalling storing of the applicable Minimum Storage Capacity (“Restoration”). Except as provided below in Section 8(c), all of such Restoration shall be at the Logistics Entity’s Logistics’ cost and expense, unless the damage creating the need for such repairs was caused by the negligence or willful misconduct of the Refining EntityRefining, its employees, agents or customers.

Maintenance and Repair Standards. Subject to interruptions for Force Majeure events pursuant to Section 5 and interruptions for routine repair and maintenance consistent with industry standards, the Logistics Entity shall maintain (i) the Pipelines Terminal with sufficient aggregate capacity to throughput a volume of Crude Oil Materials at least equal to the Minimum Throughput Capacity and (ii) the Tankage with a capacity sufficient to store a volume of Crude Oil Materials at least equal to the applicable Minimum Storage Capacity. The Recalibration or strapping of the Tankage will be performed from time to time by Logistics Entity’s upon the reasonable request of Lion or otherwise in accordance with generally accepted industry standards. Logistics’ obligations may be temporarily suspended during the occurrence of, and for the entire duration of, a Force Majeure event or interruptions for routine repair and maintenance consistent with industry standards that prevent the Logistics Entity from providing the Minimum Throughput Capacity or storing the applicable Minimum Storage Capacity. To the extent the Refining Entity Lion is prevented for 30 or more days in any Contract Year from throughputting volumes equal to the full Minimum Throughput Capacity or terminalling storing volumes equal to the applicable Minimum Storage Capacity for reasons of Force Majeure or other interruption of service affecting the facilities or assets of the Logistics Entity(including any reduction in available storage capacity pursuant to Section 2(k)), then the Refining Entitythen, as applicable, (i) Lion’s Minimum Throughput Commitment shall be proportionately reduced to the extent of the difference between the Minimum Throughput Capacity and the amount that the Logistics Entity can effectively throughput in at the Pipelines Terminal (prorated for the portion of the Contract Quarter during which the Minimum Throughput Capacity was unavailable), regardless of whether actual throughput Actual Throughput prior to the reduction was below the Minimum Throughput Commitment, and/or its (ii) the Group A Storage Fee shall be reduced by an the amount of $0.4167 per barrel 0.658, the Group B Storage Fee shall be reduced by the amount of $0.156, and/or the Group C Storage Fee shall be reduced by the amount of $0.964 (which amount amounts shall be adjusted in accordance with the adjustments to the Storage Fee Fees provided for in Sections 2(c), (k2(d) and (li) above, if applicable, and prorated for the portion of the applicable month during which such storage was unavailable) for each barrel less than the applicable Minimum Storage Capacity that the Logistics Entity is unable to terminal store at the Tankage regardless of whether the Refining Entity Lion actually used such storage capacity. At such time as the Logistics Entity is capable of throughputting volumes equal to the full Minimum Throughput Capacity Commitment or terminalling storing volumes equal to the applicable Minimum Storage Capacity, as applicable, the Refining EntityLion’s obligation to throughput the full Minimum Throughput Commitment and to pay the full Storage Fee Fees shall be restored. If for any reason, including, without limitation, a Force Majeure event, the throughput of the Pipelines Terminal or storage capacity of the Tankage should fall below the Minimum Throughput Capacity or the Minimum Storage Capacity, respectively, then with due diligence and dispatch, the Logistics Entity shall make repairs to the Pipelines Terminal and/or the Tankage to restore the capacity of the Pipelines Terminal to that required for throughput of the Minimum Throughput Capacity Commitment and/or the Tankage to that required for terminalling storing of the applicable Minimum Storage Capacity (“Restoration”). Except as provided below in Section 8(c10(c), all of such Restoration shall be at the Logistics Entity’s Logistics’ cost and expense, unless the damage creating the need for such repairs was caused by the negligence or willful misconduct of the Refining EntityLion, its employees, agents or customers.

