Throughput Agreement Sample Contracts

WITNESSETH:
Throughput Agreement • November 19th, 2002 • Martin Midstream Partners Lp • Wholesale-petroleum bulk stations & terminals • Texas
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SECOND AMENDED AND RESTATED THROUGHPUT AGREEMENT (TUCSON TERMINAL)
Throughput Agreement • November 7th, 2013 • HollyFrontier Corp • Petroleum refining • Arizona

This Second Amended and Restated Throughput Agreement (the “Agreement”) is made and entered into as of September 19, 2013 to be effective as of June 1, 2013 (the “Effective Date”), by and among HollyFrontier Refining & Marketing LLC, a Delaware limited liability company (formerly Holly Refining and Marketing LLC) (“HFRM”), HEP Refining, L.L.C., a Delaware limited liability Company (“HEP Refining”), and Holly Energy Partners - Operating, L.P., a Delaware limited partnership (the “Operating Partnership”), and amends and restates in its entirety the First Amended and Restated Throughput Agreement entered into as of April 1, 2008 (as amended, the “First Amended and Restated Throughput Agreement”), by and among HFRM, the Operating Partnership, Holly Energy Partners, L.P., a Delaware limited partnership, HEP Logistics Holdings, L.P., a Delaware limited partnership, Holly Logistic Services, L.L.C., a Delaware limited liability company, HEP Logistics GP, L.L.C., a Delaware limited liability co

FIRST AMENDED AND RESTATED TANKAGE, LOADING RACK AND CRUDE OIL RECEIVING THROUGHPUT AGREEMENT (CHEYENNE)
Throughput Agreement • February 29th, 2012 • HollyFrontier Corp • Petroleum refining

This First Amended and Restated Tankage, Loading Rack and Crude Oil Receiving Throughput Agreement (this “Agreement”) is dated as of January 11, 2012 to be effective as of the Effective Time (as defined below), by and between Frontier Refining LLC, a Delaware limited liability company (“Frontier Cheyenne”), and Cheyenne Logistics LLC, a Delaware limited liability company (“Cheyenne Logistics”). Each of Frontier Cheyenne and Cheyenne Logistics are individually referred to herein as a “Party” and collectively as the “Parties.”

THROUGHPUT AGREEMENT
Throughput Agreement • May 22nd, 2014 • Foresight Energy LP • Bituminous coal & lignite mining • Illinois

THIS THROUGHPUT AGREEMENT (“Agreement”) is entered into and dated as of August 23, 2013 (“Effective Date”) and is by and between HILLSBORO ENERGY LLC, a Delaware limited liability company (“Hillsboro Energy”) and HILLSBORO TRANSPORT LLC, a Delaware limited liability company (“Hillsboro Transport”). Hillsboro Energy and Hillsboro Transport is each sometimes a “Party” and are collectively sometimes the “Parties.”

THROUGHPUT AGREEMENT
Throughput Agreement • July 25th, 2007 • SemGroup Energy Partners, L.P. • Pipe lines (no natural gas) • Oklahoma

This Throughput Agreement (the “Agreement”) is entered into this 20th day of July , 2007 (the “Effective Date”) and is made by and among SemGroup Energy Partners, L.P., and one of its wholly-owned Affiliates, SemGroup Energy Partners, L.L.C. (collectively “Owner”), and SemCrude, L.P., Eaglwing, L.P. and SemGroup, L.P. (collectively “Customer”), sometimes referred to individually as “Party” and collectively as “Parties”. In consideration of the mutual promises contained in this Agreement, the Parties agree to the following terms and conditions.

AMENDMENT NO. 3 TO ETHANOL STORAGE AND THROUGHPUT AGREEMENT
Throughput Agreement • November 15th, 2018 • Green Plains Partners LP • Industrial organic chemicals

THIS AMENDMENT NO. 3 TO ETHANOL STORAGE AND THROUGHPUT AGREEMENT (this “Agreement”), is entered into and effective as of November 15, 2018 (the “Effective Date”), by and between Green Plains Ethanol Storage LLC (the “Operator”) and Green Plains Trade Group LLC (the “Customer”). Customer and Operator are sometimes referred to in this Agreement as the “Parties” and individually as a “Party.”

AMENDMENT NO. 5 TO ETHANOL STORAGE AND THROUGHPUT AGREEMENT
Throughput Agreement • March 23rd, 2021 • Green Plains Inc. • Industrial organic chemicals

THIS AMENDMENT NO. 5 TO ETHANOL STORAGE AND THROUGHPUT AGREEMENT (this “Amendment”), is entered into and effective as of March 22, 2021 (the “Effective Date”), by and between Green Plains Ethanol Storage LLC (the “Operator”) and Green Plains Trade Group LLC (the “Customer”). Customer and Operator are sometimes referred to in this Amendment as the “Parties” and individually as a “Party.”

AMENDMENT NO. 4 TO ETHANOL STORAGE AND THROUGHPUT AGREEMENT
Throughput Agreement • December 28th, 2020 • Green Plains Partners LP • Industrial organic chemicals

THIS AMENDMENT NO. 4 TO ETHANOL STORAGE AND THROUGHPUT AGREEMENT (this “Amendment”), is entered into and effective as of December 28, 2020 (the “Effective Date”), by and between Green Plains Ethanol Storage LLC (the “Operator”) and Green Plains Trade Group LLC (the “Customer”). Customer and Operator are sometimes referred to in this Amendment as the “Parties” and individually as a “Party.”

