Common use of Arbitration Provision Clause in Contracts

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. Claimant will pay the compensation and expenses of the arbitrator named by or for it, and Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (a) be neutral parties who have never been officers, directors or employees of the Operator, the Company or any of their Affiliates and (b) have not less than seven (7) years’ experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area and commence within thirty (30) days after the selection of the third arbitrator. The Company, the Operator and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contrary, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief1,000,000, three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 7.2 and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 7.2 will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. Claimant will pay the compensation and expenses of the arbitrator named by or for it, and Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (a) be neutral parties who have never been officers, directors or employees of the OperatorSponsor Entities, the Company Partnership Group or any of their Affiliates and (b) have not less than seven (7) years’ experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area and commence within thirty (30) days after the selection of the third arbitrator. The CompanySponsor Entities, the Operator Partnership Group and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contrary, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section will control the rights and obligations of the Partiesparties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party party (“Claimant”) serving written notice on the other Party party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) 30 days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-30 day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) 30 days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of any of the OperatorXxxxx Entities, the Company Partnership Entities or any of their Affiliates affiliates and (bii) have not less than seven (7) years’ years experience in the energy petroleum transportation industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Dallas, Texas and commence within thirty (30) 30 days after the selection of the third arbitrator. The CompanyXxxxx Entities, the Operator Partnership Entities and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties parties hereto. The arbitrators shall have no right to grant or award Special Damagesindirect, consequential, punitive or exemplary damages of any kind. Notwithstanding anything herein The Arbitrable Disputes may be arbitrated in a common proceeding along with disputes under other agreements between the contraryXxxxx Entities, the Company Partnership Entities or their Affiliates to the extent that the issues raised in such disputes are related. Without the written consent of Xxxxx, on behalf of the Xxxxx Entities, and the Partnership, on behalf of the Partnership Entities, no unrelated disputes or third party disputes may not dispute any amounts with respect be joined to an invoice delivered in accordance with Section 3.8 that the Company has not objected arbitration pursuant to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26Agreement.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 13(i) and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 13(i) will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the OperatorRefining Entity, the Company Logistics Entity or any of their Affiliates and (bii) have not less than seven (7) years’ years experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Houston, Texas and commence within thirty (30) days after the selection of the third arbitrator. The CompanyRefining Entity, the Operator Logistics Entity and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contrary, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 and 26, the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the OperatorPartnership Parties, the Company or any of their Affiliates and (bii) have not less than seven (7) years’ years experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Houston, Texas and commence within thirty (30) days after the selection of the third arbitrator. The Company, the Operator Partnership Parties and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contrary, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 10.5 and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 10.5 will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the Operatorany of Seller, the Company Buyer or any of their Affiliates and (bii) have not less than seven (7) years’ years experience in the energy petroleum transportation industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Dallas, Texas and commence within thirty (30) days after the selection of the third arbitrator. The CompanySeller, the Operator Buyer and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damagesindirect, consequential, punitive or exemplary damages of any kind. Notwithstanding anything herein The Arbitrable Disputes may be arbitrated in a common proceeding along with disputes under other agreements between Seller, Buyer or their Affiliates to the contraryextent that the issues raised in such disputes are related. Without the written consent of the Parties, the Company no unrelated disputes or third party disputes may not dispute any amounts with respect be joined to an invoice delivered in accordance with Section 3.8 that the Company has not objected arbitration pursuant to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26Agreement.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 10.5 and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 10.5 will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the OperatorSeller, the Company Buyer or any of their Affiliates and (bii) have not less than seven (7) years’ experience in the energy petroleum transportation industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Dallas, Texas and commence within thirty (30) days after the selection of the third arbitrator. The CompanySeller, the Operator Buyer and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damagesindirect, consequential, punitive or exemplary damages of any kind. Notwithstanding anything herein The Arbitrable Disputes may be arbitrated in a common proceeding along with disputes under other agreements between Seller, Buyer or their Affiliates to the contraryextent that the issues raised in such disputes are related. Without the written consent of the Parties, the Company no unrelated disputes or third party disputes may not dispute any amounts with respect be joined to an invoice delivered in accordance with Section 3.8 that the Company has not objected arbitration pursuant to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26Agreement.