Maintenance and Repair Standards. Subject to Force Majeure and interruptions for routine repair and maintenance consistent with customary terminal and pipeline industry standards, the Logistics Entity shall maintain as applicable, Delek-Big Sandy shxxx xaintain (i) the Pipelines Pipeline in a condition and with a capacity sufficient aggregate to ship a volume of Delek Refining’s Products at least equal to the Minimum Pipeline Capacity and (ii) the Terminal in a condition and with a capacity sufficient to throughput a volume of Crude Oil Delek Refining’s Products at least equal to the Minimum Throughput Capacity and (ii) the Tankage with a capacity sufficient to store a volume of Crude Oil Delek Refining’s Products at least equal to the Minimum Storage Capacity. The Logistics EntityDelek-Big Sandy’s obligations may be temporarily suspended during the occurrence of, and for the entire duration of, a Force Majeure or interruptions for routine repair and maintenance consistent with industry standards that prevent the Logistics Entity from providing prevents Delek-Big Sandy frxx xxansporting the Minimum Throughput Pipeline Capacity, terminalling the Minimum Terminalling Capacity or storing the Minimum Storage Capacity. To the extent the Delek Refining Entity is prevented for 30 or more days in any Contract Year from throughputting transporting volumes equal to the full Minimum Throughput Capacity or Pipeline Capacity, terminalling volumes equal to the full Minimum Terminalling Capacity or using the Minimum Storage Capacity for reasons of Force Majeure or other interruption of service affecting the facilities or assets of the Logistics EntityFacilities (including any reduction in available storage capacity pursuant to Section 3(c)(ii)), then the Refining EntityDelek Refining’s (i) Minimum Pipeline Throughput Commitment shall be proportionately reduced to the extent of the difference between the Minimum Throughput Pipeline Capacity and the amount that Delek Refining can effectively ship on the Logistics Entity Pipeline (prorated for the portion of the Contract Quarter during which the Minimum Pipeline Capacity was unavailable) regardless of whether the actual shipments prior to the reduction were below the Minimum Pipeline Throughput Commitment, (ii) Minimum Terminalling Throughput Commitment shall be proportionately reduced to the extent of the difference between the Minimum Terminalling Capacity and the amount that Delek Refining can effectively throughput in at the Pipelines Terminal (prorated for the portion of the Contract Quarter during which the Minimum Throughput Capacity was unavailable), ) regardless of whether the actual throughput prior to the reduction was below the Minimum Terminalling Throughput Commitment, and/or its and (iii) the Storage Fee shall be reduced by an amount of $0.4167 [0.57] per barrel (which amount shall be adjusted in accordance with the adjustments to the Storage Fee provided for in Sections 2(c3(d), (k) 5 and (l8(a) above, if applicable, and prorated for the portion of the applicable month during which such storage was unavailable) for each barrel less than the Minimum Storage Capacity that the Logistics Entity Delek-Big Sandy is unable xxxxle to terminal store at the Tankage Terminal, regardless of whether the Delek Refining Entity actually used such storage capacity. At such time as the Logistics Entity Delek-Big Sandy is capable xxxxble of throughputting transporting volumes equal to the full Minimum Throughput Capacity or Pipeline Capacity, terminalling volumes equal to the Minimum Terminalling Capacity or using the Minimum Storage Capacity, as applicable, the Refining EntityDelek Refining’s obligation to throughput the full Minimum Throughput Commitment and to pay the full Storage Fee shall be restored. If for any reason, including, without limitation, a Force Majeure event, the throughput transportation capacity of the Pipelines Pipeline should fall below the Minimum Pipeline Capacity or the throughput or storage capacity of the Tankage Terminal should fall below the Minimum Throughput Terminalling Capacity or the Minimum Storage Capacity, respectively, then with due diligence and dispatch, the Logistics Entity shall make Delek-Big Sandy shxxx xake repairs to the Pipelines and/or the Tankage Facilities, as applicable, to restore the capacity of the Pipelines Facilities to that required for shipment and throughput of the Minimum Throughput Capacity and/or the Tankage to that required for terminalling of Commitment or using the Minimum Storage Capacity (“Restoration”). Except as provided below in Section 8(c25(c), all of such Restoration shall be at the Logistics EntityDelek-Big Sandy’s cost and expense, unless the damage creating the need for such repairs was caused by the negligence or willful misconduct of the Refining EntityDelek Refining, its employees, agents or customers.