FIRST AMENDED AND RESTATED PIPELINES, TANKAGE AND LOADING RACK THROUGHPUT AGREEMENT (TULSA EAST)
Throughput Agreement • April 6th, 2010 • Holly Corp • Petroleum refining

This First Amended and Restated Pipelines, Tankage and Loading Rack Throughput Agreement (this “Agreement”) is dated as of March 31, 2010, by and between Holly Refining & Marketing-Tulsa, LLC (“Holly Tulsa”), HEP Tulsa LLC (“HEP Tulsa”) and Holly Energy Storage-Tulsa LLC (“HEP Storage-Tulsa”). Each of Holly Tulsa, HEP Tulsa and HEP Storage-Tulsa are individually referred to herein as a “Party” and collectively as the “Parties.”

THROUGHPUT AGREEMENT
Throughput Agreement • June 19th, 2019
AMENDMENT TO FIRST AMENDED AND RESTATED PIPELINES, TANKAGE AND LOADING RACK THROUGHPUT AGREEMENT (TULSA EAST)
Throughput Agreement • July 30th, 2010 • Holly Energy Partners Lp • Pipe lines (no natural gas)

This Amendment to First Amended and Restated Pipelines, Tankage and Loading Rack Throughput Agreement (this “Amendment”) is dated as of June 11, 2010 to be effective as of March 31, 2010 (the “Effective Date”), by and between Holly Refining & Marketing-Tulsa, LLC (“Holly Tulsa”), HEP Tulsa LLC (“HEP Tulsa”) and Holly Energy Storage-Tulsa LLC (“HEP Storage-Tulsa”), and is an amendment to the First Amended and Restated Pipelines, Tankage and Loading Rack Throughput Agreement by and between such parties dated March 31, 2010 (the “Original Throughput Agreement”). Each of Holly Tulsa, HEP Tulsa and HEP Storage-Tulsa are individually referred to herein as a “Party” and collectively as the “Parties.” Holly Corporation, a Delaware corporation (“Holly”), as well as Holly Energy Partners, L.P., a Delaware limited partnership (“HEP”), and Holly Energy Partners-Operating, L.P., a Delaware limited partnership (“HEP Operating”), are also executing this Amendment for the sole purpose of consenting to

THROUGHPUT AGREEMENT
Throughput Agreement • June 5th, 2013
THROUGHPUT AGREEMENT
Throughput Agreement • June 10th, 1998 • NSM Steel Co LTD
FIRST AMENDED AND RESTATED PIPELINE DELIVERY, TANKAGE AND LOADING RACK THROUGHPUT AGREEMENT (EL DORADO)
Throughput Agreement • February 29th, 2012 • HollyFrontier Corp • Petroleum refining • Dorado

This First Amended and Restated Pipeline Delivery, Tankage and Loading Rack Throughput Agreement (this “Agreement”) is dated as of January 11, 2012 to be effective as of the Effective Time (as defined below), by and between Frontier El Dorado Refining LLC, a Delaware limited liability company (“Frontier El Dorado”), and El Dorado Logistics LLC, a Delaware limited liability company (“El Dorado Logistics”). Each of Frontier El Dorado and El Dorado Logistics are individually referred to herein as a “Party” and collectively as the “Parties.”

THROUGHPUT AGREEMENT
Throughput Agreement • April 6th, 2015 • Delek Logistics Partners, LP • Pipe lines (no natural gas)

This Throughput Agreement (this “Agreement”) is dated as of March 31, 2015 (the “Effective Date”) by and among Lion Oil Trading & Transportation, LLC, a Texas limited liability company (“LOTT”), Lion Oil Company, an Arkansas corporation (“Lion”) (solely for purposes of Sections 7 and 16) and Delek Logistics Operating, LLC, a Delaware liability company (“Logistics”). Each of LOTT and Logistics are individually referred to herein as a “Party” and collectively as the “Parties.”

THROUGHPUT AGREEMENT
Throughput Agreement • April 10th, 2009 • SemGroup Energy Partners, L.P. • Pipe lines (no natural gas)

This Throughput Agreement (the “Agreement”) is entered into on April 7, 2009, to be effective as of 11:59 PM CDT March 31, 2009 (the “Effective Date”), and is made by and among SemGroup Energy Partners, L.L.C. (“Owner”), and SemCrude, L.P. (“Customer”), sometimes referred to individually as “Party” and collectively as “Parties”. In consideration of the mutual promises contained in this Agreement, the Parties agree to the following terms and conditions.

EXHIBIT D
Throughput Agreement • August 22nd, 2019 • New York
DRAFT
Throughput Agreement • February 9th, 2015
PIPELINE DELIVERY, TANKAGE AND LOADING RACK THROUGHPUT AGREEMENT (EL DORADO)
Throughput Agreement • January 13th, 2014 • Holly Energy Partners Lp • Pipe lines (no natural gas) • Dorado

This Second Amended and Restated Pipeline Delivery, Tankage and Loading Rack Throughput Agreement (this “Agreement”) is dated as of January 7, 2014, to be effective as of the Effective Time (as defined below), by and between Frontier El Dorado Refining LLC, a Delaware limited liability company (“Frontier El Dorado”), and El Dorado Logistics LLC, a Delaware limited liability company (“El Dorado Logistics”). Each of Frontier El Dorado and El Dorado Logistics are individually referred to herein as a “Party” and collectively as the “Parties.”

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