Arbitration Provision. Any and all Arbitrable Disputes dispute, controversy or claim (except collectively “Claims”) arising out of or relating to the extent injunctive relief is sought) shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, including but not limited to Claims arising out of or if no such limits applyrelating to any underlying transaction giving rise to this Agreement, then within a reasonable time and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or the time period allowed other rule of law or equity, shall be settled by the applicable statute of limitations. Arbitration may be initiated arbitration administered by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association under its Commercial Arbitration Rules in effect at the time the arbitration is commenced, and judgment on the award rendered by the arbitrators may be entered in any court of competent jurisdiction. You and We also agree that the AAA Optional Rules for appointment Emergency Measures of an arbitrator for Respondent’s accountProtection shall apply to the proceedings. The two arbitrators so chosen Any such arbitration shall be held in Cumberland County, Tennessee, unless You and We mutually agree on a different location. We shall select a third and notify You of Our selection for the first arbitrator and within thirty ten (3010) days after of Your having received notice of said selection, You shall notify Us of Your selection for the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such arbitrator. A third arbitrator shall act as be selected by the sole arbitrator, and arbitrators named by the sole role of the first two arbitrators aforementioned parties. Each party shall be to appoint such third arbitrator. Claimant will pay responsible for its own costs and expenses, but the compensation and expenses of the arbitrator named by or for it, and Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitratorarbitrator shall be shared by You and Us. All arbitrators must (a) be neutral parties who have never been officers, directors or employees of the Operator, the Company or any of their Affiliates You and (b) have not less than seven (7) years’ experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area We understand and commence within thirty (30) days after the selection of the third arbitrator. The Company, the Operator agree that this Agreement and the arbitrators shall proceed diligently transactions contemplated hereby will have a material connection to interstate commerce and in good faith in order intend that the Federal Arbitration Act applies hereto. An arbitration award may not be made as promptly as possible. Except as provided set aside except upon the limited circumstances set forth in the Federal Arbitration Act. The time for commencing an arbitration asserting any Claim shall be determined by reference to the applicable statute(s) of limitations, including the applicable rules governing the commencement of the limitations period, and a Claim in arbitration is barred to the same extent it would be barred if it were asserted in court rather than in arbitration. If any portion of this Arbitration Provision is deemed invalid or unenforceable, the decision remaining portions of this Arbitration Provision shall nevertheless remain valid and enforceable. In the arbitrators will event of a conflict or inconsistency between this Arbitration Provision and the other provisions of this Agreement or any prior agreement, this Arbitration Provision governs. Nothing herein is intended or should be binding on and nonconstrued as consent to class-appealable by action or representative arbitration. YOU AND WE AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION; HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION. YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY. This Paragraph F(1) shall survive the Parties heretotermination of this Agreement. The arbitrators following additional terms and conditions apply only to Agreements purchased in the states indicated below and shall have no right govern to grant or award Special Damages. Notwithstanding anything herein the contrary, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter extent of any dispute that is pending resolution express conflict with a provision of this Paragraph F(1) above. For Agreements purchased over the telephone or arbitration under this Article 26 until such time that such dispute is resolved Internet, refer to the state in accordance with this Article 26which You reside.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 11(e) and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 11(e) will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of any of the OperatorHollyFrontier Entities, the Company Partnership Entities or any of their Affiliates and (bii) have not less than seven (7) years’ experience in the energy petroleum transportation industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Dallas, Texas and commence within thirty (30) days after the selection of the third arbitrator. The CompanyHollyFrontier Entities, the Operator Partnership Entities and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damagesindirect, consequential, punitive or exemplary damages of any kind. Notwithstanding anything herein The Arbitrable Disputes may be arbitrated in a common proceeding along with disputes under other agreements between the contraryHollyFrontier Entities, the Company Partnership Entities or their Affiliates to the extent that the issues raised in such disputes are related. Without the written consent of the Parties, no unrelated disputes or third party disputes may not dispute any amounts with respect be joined to an invoice delivered in accordance with Section 3.8 that the Company has not objected arbitration pursuant to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26Agreement.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 13(i) and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 13(i) will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a а Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) 30 days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a а third arbitrator within thirty (30) 30 days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the OperatorRefining, the Company Logistics or any of their Affiliates and (bii) have not less than seven (7) years’ years of experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Houston, Texas and commence within thirty (30) 30 days after the selection of the third arbitrator. The CompanyRefining, the Operator Logistics and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contrary, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section will control the rights and obligations of the Partiesparties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party party (“Claimant”) serving written notice on the other Party party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) 30 days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-30 day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) 30 days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (a3) be neutral parties who have never been officers, directors or employees of any of the OperatorXxxxx Entities, the Company Partnership Entities or any of their Affiliates affiliates and (b4) have not less than seven (7) years’ years experience in the energy petroleum transportation industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Dallas, Texas and commence within thirty (30) 30 days after the selection of the third arbitrator. The CompanyXxxxx Entities, the Operator Partnership Entities and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties parties hereto. The arbitrators shall have no right to grant or award Special Damagesindirect, consequential, punitive or exemplary damages of any kind. Notwithstanding anything herein The Arbitrable Disputes may be arbitrated in a common proceeding along with disputes under other agreements between the contraryXxxxx Entities, the Company Partnership Entities or their Affiliates to the extent that the issues raised in such disputes are related. Without the written consent of Xxxxx, on behalf of the Xxxxx Entities, and the Partnership, on behalf of the Partnership Entities, no unrelated disputes or third party disputes may not dispute any amounts with respect be joined to an invoice delivered in accordance with Section 3.8 that the Company has not objected arbitration pursuant to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26Agreement.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 11.5 and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 11.5 will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the Operatorany of Sellers, the Company Buyer or any of their Affiliates and (bii) have not less than seven (7) years’ years experience in the energy petroleum transportation industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Dallas, Texas and commence within thirty (30) days after the selection of the third arbitrator. The CompanySellers, the Operator Buyer and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damagesindirect, consequential, punitive or exemplary damages of any kind. Notwithstanding anything herein The Arbitrable Disputes may be arbitrated in a common proceeding along with disputes under other agreements between Sellers, Buyer or their Affiliates to the contraryextent that the issues raised in such disputes are related. Without the written consent of the Parties, the Company no unrelated disputes or third party disputes may not dispute any amounts with respect be joined to an invoice delivered in accordance with Section 3.8 that the Company has not objected arbitration pursuant to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26Agreement.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 8.5 and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 8.5 will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a а Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) 30 days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a а third arbitrator within thirty (30) 30 days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the OperatorSeller, the Company Buyer or any of their Affiliates and (bii) have not less than seven (7) years’ years experience of in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Houston, Texas and commence within thirty (30) 30 days after the selection of the third arbitrator. The CompanySeller, the Operator Buyer and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contrary, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 11(e) and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 11(e) will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of any of the OperatorHxxxx Entities, the Company Partnership Entities or any of their Affiliates and (bii) have not less than seven (7) years’ years experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Dallas, Texas and commence within thirty (30) days after the selection of the third arbitrator. The CompanyHxxxx Entities, the Operator Partnership Entities and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contraryindirect, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter consequential, punitive or exemplary damages of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26kind.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section will control the rights and obligations of the Partiesparties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party party (“Claimant”) serving written notice on the other Party party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) 30 days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-30 day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) 30 days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of any of the OperatorHxxxx Entities, the Company Partnership Entities or any of their Affiliates affiliates and (bii) have not less than seven (7) years’ years experience in the energy petroleum transportation industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Dallas, Texas and commence within thirty (30) 30 days after the selection of the third arbitrator. The CompanyHxxxx Entities, the Operator Partnership Entities and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties parties hereto. The arbitrators shall have no right to grant or award Special Damagesindirect, consequential, punitive or exemplary damages of any kind. Notwithstanding anything herein The Arbitrable Disputes may be arbitrated in a common proceeding along with disputes under other agreements between the contraryHxxxx Entities, the Company Partnership Entities or their Affiliates to the extent that the issues raised in such disputes are related. Without the written consent of Hxxxx, on behalf of the Hxxxx Entities, and the Partnership, on behalf of the Partnership Entities, no unrelated disputes or third party disputes may not dispute any amounts with respect be joined to an invoice delivered in accordance with Section 3.8 that the Company has not objected arbitration pursuant to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26Agreement.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 13(e) and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 13(e) will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third FIRST AMENDED AND RESTATED TANKAGE, LOADING RACK AND CRUDE OIL RECEIVING THROUGHPUT AGREEMENT (CHEYENNE) arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the Operatorany of Frontier Cheyenne, the Company Cheyenne Logistics, or any of their Affiliates and (bii) have not less than seven (7) years’ years experience in the energy petroleum transportation industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Dallas, Texas and commence within thirty (30) days after the selection of the third arbitrator. The CompanyFrontier Cheyenne, the Operator Cheyenne Logistics, and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damagesindirect, consequential, punitive or exemplary damages of any kind. Notwithstanding anything herein The Arbitrable Disputes may be arbitrated in a common proceeding along with disputes under other agreements between Frontier Cheyenne, Cheyenne Logistics, or their Affiliates to the contraryextent that the issues raised in such disputes are related. Without the written consent of the Parties, the Company no unrelated disputes or third party disputes may not dispute any amounts with respect be joined to an invoice delivered in accordance with Section 3.8 that the Company has not objected arbitration pursuant to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26Agreement.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 26.4 and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 26.4 will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. Respondent shall respond to Claimant within thirty (30) 30 days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) 30 days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. Claimant will pay the compensation and expenses of the arbitrator named by or for it, and Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (a) be neutral parties who have never been officers, directors or employees of the OperatorCustomer, the Company Owner or any of their Affiliates and (b) have not less than seven (7) years’ years of experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Houston, Texas and commence within thirty (30) 30 days after the selection of the third arbitrator. The CompanyCustomer, the Operator Owner and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties heretoParties. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contrary, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 13(e) and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 13(e) will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third FIRST AMENDED AND RESTATED PIPELINE DELIVERY, TANKAGE AND LOADING RACK THROUGHPUT AGREEMENT (EL DORADO) arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the Operatorany of Frontier El Dorado, the Company El Dorado Logistics, or any of their Affiliates and (bii) have not less than seven (7) years’ years experience in the energy petroleum transportation industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Dallas, Texas and commence within thirty (30) days after the selection of the third arbitrator. The CompanyFrontier El Dorado, the Operator El Dorado Logistics, and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damagesindirect, consequential, punitive or exemplary damages of any kind. Notwithstanding anything herein The Arbitrable Disputes may be arbitrated in a common proceeding along with disputes under other agreements between Frontier El Dorado, El Dorado Logistics, or their Affiliates to the contraryextent that the issues raised in such disputes are related. Without the written consent of the Parties, the Company no unrelated disputes or third party disputes may not dispute any amounts with respect be joined to an invoice delivered in accordance with Section 3.8 that the Company has not objected arbitration pursuant to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26Agreement.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent First Amended and Pestated Pipelines, Tankage and Loading Rack Throughput Agreement (Tulsa East) necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 13(e) and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 13(e) will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the Operatorany of Xxxxx Tulsa, the Company HEP Tulsa, HEP Storage-Tulsa or any of their Affiliates and (bii) have not less than seven (7) years’ years experience in the energy petroleum transportation industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Dallas, Texas and commence within thirty (30) days after the selection of the third arbitrator. The CompanyXxxxx Tulsa, the Operator HEP Tulsa, HEP Storage-Tulsa and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damagesindirect, consequential, punitive or exemplary damages of any kind. Notwithstanding anything herein The Arbitrable Disputes may be arbitrated in a common proceeding along with disputes under other agreements between Xxxxx Tulsa, HEP Tulsa, HEP Storage-Tulsa or their Affiliates to the contraryextent that the issues raised in such disputes are related. Without the written consent of the Parties, the Company no unrelated disputes or third party disputes may not dispute any amounts with respect be joined to an invoice delivered in accordance with Section 3.8 that the Company has not objected arbitration pursuant to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26Agreement.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 21(m) and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 21(m) will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) 30 days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) 30 days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the OperatorLion, the Company Logistics or any of their Affiliates and (bii) have not less than seven (7) years’ years of experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Houston, Texas and commence within thirty (30) 30 days after the selection of the third arbitrator. The CompanyLion, the Operator Logistics and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contrary, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section will control the rights and obligations of the Partiesparties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party party (“Claimant”) serving written notice on the other Party party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) 30 days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) 30 days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (a) be neutral parties who have never been officers, directors or employees of the Operatorany of ALON, the Company HEP or any of their Affiliates and (b) have not less than seven (7) years’ years experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Dallas, Texas and commence within thirty (30) 30 days after the selection of the third arbitrator. The CompanyALON, the Operator HEP and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contrary, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26punitive damages.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 13(e) and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 13(e) will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the Operatorany of Xxxxx Tulsa, the Company HEP Tulsa, HEP Storage-Tulsa or any of their Affiliates and (bii) have not less than seven (7) years’ years experience in the energy petroleum transportation industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Dallas, Texas and commence within thirty (30) days after the selection of the third arbitrator. The CompanyXxxxx Tulsa, the Operator HEP Tulsa, HEP Storage-Tulsa and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damagesindirect, consequential, punitive or exemplary damages of any kind. Notwithstanding anything herein The Arbitrable Disputes may be arbitrated in a common proceeding along with disputes under other agreements between Xxxxx Tulsa, HEP Tulsa, HEP Storage-Tulsa or their Affiliates to the contraryextent that the issues raised in such disputes are related. Without the written consent of the Parties, the Company no unrelated disputes or third party disputes may not dispute any amounts with respect be joined to an invoice delivered in accordance with Section 3.8 that the Company has not objected arbitration pursuant to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26Agreement.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 11(e) and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 11(e) will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Loading Rack Throughput Agreement (Lovington) Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the Operatorany of Navajo, the Company HEP Lovington or any of their Affiliates and (bii) have not less than seven (7) years’ years experience in the energy petroleum transportation industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Dallas, Texas and commence within thirty (30) days after the selection of the third arbitrator. The CompanyNavajo, the Operator HEP Lovington and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damagesindirect, consequential, punitive or exemplary damages of any kind. Notwithstanding anything herein The Arbitrable Disputes may be arbitrated in a common proceeding along with disputes under other agreements between Navajo, HEP Lovington or their Affiliates to the contraryextent that the issues raised in such disputes are related. Without the written consent of the Parties, the Company no unrelated disputes or third party disputes may not dispute any amounts with respect be joined to an invoice delivered in accordance with Section 3.8 that the Company has not objected arbitration pursuant to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26Agreement.

