Common use of Right to Enter into a New Agreement Clause in Contracts

Right to Enter into a New Agreement. (a) In the event that Xxxxx Tulsa provides prior written notice to HEP Tulsa and HEP Storage-Tulsa of the desire of Xxxxx Tulsa to extend this Agreement by written mutual agreement of the Parties, the Parties shall negotiate in good faith to extend this Agreement by written mutual agreement, but, if such negotiations fail to produce a written mutual agreement for extension by a date six months prior to the termination date, then HEP Tulsa and HEP Storage-Tulsa shall have the right to negotiate to enter into one or more pipelines, tankage and loading agreements with one or more third parties to begin after the date of termination; provided, however, that until the end of one year following termination without renewal of this Agreement, Xxxxx Tulsa will have the right to enter into a new pipelines, tankage and loading agreement with HEP Tulsa or HEP Storage-Tulsa on commercial terms that substantially match the terms upon which HEP Tulsa or HEP Storage-Tulsa, as applicable, propose to enter into an agreement with a third party for similar services with respect to all or a material portion of the Group 1 Assets or the Group 2 Assets or the Interconnecting Pipelines. In such circumstances, HEP Tulsa or HEP Storage-Tulsa, as applicable, shall give Xxxxx Tulsa forty-five (45) days prior written notice of any proposed new pipelines, tankage and loading agreement with a third party, and such notice shall inform Xxxxx Tulsa of the fee schedules, tariffs, duration and any other terms of the proposed third party agreement and Xxxxx Tulsa shall have forty-five (45) days following receipt of such notice to agree to the terms specified in the notice or Xxxxx Tulsa shall lose the rights specified by this Section 7(a) with respect to the assets that are the subject of such notice.

Right to Enter into a New Agreement. (a) In the event that Xxxxx Tulsa Frontier Cheyenne provides prior written notice to HEP Tulsa and HEP Storage-Tulsa Cheyenne Logistics of the desire of Xxxxx Tulsa Frontier Cheyenne to extend this Agreement by written mutual agreement of the Parties, the Parties shall negotiate in good faith to extend this Agreement by written mutual agreement, but, if such negotiations fail to produce a written mutual agreement FIRST AMENDED AND RESTATED TANKAGE, LOADING RACK AND CRUDE OIL RECEIVING THROUGHPUT AGREEMENT (CHEYENNE) for extension by a date six months prior to the termination date, then HEP Tulsa and HEP Storage-Tulsa Cheyenne Logistics shall have the right to negotiate to enter into one or more pipelinescrude oil receiving, tankage and loading agreements with one or more third parties to begin after the date of termination; provided, however, that until the end of one year following termination without renewal of this Agreement, Xxxxx Tulsa Frontier Cheyenne will have the right to enter into a new pipelinescrude oil receiving, tankage and loading agreement with HEP Tulsa or HEP Storage-Tulsa Cheyenne Logistics on commercial terms that substantially match the terms upon which HEP Tulsa or HEP Storage-Tulsa, as applicable, propose Cheyenne Logistics proposes to enter into an agreement with a third party for similar services with respect to all or a material portion of the Group 1 Assets or the Group 2 Assets or the Interconnecting PipelinesCheyenne Assets. In such circumstances, HEP Tulsa or HEP Storage-Tulsa, as applicable, Cheyenne Logistics shall give Xxxxx Tulsa Frontier Cheyenne forty-five (45) days prior written notice of any proposed new pipelinescrude oil receiving, tankage and loading agreement with a third party, and such notice shall inform Xxxxx Tulsa Frontier Cheyenne of the fee schedules, tariffs, duration and any other terms of the proposed third party agreement and Xxxxx Tulsa Frontier Cheyenne shall have forty-five (45) days following receipt of such notice to agree to the terms specified in the notice or Xxxxx Tulsa Frontier Cheyenne shall lose the rights specified by this Section 7(a) with respect to the assets that are the subject of such notice.

