Common use of Replacement Index Clause in Contracts

Replacement Index. (a) Except as expressly set forth in Exhibit D, in the event that (i) the Platts Index Page ceases to exist or contain any of the data necessary to determine the Product Price in question for a Product, (ii) the Platts Index Page changes the basis for the determination of any of such data in a manner that is adverse to either of the Parties or (iii) there is a variation in the Products and the Platts Index Page does not publish a price for such Product, then the Product Price in question shall be based on such alternative publication, index or manner as most closely approximates the pricing methods then adopted by firms in the refining and marketing industry for deliveries at locations near the Delivery Point and as reasonably acceptable to both ▇▇▇▇▇ and ▇▇▇▇▇▇▇▇. In the event that no agreement is reached regarding an alternative pricing method in such a situation, then the matter shall be referred to an Expert for determination in accordance with Section 10.3. (b) The Parties acknowledge this is a long-term refined products supply agreement and it is their intent for this Agreement to continue to apply if the Products listed in Exhibit A are no longer produced at the Tulsa Refinery during the term of this Agreement as a result of market changes, changes in Law or other factors. If as a result of market changes, changes in Law or other factors, all or part of the Products listed in Exhibit A are no longer produced at the Tulsa Refinery, then the Parties agree that the new refined products produced at the Tulsa Refinery shall be made available for delivery to ▇▇▇▇▇▇▇▇ and this Agreement shall continue to apply to such new refined products. If the Parties are unable to agree on the pricing and other arrangements for such new refined products, then the matter shall be referred to an Expert for determination in accordance with Section 10.3. Nothing in this Section 3.6(b) shall affect or diminish in any way the rights of the Parties pursuant to Article VII.

Replacement Index. (a) Except as expressly set forth in Exhibit DIf, in the event that (i) the Platts Index Page ceases to exist or contain for any reason, any of the data necessary indexes specified on Exhibit C should cease to determine the Product Price in question for a Productbe published, (ii) the Platts Index Page changes the basis for the determination of any of such data in a manner that is adverse to either of the Parties or (iii) there is agree to promptly and in good faith negotiate a variation in the Products and the Platts Index Page does not publish a price for such Product, then the Product Price in question shall be based on such mutually acceptable alternative publication, index or manner as most closely approximates substitute methodology for calculating the pricing methods then adopted by firms in applicable Purchase Price (the refining and marketing industry for deliveries at locations near “Alternative Index”). If, on or before 30 days after the Delivery Point and as reasonably acceptable applicable index ceases to both ▇▇▇▇▇ and ▇▇▇▇▇▇▇▇. In be published, the event that no agreement is reached regarding Parties are unable to agree on an alternative pricing method in such a situationAlternative Index, then the matter shall be referred to an Expert for determination in accordance with Section 10.311.13. (b) The Parties acknowledge this is a long-term refined products supply agreement and it is their intent for this Agreement to continue to apply if the Products listed in on Exhibit A are no longer produced at the Tulsa Trenton Refinery during the term of this Agreement as a result of market changes, changes in Law or other factors. If as a result of market changes, changes in Law or other factors, all or part of the Products listed in on Exhibit A are no longer produced at the Tulsa Trenton Refinery, then the Parties agree that the new refined products produced at the Tulsa Trenton Refinery shall be made available for delivery to ▇▇▇▇▇▇▇▇ Calumet and this Agreement shall continue to apply to such new refined products. If the Parties are unable to agree on the pricing and other arrangements for such new refined products, then the matter shall be referred to an Expert for determination in accordance with Section 10.311.13. Nothing in this Section 3.6(b3.5(b) shall affect or diminish in any way the rights of the Parties pursuant to Article VII.

Replacement Index. (a) Except as expressly set forth in Exhibit D, in the event that (i) the Platts Index Page ceases to exist or contain any of the data necessary to determine the Product Price in question for a Product, (ii) the Platts Index Page changes the basis for the determination of any of such data in a manner that is adverse to either of the Parties or (iii) there is a variation in the Products and the Platts Index Page does not publish a price for such Product, then the Product Price in question shall be based on such alternative publication, index or manner as most closely approximates the pricing methods then adopted by firms in the refining and marketing industry for deliveries at locations near the Delivery Point and as reasonably acceptable to both ▇▇▇▇▇ and ▇▇▇▇▇▇▇▇Sinclair. In the event that no agreement is reached regarding an alternative pricing method in such a situation, then the matter shall be referred to an Expert for determination in accordance with Section 10.3. (b) The Parties acknowledge this is a long-term refined products supply agreement and it is their intent for this Agreement to continue to apply if the Products listed in Exhibit A are no longer produced at the Tulsa Refinery during the term of this Agreement as a result of market changes, changes in Law or other factors. If as a result of market changes, changes in Law or other factors, all or part of the Products listed in Exhibit A are no longer produced at the Tulsa Refinery, then the Parties agree that the new refined products produced at the Tulsa Refinery shall be made available for delivery to ▇▇▇▇▇▇▇▇ and this Agreement shall continue to apply to such new refined products. If the Parties are unable to agree on the pricing and other arrangements for such new refined products, then the matter shall be referred to an Expert for determination in accordance with Section 10.3. Nothing in this Section 3.6(b) shall affect or diminish in any way the rights of the Parties pursuant to Article VII.