Arbitration Provision. Any and all Arbitrable Disputes (except disputes, actions, controversies and other matters in question arising out of or relating to this Agreement or the alleged breach hereof, or in any way relating to the extent injunctive relief is soughtsubject matter of this Agreement (“Dispute”) shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 5.2 and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 5.2 will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a а Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) 30 days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a а third arbitrator within thirty (30) 30 days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (a) be neutral parties who have never been officers, directors or employees of the OperatorPartnership, the Company General Partner or any of their respective Affiliates and (b) have not less than seven (7) years’ experience of in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Houston, Texas and commence within thirty (30) 30 days after the selection of the third arbitrator. The CompanyPartnership, the Operator General Partner and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties heretoParties. The arbitrators shall have no right to grant or award any consequential, punitive, special, or exemplary damages (“Special Damages. Notwithstanding anything herein ”) in favor of the contraryPartnership, on the Company may not dispute any amounts with respect one hand (except to an invoice delivered in accordance with Section 3.8 that the Company has not objected extent such Special Damages (i) are awarded to within one hundred twenty a third-party or (120ii) days are the result of receipt thereof. No Event the gross negligence or willful misconduct of Default shall occur if the subject matter underlying General Partner), or the General Partner, on the other hand (except to the extent such potential Event Special Damages (x) are awarded to a third-party, or (y) are the result of Default is the subject matter fraud, gross negligence or willful misconduct of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26the Partnership).