Maintenance and Repair Standards. Subject to Force Majeure and interruptions for planned repair and maintenance scheduled in advance and other routine repair and maintenance consistent with industry standards, the Logistics Entity Partnership Parties shall maintain (i) the Pipelines Magnolia Pipeline with sufficient aggregate capacity to throughput a volume of Crude Oil at least equal to the Magnolia Pipeline Minimum Throughput Capacity and Capacity, (ii) the Tankage El Dorado Crude Pipeline with a sufficient aggregate capacity sufficient to store throughput a volume of Crude Oil at least equal to the El Dorado Crude Pipeline Minimum Storage Throughput Capacity, (iii) the Diesel Pipeline with sufficient aggregate capacity to throughput a volume of Crude Oil at least equal to the Diesel Pipeline Minimum Throughput Capacity and (iv) the Gasoline Pipeline with sufficient capacity to throughput a volume of Crude Oil at least equal to the Gasoline Pipeline Minimum Throughput Capacity. The Logistics Entity’s Partnership Parties’ obligations may be temporarily suspended during the occurrence of, and for the entire duration of, a Force Majeure or interruptions for routine repair and maintenance consistent with industry standards that prevent the Logistics Entity Partnership Parties from providing the applicable Minimum Throughput Capacity or storing the Minimum Storage Capacity. To the extent the Refining Entity Company is prevented for 30 or more days in any Contract Year from (i) throughputting volumes on the Magnolia Pipeline equal to the full Magnolia Pipeline Minimum Throughput Capacity or terminalling and (ii) throughputting volumes on the Lion Crude Pipelines equal to at least the Lion Crude Minimum Storage Capacity Throughput Commitment for reasons of Force Majeure or other interruption of service affecting the facilities or assets of the Logistics EntityPartnership Parties, then the Refining Entity’s Lion Crude Minimum Throughput Commitment shall be proportionately reduced to the extent of the difference between the Lion Crude Minimum Throughput Capacity and the amount that the Logistics Entity Partnership Parties can effectively throughput in the Lion Crude Pipelines (prorated for the portion of the Contract Quarter during which the Lion Crude Minimum Throughput Capacity was unavailable), ) regardless of whether actual throughput prior to the reduction was below the Minimum Throughput Commitment, and/or its Storage Fee shall be reduced by an amount of $0.4167 per barrel (which amount shall be adjusted in accordance with the adjustments to the Storage Fee provided for in Sections 2(c), (k) and (l) above, if applicable, and prorated for the portion of the applicable month during which such storage was unavailable) for each barrel less than the Minimum Storage Capacity that the Logistics Entity is unable to terminal at the Tankage regardless of whether the Refining Entity actually used such storage capacity. At such time as the Logistics Entity is capable of throughputting volumes equal to the full Minimum Throughput Capacity or terminalling volumes equal to the Minimum Storage Capacity, as applicable, the Refining Entity’s obligation to throughput the full Minimum Throughput Commitment and to pay the full Storage Fee shall be restored. If for any reason, including, without limitation, a Force Majeure event, the throughput of the Pipelines or storage capacity of the Tankage should fall below the Minimum Throughput Capacity or the Minimum Storage Capacity, respectively, then with due diligence and dispatch, the Logistics Entity shall make repairs to the Pipelines and/or the Tankage to restore the capacity of the Pipelines to that required for throughput of the Minimum Throughput Capacity and/or the Tankage to that required for terminalling of the Minimum Storage Capacity (“Restoration”). Except as provided below in Section 8(c), all of such Restoration shall be at the Logistics Entity’s cost and expense, unless the damage creating the need for such repairs was caused by the negligence or willful misconduct of the Refining Entity, its employees, agents or customers.Lion Crude

Maintenance and Repair Standards. Subject to interruptions for Force Majeure events pursuant to Section 4 and interruptions for routine repair and maintenance consistent with industry standards, the Logistics Entity shall maintain (i) the Pipelines Rail Offloading Facility with sufficient aggregate capacity to offload and throughput a volume of Crude Oil Materials at least equal to the Minimum Throughput Capacity and (ii) the Tankage with a capacity sufficient to store a volume of Crude Oil at least equal to the Minimum Storage Capacity. The Logistics Entity’s shall be under no obligation hereunder to maintain the tracks, locomotives or railcars. Logistics’ obligations may be temporarily suspended during the occurrence of, and for the entire duration of, a Force Majeure event or interruptions for routine repair and maintenance consistent - 18 - with industry standards that prevent the Logistics Entity from providing the Minimum Throughput Capacity or storing the Minimum Storage Capacity. To the extent the Refining Entity XXXX is prevented for 30 or more days in any Contract Year from throughputting delivering volumes for offload and throughput equal to the full Minimum Throughput Capacity or terminalling volumes equal to the Minimum Storage Capacity for reasons of Force Majeure or other