Right to Enter into a New Agreement. (a) In the event that Xxxxx Tulsa provides prior written notice to HEP Tulsa and HEP Storage-Tulsa of the desire of Xxxxx Tulsa to extend this Agreement by written mutual agreement of the Parties, the Parties shall negotiate in good faith to extend this Agreement by written mutual agreement, but, if such negotiations fail to produce a written mutual agreement for extension by a date six months prior to the termination date, then HEP Tulsa and HEP Storage-Tulsa shall have the right to negotiate to enter into one or more pipelines, tankage and loading agreements with one or more third parties to begin after the date of termination; provided, however, that until the end of one year following termination without renewal of this Agreement, Xxxxx Tulsa will have the right to enter into a new pipelines, tankage and loading agreement with HEP Tulsa or HEP Storage-Tulsa on commercial terms that substantially match the terms upon which HEP Tulsa or HEP Storage-Tulsa, as applicable, propose to enter into an agreement with a First Amended and Pestated Pipelines, Tankage and Loading Rack Throughput Agreement (Tulsa East) third party for similar services with respect to all or a material portion of the Group 1 Assets or the Group 2 Assets or the Interconnecting PipelinesAssets. In such circumstances, HEP Tulsa or HEP Storage-Tulsa, as applicable, shall give Xxxxx Tulsa forty-five (45) days prior written notice of any proposed new pipelines, tankage and loading agreement with a third party, and such notice shall inform Xxxxx Tulsa of the fee schedules, tariffs, duration and any other terms of the proposed third party agreement and Xxxxx Tulsa shall have forty-five (45) days following receipt of such notice to agree to the terms specified in the notice or Xxxxx Tulsa shall lose the rights specified by this Section 7(a) with respect to the assets that are the subject of such notice.

Right to Enter into a New Agreement. (a) In the event that Xxxxx Tulsa Frontier El Dorado provides prior written notice to HEP Tulsa and HEP Storage-Tulsa El Dorado Logistics of the desire of Xxxxx Tulsa Frontier El Dorado to extend this Agreement by written mutual agreement of the Parties, the Parties shall negotiate in good faith to extend this Agreement by written mutual agreement, but, if such negotiations fail to produce a written mutual agreement for extension by a date six months prior to the termination date, then HEP Tulsa and HEP Storage-Tulsa El Dorado Logistics shall have the right to negotiate to enter into one or more pipelinespipeline delivery, tankage and loading FIRST AMENDED AND RESTATED PIPELINE DELIVERY, TANKAGE AND LOADING RACK THROUGHPUT AGREEMENT (EL DORADO) agreements with one or more third parties to begin after the date of termination; provided, however, that until the end of one year following termination without renewal of this Agreement, Xxxxx Tulsa Frontier El Dorado will have the right to enter into a new pipelinespipeline delivery, tankage and loading agreement with HEP Tulsa or HEP Storage-Tulsa El Dorado Logistics on commercial terms that substantially match the terms upon which HEP Tulsa or HEP Storage-Tulsa, as applicable, propose El Dorado Logistics proposes to enter into an agreement with a third party for similar services with respect to all or a material portion of the Group 1 Assets or the Group 2 Assets or the Interconnecting PipelinesEl Dorado Assets. In such circumstances, HEP Tulsa or HEP Storage-Tulsa, as applicable, El Dorado Logistics shall give Xxxxx Tulsa Frontier El Dorado forty-five (45) days prior written notice of any proposed new pipelinespipeline delivery, tankage and loading agreement with a third party, and such notice shall inform Xxxxx Tulsa Frontier El Dorado of the fee schedules, tariffs, duration and any other terms of the proposed third party agreement and Xxxxx Tulsa Frontier El Dorado shall have forty-five (45) days following receipt of such notice to agree to the terms specified in the notice or Xxxxx Tulsa Frontier El Dorado shall lose the rights specified by this Section 7(a) with respect to the assets that are the subject of such notice.