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 11.5 and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 11.5 will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a а Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) 30 days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a а third arbitrator within thirty (30) 30 days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (a) be neutral parties who have never been officers, directors or employees of the Operatorany Seller, the Company Buyer or any of their respective Affiliates and (b) have not less than seven (7) years’ experience of in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Houston, Texas and commence within thirty (30) 30 days after the selection of the third arbitrator. The CompanyEach Seller, the Operator Buyer and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties heretoParties. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein Damages in favor of the contrarySellers, on the Company may not dispute any amounts with respect one hand (except to an invoice delivered in accordance with Section 3.8 that the Company has not objected extent such Special Damages (i) are awarded to within one hundred twenty a third-party or (120ii) days are the result of receipt thereof. No Event the gross negligence or willful misconduct of Default shall occur if the subject matter underlying Buyer), or the Buyer, on the other hand (except to the extent such potential Event Special Damages (x) are awarded to a third-party, (y) are the result of Default is the subject matter fraud, gross negligence or willful misconduct of any dispute that is pending resolution Seller, or arbitration (z) the failure of any Seller to perform its obligations under this Article 26 until such time that such dispute is resolved in accordance with this Article 26Section 6.6).

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the Operator, the Company or any of their Affiliates and (bii) have not less than seven (7) years’ years experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Houston, Texas and commence within thirty (30) days after the selection of the third arbitrator. The Company, the Operator and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contrary, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 29(d) and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 29(d) will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the OperatorDelek Refining, the Company Delek-Big Xxxxx or any of their Affiliates and (bii) have not less than seven (7) years’ years experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Houston, Texas and commence within thirty (30) days after the selection of the third arbitrator. The CompanyDelek Refining, the Operator Delek-Big Xxxxx and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contrary, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section will control the rights and obligations of the Partiesparties. Arbitration must be initiated within the applicable time limits set forth in this Agreement, Agreement and not thereafter or if no such limits applytime limit is given, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party party (“Claimant”) serving written notice on the other Party party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) 30 days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-30 day period, Claimant shall petition to the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) 30 days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (a) be neutral parties who have never been officers, directors or employees of the OperatorVMSC, the Company VLI or any of their Affiliates affiliates and (b) have not less than seven (7) years’ years experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area San Antonio, Texas and commence within thirty (30) 30 days after the selection of the third arbitrator. The CompanyVMSC, the Operator VLI and the arbitrators shall should proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contraryindirect, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter consequential, punitive or exemplary damages of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26kind.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 11.12 and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 11.12 will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the OperatorDelek Refining, the Company Delek Marketing or any of their Affiliates and (bii) have not less than seven (7) years’ years experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Tyler, Texas and commence within thirty (30) days after the selection of the third arbitrator. The CompanyDelek Refining, the Operator Delek Marketing and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contrary, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 13(i) and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 13(i) will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a а Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) 30 days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a а third arbitrator within thirty (30) 30 days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the OperatorRefining, the Company Logistics or any of their Affiliates and (bii) have not less than seven (7) years’ years of experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Houston, Texas and commence within thirty (30) 30 days after the selection of the third arbitrator. The CompanyRefining, the Operator Logistics and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contrary, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26.j)

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 13(e) and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 13(e) will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the Operatorany of HFRM, the Company HEP Operating, HEP Refining or any of their Affiliates and (bii) have not less than seven (7) years’ experience in the energy petroleum transportation industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Dallas, Texas and commence within thirty (30) days after the selection of the third arbitrator. The CompanyHFRM, the Operator HEP Operating, HEP Refining and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damagesindirect, consequential, punitive or exemplary damages of any kind. Notwithstanding anything herein The Arbitrable Disputes may be arbitrated in a common proceeding along with disputes under other agreements between HFRM, HEP Operating, HEP Refining or their Affiliates to the contraryextent that the issues raised in such disputes are related. Without the written consent of the Parties, the Company no unrelated disputes or third party disputes may not dispute any amounts with respect be joined to an invoice delivered in accordance with Section 3.8 that the Company has not objected arbitration pursuant to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26Agreement.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 13(e) and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 13(e) will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the Operatorany of HFRM, the Company HEP Operating or any of their Affiliates and (bii) have not less than seven (7) years’ experience in the energy petroleum transportation industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Dallas, Texas and commence within thirty (30) days after the selection of the third arbitrator. The CompanyHFRM, the Operator HEP Operating and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damagesindirect, consequential, punitive or exemplary damages of any kind. Notwithstanding anything herein The Arbitrable Disputes may be arbitrated in a common proceeding along with disputes under other agreements between HFRM, HEP Operating or their Affiliates to the contraryextent that the issues raised in such disputes are related. Without the written consent of the Parties, the Company no unrelated disputes or third party disputes may not dispute any amounts with respect be joined to an invoice delivered in accordance with Section 3.8 that the Company has not objected arbitration pursuant to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26Agreement.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 21(m) and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 21(m) will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) 30 days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) 30 days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the OperatorLion, the Company Logistics or any of their Affiliates and (bii) have not less than seven (7) years’ years of experience in the energy - 37 - industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Houston, Texas and commence within thirty (30) 30 days after the selection of the third arbitrator. The CompanyLion, the Operator Logistics and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contrary, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26.n)