interruption of service (but not including interruptions of service due to a default by Lion or XXXX under this Agreement), in each case to the extent affecting the facilities or assets of the Logistics EntityLogistics, then the Refining Entity’s Minimum Quarterly Throughput Commitment Payment shall be proportionately reduced calculated as follows: This reduction to the extent of the difference between the Minimum Quarterly Throughput Capacity and the amount that the Logistics Entity can effectively throughput in the Pipelines (prorated for the portion of the Contract Quarter during which the Minimum Throughput Capacity was unavailable), Payment occurs regardless of whether actual throughput prior to the reduction was below the Minimum Throughput Commitment, and/or its Storage Fee shall be reduced by an amount of $0.4167 per barrel (which amount shall be adjusted in accordance with the adjustments to the Storage Fee provided for in Sections 2(c), (k) and (l) above, if applicable, and prorated for the portion of the applicable month during which such storage was unavailable) for each barrel less than the Minimum Storage Capacity that the Logistics Entity is unable to terminal at the Tankage regardless of whether the Refining Entity actually used such storage capacityCapacity. At such time as the Logistics Entity is capable of offloading and throughputting volumes equal to the full Minimum Throughput Capacity or terminalling volumes equal to the Minimum Storage Capacityfor an entire Month, as applicable, the Refining Entity’s XXXX’x obligation to throughput make the full Minimum Quarterly Throughput Commitment and to pay the full Storage Fee Payment shall be restored. If for any reason, including, without limitation, a Force Majeure event, the throughput of the Pipelines or storage capacity of the Tankage Rail Offloading Facility should fall below the Minimum Throughput Capacity or Capacity, (i) such failure, in and of itself, shall not be deemed a breach of this Agreement, (ii) subject to Section 5(b), XXXX’x sole remedy will be for an adjustment to the Minimum Storage CapacityQuarterly Throughput payment and (iii) Logistics shall, respectively, then with due diligence and dispatch, the Logistics Entity shall make repairs to the Pipelines and/or the Tankage Rail Offloading Facility to restore the capacity of the Pipelines Rail Offloading Facility to that required for throughput of the Minimum Throughput Capacity and/or the Tankage to that required for terminalling of the Minimum Storage Capacity (“Restoration”). Except as provided below in Section 8(c9(c), all of such Restoration shall be at the Logistics Entity’s Logistics’ cost and expense, unless the damage creating the need for such repairs was caused by the negligence or willful misconduct of the Refining EntityXXXX, its employees, agents or customers.

Maintenance and Repair Standards. Subject to Force Majeure and interruptions for routine repair and maintenance maintenance, consistent with customary terminal industry standards, the Logistics Entity WRT shall maintain (i) the Pipelines each Terminal in a condition and with a capacity sufficient aggregate capacity to throughput a volume of Crude Oil WNR’s products at least equal to the respective Minimum Throughput Capacity and (ii) the Tankage with a capacity sufficient to store a volume of Crude Oil at least equal to the Minimum Storage CapacityCommitments for such Terminal. The Logistics EntityWRT’s obligations may be temporarily suspended during the occurrence of, and for the entire duration of, a Force Majeure or interruptions for routine repair and maintenance consistent with industry standards other interruption of service that prevent the Logistics Entity prevents WRT from providing terminalling the Minimum Throughput Capacity or storing the Minimum Storage CapacityCommitments hereunder. To the extent the Refining Entity WRT is prevented for 30 or more days in any Contract Year from throughputting terminalling volumes equal to the full Minimum Throughput Capacity or terminalling volumes equal to the Minimum Storage Capacity Commitments for reasons of Force Majeure or other interruption of service affecting the facilities or assets of the Logistics Entityservice, then the Refining EntityWNR’s Minimum Throughput Commitment shall be proportionately reduced obligation to the extent of the difference between throughput the Minimum Throughput Capacity Commitments and the amount that the Logistics Entity can effectively throughput in the Pipelines (prorated for the portion of the Contract Quarter during which the Minimum Throughput Capacity was unavailable), regardless of whether actual throughput prior to the reduction was below the Minimum Throughput Commitment, and/or its Storage Fee pay any Shortfall Payment shall be reduced by an amount of $0.4167 per barrel (which amount shall be adjusted in accordance with the adjustments to the Storage Fee provided for in Sections 2(c), (k) and (l) above, if applicable, and prorated for the portion of the applicable month during which such storage was unavailable) for each barrel less than the Minimum Storage Capacity that the Logistics Entity is unable to terminal at the Tankage regardless of whether the Refining Entity actually used such storage capacityproportionately. At such time as the Logistics Entity WRT is capable of throughputting volumes equal to the full Minimum Throughput Capacity or terminalling volumes