Right to Enter into a New Agreement. (a) In the event that Xxxxx Tulsa Frontier El Dorado provides prior written notice to HEP Tulsa and HEP Storage-Tulsa El Dorado Logistics of the desire of Xxxxx Tulsa Frontier El Dorado to extend this Agreement by written mutual agreement of the Parties, the Parties shall negotiate in good faith to extend this Agreement by written mutual agreement, but, if such negotiations fail to produce a written mutual agreement for extension by a date six months prior to the termination date, then HEP Tulsa and HEP Storage-Tulsa El Dorado Logistics shall have the right to negotiate to enter into one or more pipelinespipeline delivery, tankage and loading agreements with one or more third parties to begin after the date of termination; provided, however, that until the end of one year following termination without renewal of this Agreement, Xxxxx Tulsa Frontier El Dorado will have the right to enter into a new pipelinespipeline delivery, tankage and loading agreement with HEP Tulsa or HEP Storage-Tulsa El Dorado Logistics on commercial terms that substantially match the terms upon which HEP Tulsa or HEP Storage-Tulsa, as applicable, propose El Dorado Logistics proposes to enter into an agreement with a third party for similar services with respect to all or a material portion of the Group 1 Assets or the Group 2 Assets or the Interconnecting PipelinesEl Dorado Assets. In such circumstances, HEP Tulsa or HEP Storage-Tulsa, as applicable, El Dorado Logistics shall give Xxxxx Tulsa Frontier El Dorado forty-five (45) days prior written notice of any proposed new pipelinespipeline delivery, tankage and loading agreement with a third party, and such notice shall inform Xxxxx Tulsa Frontier El Dorado of the fee schedules, tariffs, duration and any other terms of the proposed third party agreement and Xxxxx Tulsa Frontier El Dorado shall have forty-five (45) days following receipt of such notice to agree to the terms specified in the notice or Xxxxx Tulsa Frontier El Dorado shall lose the rights specified by this Section 7(a) with respect to the assets that are the subject of such notice.

Right to Enter into a New Agreement. (a) In the event that Xxxxx Tulsa provides prior written notice to HEP Tulsa and HEP Storage-Tulsa of the desire of Xxxxx Tulsa to extend this Agreement by written mutual agreement of the Parties, the Parties shall negotiate in good faith to extend this Agreement by written mutual agreement, but, if such negotiations fail to produce a written mutual agreement for extension by a date six months prior to the termination date, then HEP Tulsa and HEP Storage-Tulsa shall have the right to negotiate to enter into one or more pipelines, tankage and loading agreements with one or more third parties to begin after the date of termination; provided, however, provided that until the end of one year following termination without renewal of this Agreement, Xxxxx Tulsa will have the right to enter into a new pipelines, tankage and loading agreement with HEP Tulsa or HEP Storage-Tulsa on commercial terms that substantially match the terms upon which HEP Tulsa or HEP Storage-Tulsa, as applicable, propose to enter into an agreement with a third party for similar services with respect to all or a material portion of the Group 1 Assets Pipelines, Tankage, or the Group 2 Assets or the Interconnecting PipelinesLoading Racks. In such circumstances, HEP Tulsa or HEP Storage-Tulsa, as applicable, shall give Xxxxx Tulsa forty-five (45) days prior written notice of any proposed new pipelines, tankage and loading agreement with a third party, and such notice shall inform Xxxxx Tulsa of the fee schedules, tariffs, duration and any other terms of the proposed third party agreement and Xxxxx Tulsa shall have forty-five (45) days following receipt of such notice to agree to the terms specified in the notice or Xxxxx Tulsa shall lose the rights specified by this Section 7(a) with respect to the assets that are the subject of such notice.

Right to Enter into a New Agreement. (a) In the event that Xxxxx Tulsa Refining provides prior written notice to HEP Tulsa and HEP Storage-Tulsa of the desire of Xxxxx Tulsa Refining to extend this Agreement by written mutual agreement of the Parties, the Parties shall negotiate in good faith to extend this Agreement by written mutual agreement, but, if such negotiations fail to produce a written mutual agreement for extension by a date six months prior to the termination date, then HEP Tulsa and HEP Storage-Tulsa shall have the right to negotiate to enter into one or more pipelines, tankage and loading throughput agreements with one or more third parties to begin after the date of termination; provided, however, provided that until the end of one year following termination without renewal of this Agreement, Xxxxx Tulsa Refining will have the right to enter into a new pipelines, tankage and loading throughput agreement with HEP Tulsa or HEP Storage-Tulsa on commercial terms that substantially match the terms upon which HEP Tulsa or HEP Storage-Tulsa, as applicable, propose proposes to enter into an agreement with a third party for similar services with respect to all or a material portion of the Group 1 Assets or the Group 2 Assets or the Interconnecting PipelinesTulsa Loading Racks. In such circumstances, HEP Tulsa or HEP Storage-Tulsa, as applicable, shall give Xxxxx Tulsa Refining forty-five (45) days prior written notice of any proposed new pipelines, tankage and loading throughput agreement with a third party, and such notice shall inform Xxxxx Tulsa Refining of the fee schedules, tariffs, duration and any other terms of the proposed third party agreement and Xxxxx Tulsa Refining shall have forty-five (45) days following receipt of such notice to agree to the terms specified in the notice or Xxxxx Tulsa Refining shall lose the rights specified by this Section 7(a8(a) with respect to the assets that are the subject of such notice.