Arbitration Provision. Any and all Arbitrable Disputes (except In the event the PARTIES are unable to reach agreement with respect to any matter which is to be subject to arbitration in accordance with the extent injunctive relief is sought) shall License Agreement, as applicable, such will be resolved determined through the use of binding arbitration usingin Boston, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case Massachusetts in accordance with the Commercial Rules of Arbitration Rules of the American Arbitration Association, as supplemented . The arbitration panel shall be comprised of three (3) arbitrators. Each Party shall be entitled to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code)appoint one arbitrator. If there is any inconsistency between this Article 26 and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. Respondent The PARTIES shall respond to Claimant appoint their respective arbitrators within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointedsubmission for arbitration. If Respondent fails for any reason either PARTY shall fail to name an make timely appointment of its arbitrator, the arbitration shall be heard and decided by the sole arbitrator within duly appointed by the 30-day periodother PARTY. Where both PARTIES have timely appointed their respective arbitrators, Claimant the two arbitrators so appointed shall petition agree on the appointment of the third arbitrator from the list of arbitrators maintained by the American Arbitration Association for appointment of an arbitrator for Respondent’s accountAssociation. The two If the PARTIES' appointed arbitrators so chosen shall select a third arbitrator fail to agree. within thirty (30) days after from the second arbitrator has date both PARTIES' arbitrators have been appointed, and, in on the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. Claimant will pay the compensation and expenses of the arbitrator named by or for it, and Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. Claimant and Respondent will each pay one-half of the compensation and expenses identity of the third arbitrator. All arbitrators must (a) , then such arbitrator shall be neutral parties who have never been officers, directors or employees appointed by the appropriate administrative body of the OperatorAmerican Arbitration Association. Within ten (10) days of appointment of the full arbitration panel, the Company or any PARTIES shall exchange their final proposed positions with respect to the matters to be arbitrated, which shall approximate as closely as possible the closest positions of their Affiliates and (b) have not less than seven (7) years’ experience the parties previously taken in the energy industrynegotiations. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area and commence within Within thirty (30) days after the selection of appointment of the third arbitratorarbitration Panel, each PARTY shall submit to the arbitrators a copy of the proposed position which it previously delivered to the other PARTY, together with a brief or other written memorandum supporting the merits of its proposed position. The Companyarbitration panel shall promptly convene a hearing, at which time each PARTY shall have one (1) hour to argue in support of its proposed position. The PARTIES will not call any witnesses in support of their arguments. The arbitration panel shall select either of the Operator and PARTY's proposed position on the issue as the binding final decision to be embodied as an agreement between the PARTIES. In making their selection, the arbitrators shall proceed diligently not modify the terms or conditions of either PARTY's proposed position; nor will the arbitrators combine provisions from both proposed position. In making their selection, the arbitrators shall consider the terms and in good faith in order that conditions of this Agreement, the award relative merits of the proposed position and the written and oral arguments of the PARTIES. In the event the arbitrators seek the guidance of the law of any jurisdiction, the law of the State of New York shall govern. The arbitrators shall make their decision known to the PARTIES as quickly as possible by delivering written notice of their decision to both PARTIES. Such written notice need not justify their decision. The PARTIES will execute any and all papers necessary to obligate the parties to the position selected by the arbitration Panel within five (5) days of receipt of notice of such selection. The decision of the arbitrators shall be final and binding on the PARTIES, and specific performance may be made as promptly as possibleordered by any court of competent jurisdiction. Except as provided The PARTIES will bear their own costs in preparing for the Federal Arbitration Act, the decision arbitration. The costs of the arbitrators will be binding on and non-appealable by equally divided between the Parties hereto. The arbitrators shall have no right to grant or award Special DamagesPARTIES. Notwithstanding anything herein to the contrary, prior to initiating arbitration, the Company may issues shall be submitted to the Chief Executive Officer of each of the PARTIES in an attempt to resolve the issues by good faith, mediation or negotiations by such Chief Executive Officers. If the issues have not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to been resolved within one hundred twenty sixty (12060) days after submission to the Chief Executive Officers, then either PARTY may initiate arbitration as set forth herein. EXHIBIT B NPAG LICENSE AGREEMENT LICENSE AGREEMENT THIS AGREEMENT, effective as of receipt thereofthe ___ day of _____________, 2000 (the "EFFECTIVE DATE") between NOVARTIS PHARMA, A.G., a Swiss corporation having a place of business at Xxxxxxxxxxxx 00, XX-0000, Xxxxx, Xxxxxxxxxxx ("NOVARTIS"), and LOXO AG, a Swiss Corporation having a place of business at c/o Xx. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26Xxxxxxx Xxxxxxx, Xxxxx and Xxxxxx, Xxxxxxxxxxxxxxx 0, 0000, Xxxxx, Xxxxxxxxxxx ("LOXO").

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 9.5 and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 9.5 will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a а Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) 30 days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a а third arbitrator within thirty (30) 30 days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the OperatorSellers, the Company Buyer or any of their Affiliates and (bii) have not less than seven (7) years’ experience of in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Houston, Texas and commence within thirty (30) 30 days after the selection of the third arbitrator. The CompanySellers, the Operator Buyer and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein Damages in favor of Sellers, on one hand (except to the contraryextent such Special Damages (a) are awarded to a third-party or (b) are the result of the gross negligence or willful misconduct of the Buyer), or Buyer, on the Company may not dispute any amounts with respect other hand (except to an invoice delivered in accordance with the extent such Special Damages (1) (x) are awarded to a third-party, (y) are the result of the gross negligence or willful misconduct of the Sellers, or (z) the failure of the Sellers to perform their obligations under Section 3.8 that the Company has not objected to within one hundred twenty 6.6 and (1202) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter are Special Damages (excluding punitive damages) arising out of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved Specified Title Matters not otherwise provided for in accordance with this Article 26clause (1)(x) above).