equal to the Minimum Storage CapacityCommitments, as applicable, the Refining EntityWNR’s obligation to store or throughput the full Minimum Throughput Commitment and to pay the full Storage Fee these amounts shall be restored. If If, for any reason, including, without limitation, a Force Majeure event, the throughput of the Pipelines or storage capacity of the Tankage any Terminal should fall below the Minimum Throughput Capacity or the Minimum Storage Capacity, respectivelythat required by WNR for that Terminal, then with due diligence and dispatchwithin a reasonable period of time after the commencement of such reduction, the Logistics Entity WRT shall make repairs to the Pipelines and/or the Tankage Terminal to restore the Terminal to the storage or throughput capacity of the Pipelines to that required for throughput of the Minimum Throughput Capacity and/or the Tankage to that required for terminalling of the Minimum Storage Capacity by WNR (“Restoration”). Except as provided below in Section 8(c)31.3 and 31.4, all of such Restoration shall TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). be at the Logistics EntityWRT’s cost and expense, unless the damage creating the need for such repairs was caused by the negligence or willful misconduct of the Refining EntityWNR, its employees, agents agents, representatives or customers.

Maintenance and Repair Standards. Subject to Force Majeure and interruptions for routine repair and maintenance maintenance, consistent with customary terminal industry standards, the Logistics Entity WRT shall maintain (i) the Pipelines each Terminal Facility in a condition and with a capacity sufficient aggregate capacity to throughput a volume of Crude Oil SPPR’s Products at least equal to the respective Minimum Throughput Capacity and (ii) the Tankage with a capacity sufficient to store a volume of Crude Oil at least equal to the Minimum Storage CapacityCommitments for such Terminal Facility. The Logistics EntityWRT’s obligations may be temporarily suspended during the occurrence of, and for the entire duration of, a Force Majeure or interruptions for routine repair and maintenance consistent with industry standards other interruption of service that prevent the Logistics Entity prevents WRT from providing terminalling the Minimum Throughput Capacity or storing the Minimum Storage CapacityCommitments hereunder. To the extent the Refining Entity WRT is prevented for 30 or more days in any Contract Year from throughputting terminalling volumes equal to the full Minimum Throughput Capacity or terminalling volumes equal to the Minimum Storage Capacity Commitments for reasons of Force Majeure or other interruption of service affecting the facilities or assets of the Logistics Entityservice, then the Refining EntitySPPR’s Minimum Throughput Commitment shall be proportionately reduced obligation to the extent of the difference between throughput the Minimum Throughput Capacity Commitments and the amount that the Logistics Entity can effectively throughput in the Pipelines (prorated for the portion of the Contract Quarter during which the Minimum Throughput Capacity was unavailable), regardless of whether actual throughput prior to the reduction was below the Minimum Throughput Commitment, and/or its Storage Fee pay any Shortfall Payment shall be reduced by an amount of $0.4167 per barrel (which amount shall be adjusted in accordance with the adjustments to the Storage Fee provided for in Sections 2(c), (k) and (l) above, if applicable, and prorated for the portion of the applicable month during which such storage was unavailable) for each barrel less than the Minimum Storage Capacity that the Logistics Entity is unable to terminal at the Tankage regardless of whether the Refining Entity actually used such storage capacityproportionately. At such time as the Logistics Entity WRT is capable of throughputting volumes equal to the full Minimum Throughput Capacity or terminalling volumes equal to the Minimum Storage CapacityCommitments, as applicable, the Refining EntitySPPR’s obligation to store or throughput the full Minimum Throughput Commitment and to pay the full Storage Fee Commitments shall be restored. If If, for any reason, including, without limitation, a Force Majeure event, the throughput of the Pipelines or TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH THREE ASTERISKS (***). storage capacity of the Tankage any Terminal Facility should fall below the Minimum Throughput Capacity or the Minimum Storage Capacity, respectivelythat required by SPPR for that Terminal Facility, then with due diligence and dispatchwithin a reasonable period of time after the commencement of such reduction, the Logistics Entity WRT shall make repairs to the Pipelines and/or the Tankage Terminal Facility to restore the Terminal Facility to the storage and throughput capacity of the Pipelines to that required for throughput of the Minimum Throughput Capacity and/or the Tankage to that required for terminalling of the Minimum Storage Capacity by SPPR (“Restoration”). Except as provided below in Section 8(c)30.3 and 30.4, all of such Restoration shall be at the Logistics EntityWRT’s cost and expense, unless the damage creating the need for such repairs was caused by the negligence or willful misconduct of the Refining EntitySPPR, its Carriers, agents, representatives or customers or any of their respective employees, agents or customers.