Right to Enter into a New Agreement. (a) In the event that Xxxxx Tulsa Frontier Cheyenne provides prior written notice to HEP Tulsa and HEP Storage-Tulsa Cheyenne Logistics of the desire of Xxxxx Tulsa Frontier Cheyenne to extend this Agreement by written mutual agreement of the Parties, the Parties shall negotiate in good faith to extend this Agreement by written mutual agreement, but, if such negotiations fail to produce a written mutual agreement for extension by a date six months prior to the termination date, then HEP Tulsa and HEP Storage-Tulsa Cheyenne Logistics shall have the right to negotiate to enter into one or more pipelinescrude oil receiving, tankage and loading agreements with one or more third parties to begin after the date of termination; provided, however, that until the end of one year following termination without renewal of this Agreement, Xxxxx Tulsa Frontier Cheyenne will have the right to enter into a new pipelinescrude oil receiving, tankage and loading agreement with HEP Tulsa or HEP Storage-Tulsa Cheyenne Logistics on commercial terms that substantially match the terms upon which HEP Tulsa or HEP Storage-Tulsa, as applicable, propose Cheyenne Logistics proposes to enter into an agreement with a third party for similar services with respect to all or a material portion of the Group 1 Assets or the Group 2 Assets or the Interconnecting PipelinesCheyenne Assets. In such circumstances, HEP Tulsa or HEP Storage-Tulsa, as applicable, Cheyenne Logistics shall give Xxxxx Tulsa Frontier Cheyenne forty-five (45) days prior written notice of any proposed new pipelinescrude oil receiving, tankage and loading agreement with a third party, and such notice shall inform Xxxxx Tulsa Frontier Cheyenne of the fee schedules, tariffs, duration and any other terms of the proposed third party agreement and Xxxxx Tulsa Frontier Cheyenne shall have forty-five (45) days following receipt of such notice to agree to the terms specified in the notice Tankage, Loading Rack and Crude Oil Receiving Throughput Agreement (Cheyenne) or Xxxxx Tulsa Frontier Cheyenne shall lose the rights specified by this Section 7(a) with respect to the assets that are the subject of such notice.

Right to Enter into a New Agreement. (a) In the event that Xxxxx Tulsa Frontier El Dorado provides prior written notice to HEP Tulsa and HEP Storage-Tulsa El Dorado Logistics of the desire of Xxxxx Tulsa Frontier El Dorado to extend this Agreement by written mutual agreement of the Parties, the Parties shall negotiate in good faith to extend this Agreement by written mutual agreement, but, if such negotiations fail to produce a written mutual agreement for extension by a date six months prior to the termination date, then HEP Tulsa and HEP Storage-Tulsa El Dorado Logistics shall have the right to negotiate to enter into one or more pipelinespipeline delivery, tankage and loading agreements with one or more third parties to begin after the date of termination; provided, however, that until the end of one year following termination without renewal of this Agreement, Xxxxx Tulsa Frontier El Dorado will have the right to enter into a new pipelinespipeline delivery, tankage and loading agreement with HEP Tulsa or HEP Storage-Tulsa El Dorado Logistics on commercial terms that substantially match the terms upon which HEP Tulsa or HEP Storage-Tulsa, as applicable, propose El Dorado Logistics proposes to enter into an agreement with a third party for similar services with respect to all or a material portion of the Group 1 Assets or the Group 2 Assets or the Interconnecting PipelinesEl Dorado Assets. In such circumstances, HEP Tulsa or HEP Storage-Tulsa, as applicable, El Dorado Logistics shall give Xxxxx Tulsa Frontier El Dorado forty-five (45) days prior written notice of any proposed new pipelinespipeline delivery, tankage and loading agreement with a third party, and such notice shall inform Xxxxx Tulsa Frontier El Dorado of the fee schedules, tariffs, duration and any other terms of the proposed third party agreement and Xxxxx Tulsa Frontier El Dorado shall have forty-five (45) days following receipt of such notice to agree to the terms specified in the notice or Xxxxx Tulsa Pipeline Delivery, Tankage and Loading Rack Throughput Agreement (El Dorado) Frontier El Dorado shall lose the rights specified by this Section 7(a) with respect to the assets that are the subject of such notice.