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall be resolved through the use A full explanation of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules can be found at xxx.xxx.xxx. Any controversy or claim arising out of or relating to this contract, or the breach thereof shall be settled by mandatory binding arbitration administered by the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 and the hereinafter AAA) in accordance with its Commercial Arbitration Rules and judgment on their award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The breaching party also agrees to a waiver of defense; The debt/Infringer waives any defense of its right under this agreement other than payment in full of the obligation due to TRUST. Claims shall be heard by a panel of three arbitrators within ten (10) days after the commencement of arbitration, each party shall select one person to act as arbitrator and the two selected shall select a third arbitrator Within ten (10) days of their appointment. If the arbitrators selected by the parties are unable or failed to agree upon the Federal Arbitration Actthird arbitrator, the terms third arbitrator shall be selected by AAA. The arbitrators shall have expertise in the subject matter being considered. Notwithstanding any language to the contrary end the contract documents, the parties hereby agree: That the underlying Award may be appealed pursuant to the AAA’s Optional Appellate Arbitrators Rules Also known as (“Appellate Rules”): that the Underlying Award rendered by the arbitrator(s) shall at a minimum be a reasonable award; and that the Underlying award shall not be considered final until after the time for filing the notice of this Article 26 will control appeal has expired, pursuant to the rights and obligations of the PartiesAppellate. Arbitration Rules. Appeals must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. Respondent shall respond to Claimant within thirty (30) days after of receipt of Claimant’s noticea Underlying Award, identifying the arbitrator Respondent has appointed. If Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, as defined in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role Rule A-3 of the first two arbitrators shall be to appoint such third arbitratorAppellant Rules, by filing a Notice of Appeal with any AAA office. Claimant will pay Following the compensation and expenses of the arbitrator named by or for it, and Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (a) be neutral parties who have never been officers, directors or employees of the Operatorappeal process, the Company or any of their Affiliates and (b) have not less than seven (7) years’ experience in decision rendered by the energy industryAppeal Tribunal. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area and commence within thirty (30) days after the selection of the third arbitrator. The Company, the Operator and the arbitrators shall proceed diligently and in good faith in order that the award may be made entered into any court having jurisdiction thereof. Arbitration is an administrative remedy that has not been exhausted as promptly as possible. Except as provided in yet, a remedy that remains available to the TRUST with reference to TRUST property under the Federal Arbitration Act, enacted February 12th, 1925 and codified at Title 9 U.S.C. Chapter 1 and FOREIGN STATE as defined in 28 USC section § 1602, et. Seq., the decision FOREIGN SOVEREIGN IMMUNITY ACT of 1976. Pub. L. 94-583 (hereafter FSIA). Federal law supports our position that confusingly similar trademarks may cause undesirable confusion and damaging outcomes in the public. In this instance, this may cause material and irreparable harm by eroding the distinct association among our trademark our product services. Intellectual property and reputation. Your actions constitute trademark infringement under both state and federal law, including Xxxxxx Act, (15 U.S.C.§§ 1051-1127. Remedies for such infringement can include payment of actual and trouble monetary damages sustained by the use of the arbitrators will be binding on mark, recovery of profits, attorney’s fees, seizure of property and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contrary, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26injunctions.

Arbitration Provision. Any and all Arbitrable Disputes (except In the event the Parties are unable to reach agreement with respect to any matter which is to be subject to arbitration in accordance with the extent injunctive relief is sought) shall Collaboration Agreement, as applicable, such will be resolved determined through the use of binding arbitration usingin Boston, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case Massachusetts in accordance with the Commercial Rules of Arbitration Rules of the American Arbitration Association, as supplemented . The arbitration panel shall be comprised of three (3) arbitrators. Each Party shall be entitled to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code)appoint one arbitrator. If there is any inconsistency between this Article 26 and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. Respondent The Parties shall respond to Claimant appoint their respective arbitrators within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointedsubmission for arbitration. If Respondent fails for any reason either Party shall fail to name an make timely appointment of its arbitrator, the arbitration shall be heard and decided by the sole arbitrator within duly appointed by the 30-day periodother Party. Where both Parties have timely appointed their respective arbitrators, Claimant the two arbitrators so appointed shall petition agree on the appointment of the third arbitrator from the list of arbitrators maintained by the American Arbitration Association for appointment of an arbitrator for Respondent’s accountAssociation. The two If the Parties' appointed arbitrators so chosen shall select a third arbitrator fail to agree. within thirty (30) days after from the second arbitrator has date both Parties' arbitrators have been appointed, and, in on the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. Claimant will pay the compensation and expenses of the arbitrator named by or for it, and Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. Claimant and Respondent will each pay one-half of the compensation and expenses identity of the third arbitrator. All arbitrators must (a) , then such arbitrator shall be neutral parties who have never been officers, directors or employees appointed by the appropriate administrative body of the OperatorAmerican Arbitration Association. Within ten (10) days of appointment of the full arbitration panel, the Company or any Parties shall exchange their final proposed positions with respect to the matters to be arbitrated, which shall approximate as closely as possible the closest positions of their Affiliates and (b) have not less than seven (7) years’ experience the parties previously taken in the energy industrynegotiations. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area and commence within Within thirty (30) days after the selection of appointment of the third arbitratorarbitration Panel, each Party shall submit to the arbitrators a copy of the proposed position which it previously delivered to the other Party, together with a brief or other written memorandum supporting the merits of its proposed position. The Companyarbitration panel shall promptly convene a hearing, at which time each Party shall have one (1) hour to argue in support of its proposed position. The Parties will not call any witnesses in support of their arguments. The arbitration panel shall select either of the Operator and Party's proposed position on the issue as the binding final decision to be embodied as an agreement between the Parties. In making their selection, the arbitrators shall proceed diligently not modify the terms or conditions of either Party's proposed position; nor will the arbitrators combine provisions from both proposed position. In making their selection, the arbitrators shall consider the terms and in good faith in order that conditions of this Agreement, the award relative merits of the proposed position and the written and oral arguments of the Parties. In the event the arbitrators seek the guidance of the law of any jurisdiction, the law of the State of New York shall govern. The arbitrators shall make their decision known to the Parties as quickly as possible by delivering written notice of their decision to both Parties. Such written notice need not justify their decision. The Parties will execute any and all papers necessary to obligate the parties to the position selected by the arbitration Panel within five (5) days of receipt of notice of such selection. The decision of the arbitrators shall be final and binding on the Parties, and specific performance may be made as promptly as possibleordered by any court of competent jurisdiction. Except as provided The Parties will bear their own costs in preparing for the Federal Arbitration Act, the decision arbitration. The costs of the arbitrators will be binding on and non-appealable by equally divided between the Parties hereto. The arbitrators shall have no right to grant or award Special DamagesParties. Notwithstanding anything herein to the contrary, prior to initiating arbitration, the Company may issues shall be submitted to the Chief Executive Officer of each of the Parties in an attempt to resolve the issues by good faith, mediation or negotiations by such Chief Executive Officers. If the issues have not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to been resolved within one hundred twenty sixty (12060) days of receipt thereof. No Event of Default shall occur if after submission to the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or Chief Executive Officers, then either party may initiate arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26as set forth herein.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 11.3 and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 11.3 will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a а Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) 30 days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for HOU03:1337014 - 17 - appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a а third arbitrator within thirty (30) 30 days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (a) be neutral parties who have never been officers, directors or employees of the OperatorLessor, the Company Lessee or any of their Affiliates and (b) have not less than seven (7) years’ years experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Houston, Texas and commence within thirty (30) 30 days after the selection of the third arbitrator. The CompanyLessor, the Operator Lessee and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contrary, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26.11.4