Maintenance and Repair Standards. Subject to Force Majeure and interruptions for planned repair and maintenance scheduled in advance and other routine repair and maintenance consistent with industry standards, the Logistics Entity Partnership Parties shall maintain (i) the Pipelines Magnolia Pipeline with sufficient aggregate capacity to throughput a volume of Crude Oil at least equal to the Magnolia Pipeline Minimum Throughput Capacity and Capacity, (ii) the Tankage El Dorado Crude Pipeline with a sufficient aggregate capacity sufficient to store throughput a volume of Crude Oil at least equal to the El Dorado Crude Pipeline Minimum Storage Throughput Capacity, (iii) the Diesel Pipeline with sufficient aggregate capacity to throughput a volume of Crude Oil at least equal to the Diesel Pipeline Minimum Throughput Capacity and (iv) the Gasoline Pipeline with sufficient capacity to throughput a volume of Crude Oil at least equal to the Gasoline Pipeline Minimum Throughput Capacity. The Logistics Entity’s Partnership Parties’ obligations may be temporarily suspended during the occurrence of, and for the entire duration of, a Force Majeure or interruptions for routine repair and maintenance consistent with industry standards that prevent the Logistics Entity Partnership Parties from providing the applicable Minimum Throughput Capacity or storing the Minimum Storage Capacity. To the extent the Refining Entity Company is prevented for 30 or more days in any Contract Year from (i) throughputting volumes on the Magnolia Pipeline equal to the full Magnolia Pipeline Minimum Throughput Capacity or terminalling and (ii) throughputting volumes on the Lion Crude Pipelines equal to at least the Lion Crude Minimum Storage Capacity Throughput Commitment for reasons of Force Majeure or other interruption of service affecting the facilities or assets of the Logistics EntityPartnership Parties, then the Refining Entity’s Lion Crude Minimum Throughput Commitment shall be proportionately reduced to the extent of the difference between the Lion Crude Minimum Throughput Capacity and the amount that the Logistics Entity Partnership Parties can effectively throughput in the Lion Crude Pipelines (prorated for the portion of the Contract Quarter during which the Lion Crude Minimum Throughput Capacity was unavailable), ) regardless of whether actual throughput prior to the reduction was below the Lion Crude Minimum Throughput Commitment. To the extent the Company is prevented for 30 or more days in any Contract Year from (i) throughputting volumes on the El Dorado Crude Pipeline equal to at least the El Dorado Crude Pipeline Minimum Throughput Capacity or (ii) throughputting volumes on the Products Pipeline equal to at least the Products Minimum Throughput Commitment for reasons of Force Majeure or other interruption of service affecting the facilities or assets of the Partnership Parties, and/or its Storage Fee then the applicable Minimum Throughput Commitment shall be proportionately reduced by an amount of $0.4167 per barrel (which amount shall be adjusted in accordance with the adjustments to the Storage Fee provided for extent of the difference between the applicable Minimum Throughput Capacity and the amount that the Partnership Parties can effectively throughput in Sections 2(c), such Pipelines (k) and (l) above, if applicable, and prorated for the portion of the applicable month Contract Quarter during which such storage the applicable Minimum Throughput Capacity was unavailable) for each barrel less than the Minimum Storage Capacity that the Logistics Entity is unable to terminal at the Tankage regardless of whether actual throughput amounts prior to the Refining Entity actually used such storage capacityreduction were below the applicable Minimum Throughput Commitments. At such time as the Logistics Entity is Partnership Parties are capable of throughputting volumes equal to the full applicable Minimum Throughput Capacity or terminalling volumes equal to the Minimum Storage Capacity, as applicable, the Refining EntityCompany’s obligation to throughput the full applicable Minimum Throughput Commitment and to pay the full Storage Fee shall be restored. If for any reason, including, without limitation, a Force Majeure event, the throughput of the Pipelines or storage capacity of the Tankage should fall below the applicable Minimum Throughput Capacity or the Minimum Storage Capacity, respectively, then with due diligence and dispatch, the Logistics Entity Partnership Parties shall make repairs to the Pipelines and/or the Tankage to restore the capacity of the Pipelines to that required for throughput of the applicable Minimum Throughput Capacity and/or the Tankage to that required for terminalling of the Minimum Storage Capacity (“Restoration”). Except as provided below in Section 8(c)6.3, all of such Restoration shall be at the Logistics Entity’s Partnership Parties’ cost and expense, unless the damage creating the need for such repairs was caused by the negligence or willful misconduct of the Refining EntityCompany, its employees, agents or customers. The Partnership Parties shall maintain the Gathering System and the Rail Pipeline in good working order.