Arbitration Provision. Any and all Arbitrable Disputes (except In the event the PARTIES are unable to reach agreement with respect to any matter which is to be subject to arbitration in accordance with the extent injunctive relief is sought) shall License Agreement, as applicable, such will be resolved determined through the use of binding arbitration usingin Boston, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case Massachusetts in accordance with the Commercial Rules of Arbitration Rules of the American Arbitration Association, as supplemented . The arbitration panel shall be comprised of three (3) arbitrators. Each PARTY shall be entitled to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code)appoint one arbitrator. If there is any inconsistency between this Article 26 and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. Respondent The PARTIES shall respond to Claimant appoint their respective arbitrators within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointedsubmission for arbitration. If Respondent fails for any reason either PARTY shall fail to name an make timely appointment of its arbitrator, the arbitration shall be heard and decided by the sole arbitrator within duly appointed by the 30-day periodother PARTY. Where both PARTIES have timely appointed their respective arbitrators, Claimant the two arbitrators so appointed shall petition agree on the appointment of the third arbitrator from the list of arbitrators maintained by the American Arbitration Association for appointment of an arbitrator for Respondent’s accountAssociation. The two If the PARTIES' appointed arbitrators so chosen shall select a third arbitrator fail to agree. within thirty (30) days after from the second arbitrator has date both PARTIES' arbitrators have been appointed, and, in on the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. Claimant will pay the compensation and expenses of the arbitrator named by or for it, and Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. Claimant and Respondent will each pay one-half of the compensation and expenses identity of the third arbitrator. All arbitrators must (a) , then such arbitrator shall be neutral parties who have never been officers, directors or employees appointed by the appropriate administrative body of the OperatorAmerican Arbitration Association. Within ten (10) days of appointment of the full arbitration panel, the Company or any PARTIES shall exchange their final proposed positions with respect to the matters to be arbitrated, which shall approximate as closely as possible the closest positions of their Affiliates and (b) have not less than seven (7) years’ experience the parties previously taken in the energy industrynegotiations. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area and commence within Within thirty (30) days after the selection of appointment of the third arbitratorarbitration Panel, each PARTY shall submit to the arbitrators a copy of the proposed position which it previously delivered to the other PARTY, together with a brief or other written memorandum supporting the merits of its proposed position. The Companyarbitration panel shall promptly convene a hearing, at which time each PARTY shall have one (1) hour to argue in support of its proposed position. The PARTIES will not call any witnesses in support of their arguments. The arbitration panel shall select either of the Operator and PARTY's proposed position on the issue as the binding final decision to be embodied as an agreement between the PARTIES. In making their selection, the arbitrators shall proceed diligently not modify the terms or conditions of either PARTY's proposed position; nor will the arbitrators combine provisions from both proposed position. In making their selection, the arbitrators shall consider the terms and in good faith in order that conditions of this Agreement, the award relative merits of the proposed position and the written and oral arguments of the PARTIES. In the event the arbitrators seek the guidance of the law of any jurisdiction, the law of the State of New York shall govern. The arbitrators shall make their decision known to the PARTIES as quickly as possible by delivering written notice of their decision to both PARTIES. Such written notice need not justify their decision. The PARTIES will execute any and all papers necessary to obligate the parties to the position selected by the arbitration Panel within five (5) days of receipt of notice of such selection. The decision of the arbitrators shall be final and binding on the PARTIES, and specific performance may be made as promptly as possibleordered by any court of competent jurisdiction. Except as provided The PARTIES will bear their own costs in preparing for the Federal Arbitration Act, the decision arbitration. The costs of the arbitrators will be binding on and non-appealable by equally divided between the Parties hereto. The arbitrators shall have no right to grant or award Special DamagesPARTIES. Notwithstanding anything herein to the contrary, prior to initiating arbitration, the Company may issues shall be submitted to the Chief Executive Officer of each of the PARTIES in an attempt to resolve the issues by good faith, mediation or negotiations by such Chief Executive Officers. If the issues have not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to been resolved within one hundred twenty sixty (12060) days of receipt thereof. No Event of Default shall occur if after submission to the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or Chief Executive Officers, then either PARTY may initiate arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26as set forth herein.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 13(e) and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 13(e) will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the Operatorany of HFRM, the Company HEP Operating, HEP Refining or any of their Affiliates and (bii) have not less than seven (7) years’ experience in the energy petroleum transportation industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Dallas, Texas and commence within thirty (30) days after the selection of the third arbitrator. The CompanyHFRM, the Operator HEP Operating, HEP Refining and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damagesindirect, consequential, punitive or exemplary damages of any kind. Notwithstanding anything herein The Arbitrable Disputes may be arbitrated in a common proceeding along with disputes under other agreements between HFRM, HEP Operating, HEP Refining or their Affiliates to the contraryextent that the issues raised in such disputes are related. Without [Page 11 to the Amended and Restated Unloading and Blending Services Agreement (Artesia)] Exhibit 10.26 the written consent of the Parties, the Company no unrelated disputes or third party disputes may not dispute any amounts with respect be joined to an invoice delivered in accordance with Section 3.8 that the Company has not objected arbitration pursuant to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26Agreement.