Maintenance and Repair Standards. Subject to Force Majeure and interruptions for routine repair and maintenance maintenance, consistent with customary terminal industry standards, the Logistics Entity WRT TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). shall maintain (i) the Pipelines each Terminal in a condition and with a capacity sufficient aggregate capacity to throughput a volume of Crude Oil WNR’s products at least equal to the respective Minimum Throughput Capacity and (ii) the Tankage with a capacity sufficient to store a volume of Crude Oil at least equal to the Minimum Storage CapacityCommitments for such Terminal. The Logistics EntityWRT’s obligations may be temporarily suspended during the occurrence of, and for the entire duration of, a Force Majeure or interruptions for routine repair and maintenance consistent with industry standards other interruption of service that prevent the Logistics Entity prevents WRT from providing terminalling the Minimum Throughput Capacity or storing the Minimum Storage CapacityCommitments hereunder. To the extent the Refining Entity WRT is prevented for 30 or more days in any Contract Year from throughputting terminalling volumes equal to the full Minimum Throughput Capacity or terminalling volumes equal to the Minimum Storage Capacity Commitments for reasons of Force Majeure or other interruption of service affecting the facilities or assets of the Logistics Entityservice, then the Refining EntityWNR’s Minimum Throughput Commitment shall be proportionately reduced obligation to the extent of the difference between throughput the Minimum Throughput Capacity Commitments and the amount that the Logistics Entity can effectively throughput in the Pipelines (prorated for the portion of the Contract Quarter during which the Minimum Throughput Capacity was unavailable), regardless of whether actual throughput prior to the reduction was below the Minimum Throughput Commitment, and/or its Storage Fee pay any Shortfall Payment shall be reduced by an amount of $0.4167 per barrel (which amount shall be adjusted in accordance with the adjustments to the Storage Fee provided for in Sections 2(c), (k) and (l) above, if applicable, and prorated for the portion of the applicable month during which such storage was unavailable) for each barrel less than the Minimum Storage Capacity that the Logistics Entity is unable to terminal at the Tankage regardless of whether the Refining Entity actually used such storage capacityproportionately. At such time as the Logistics Entity WRT is capable of throughputting volumes equal to the full Minimum Throughput Capacity or terminalling volumes equal to the Minimum Storage CapacityCommitments, as applicable, the Refining EntityWNR’s obligation to store or throughput the full Minimum Throughput Commitment and to pay the full Storage Fee these amounts shall be restored. If If, for any reason, including, without limitation, a Force Majeure event, the throughput of the Pipelines or storage capacity of the Tankage any Terminal should fall below the Minimum Throughput Capacity or the Minimum Storage Capacity, respectivelythat required by WNR for that Terminal, then with due diligence and dispatchwithin a reasonable period of time after the commencement of such reduction, the Logistics Entity WRT shall make repairs to the Pipelines and/or the Tankage Terminal to restore the Terminal to the storage or throughput capacity of the Pipelines to that required for throughput of the Minimum Throughput Capacity and/or the Tankage to that required for terminalling of the Minimum Storage Capacity by WNR (“Restoration”). Except as provided below in Section 8(c)31.3 and 31.4, all of such Restoration shall be at the Logistics EntityWRT’s cost and expense, unless the damage creating the need for such repairs was caused by the negligence or willful misconduct of the Refining EntityWNR, its employees, agents agents, representatives or customers.