Arbitration Provision. Any controversy or claim arising out of or relating to this Agreement, the alleged breach of this Agreement, or Employee's employment with Employer or the termination of the employment relationship between Employee and all Arbitrable Disputes (except to the extent injunctive relief is sought) Employer, shall be resolved through the use of binding settled by arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration National Rules for the Resolution of Employment Disputes of the American Arbitration Association, as supplemented to and judgment on the extent necessary to determine any procedural appeal questions award rendered by the Federal Arbitration Act arbitrators may be entered in any court having jurisdiction. There shall be three arbitrators, one to be chosen directly by each party, and the third arbitrator to be selected by the two arbitrators so chosen. If any arbitration proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach or default in connection with this Agreement, (Title 9 i) the non-prevailing party shall pay the fees of the United States Codearbitrators and all other costs of the arbitration, including the cost of any record or transcripts of the arbitrations and administrative fees; and (ii) the prevailing party shall be entitled to recover reasonable attorneys' fees and any other costs and expenses incurred in that action or proceeding, in addition to any other relief to which it or she may be entitled. The parties acknowledge that they intend that the controversies and claims to be arbitrated under this Section 19 be construed as broadly as possible under applicable law. EXECUTED as of the 14th day of February, 2000. EMPLOYER: EMPLOYEE: CALIFORNIA COMMUNITY BANCSHARES, INC. /s/ Xxxxxx X. Xxxxxx /s/ Xxxx X. Xxxxxxx ----------------------------------------- -------------------------------- By: Xxxxxx X. Xxxxxx Xxxx X. Xxxxxxx President and Chief Executive Officer EXHIBIT A RELEASE AGREEMENT This Release Agreement ("Release") was given to me, Xxxx X. Xxxxxxx ("Employee"), this _____day of _________ , _______, by CALIFORNIA COMMUNITY BANCSHARES, INC. ("CCB"). If there At such time as this Release becomes effective and enforceable (i.e., the revocation period discussed below has expired), and assuming Employee is any inconsistency between this Article 26 and the Commercial Arbitration Rules or the Federal Arbitration Act, otherwise eligible for payments under the terms of this Article 26 will control that certain Employment Agreement between Employee and CCB dated February 14, 2000 (the rights and obligations "Agreement"), CCB agrees to pay Employee pursuant to the terms of the PartiesAgreement an amount equal to $ ________ (minus customary payroll deductions and any outstanding obligations owed by the Employee to Employer), and to provide any Vested Benefits and COBRA Rights, as these terms are defined in the Agreement. Arbitration must CCB and its employees, agents, officers, directors, shareholders, parent companies, partnerships, limited partnerships, limited liability companies, subsidiaries and any and all of its other affiliates, and the directors, officers, employees, agents, insurers, underwriters and the predecessors, successors and assigns of each such individuals and entities shall be initiated within referred to herein as the "Employer". In consideration of the receipt of the promise to pay such amount, Employee hereby agrees, for herself and her heirs, executors, administrators, successors and assigns (hereinafter referred to as the "Releasors"), to fully release and discharge Employer and its officers, directors, employees, shareholders, partners, limited partners, parent companies, partnerships, limited liability companies and any of its other affiliates, and the officers, directors, employees, agents, insurers, underwriters, subsidiaries, affiliates, and the predecessors, successors and assigns of each such individual and entity (hereinafter referred to as the "Releasees") from any and all actions, causes of action, claims, obligations, costs, losses, liabilities, damages and demands under any federal, state or local law or laws, or common law, whether or not known, suspected or claimed, which the Releasors have, or hereafter may have, against the Releasees arising out of or in any way related to the Agreement and/or Employee's employment or termination of employment with Employer, except with the sole and limited exception that Releasor's release of all claims against Releasees will not release Employer from its obligations, as provided in Sections 7, 10, 13, 15 and 19 of the Agreement. It is understood and agreed that this Release extends to all such claims and/or potential claims and that Employee, on behalf of the Releasors, hereby expressly waives all rights with respect to all such claims under California Civil Code Section 1542, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time limits of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. Employee executes this Release without reliance on any representation by any Releasee. Employee acknowledges that she has read and understands the provisions of the Release set forth in the preceding paragraph, that she has had an opportunity to consult with an attorney prior to executing this AgreementRelease, that she affixes her signature hereto voluntarily and without coercion, and that no promise or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator inducement has been appointed, and, made other than those set out in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitratorthis Release. This document does not constitute, and shall not be admissible as evidence of, an admission by any Releasee as to any fact or matter. In case any part of this Release is later deemed to be invalid, illegal or otherwise unenforceable, Employee agrees that the sole role legality and enforceability of the first two arbitrators shall remaining provisions of this Release will not be to appoint such third arbitratoraffected in any way. Claimant will pay the compensation and expenses of the arbitrator named by or for it, and Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (a) be neutral parties who have never been officers, directors or employees of the Operator, the Company or any of their Affiliates and (b) have not less than seven (7) years’ experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area and commence within thirty (30) days after the selection of the third arbitrator. The Company, the Operator and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contrary, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26.Dated: ---------------------------- -------------------------------------- XXXX X. XXXXXXX

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, ; or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s 's notice initiating binding arbitration must identify the arbitrator Claimant has appointed. Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s 's notice, identifying the arbitrator Respondent has appointed. If Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s 's account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. Claimant will pay the compensation and expenses of the arbitrator named by or for it, and Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (a) be neutral parties who have never been officers, directors or employees of the Operator, the Company or any of their Affiliates and (b) have not less than seven (7) years’ ' experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area and commence within thirty (30) days after the selection of the third arbitrator. The Company, the Operator and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contrary, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 30(d) and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 30(d) will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the OperatorDelek Refining, the Company Delek-Big Sandy or any xxx of their Affiliates and (bii) have not less than seven (7) years’ years experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Houston, Texas and commence within thirty (30) days after the selection of the third arbitrator. The CompanyDelek Refining, the Operator and the Delek-Big Sandy anx xxx arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contrary, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 8.5 and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 8.5 will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) 30 days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) 30 days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the OperatorSeller, the Company Buyer or any of their Affiliates and (bii) have not less than seven (7) years’ experience of in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Houston, Texas and commence within thirty (30) 30 days after the selection of the third arbitrator. The CompanySeller, the Operator Buyer and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein Damages in favor of Seller, on one hand (except to the contraryextent such Special Damages (a) are awarded to a third-party or (b) are the result of the gross negligence or willful misconduct of the Buyer), or Buyer, on the Company may not dispute any amounts with respect other hand (except to an invoice delivered in accordance with the extent such Special Damages (x) are awarded to a third-party, (y) are the result of the gross negligence or willful misconduct of the Seller, or (z) the failure of the Seller to perform its obligations under Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 266.8).

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 8.5 and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 8.5 will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) 30 days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) 30 days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the OperatorSeller, the Company Buyer or any of their Affiliates and (bii) have not less than seven (7) years’ experience of in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Houston, Texas and commence within thirty (30) 30 days after the selection of the third arbitrator. The CompanySeller, the Operator Buyer and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special DamagesDamages in favor of Seller, on one hand (except to the extent such Special Damages (a) are awarded to a third-party or (b) are the result of the gross negligence or willful misconduct of the Buyer), or Buyer, on the other hand (except to the extent such Special Damages (x) are awarded to a third-party, (y) are the result of the gross negligence or willful misconduct of the Seller, or (z) the failure of the Seller to perform its obligations under Section 6.8). Notwithstanding anything herein the contrary, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26.21 8.6

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 12(f) and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 12(f) will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of any of the OperatorXxxxx Entities, the Company Partnership Entities or any of their Affiliates and (bii) have not less than seven (7) years’ years experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Dallas, Texas and commence within thirty (30) days after the selection of the third arbitrator. The CompanyXxxxx Entities, the Operator Partnership Entities and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damagesindirect, consequential, punitive or exemplary damages of any kind. Notwithstanding anything herein The Arbitrable Disputes may be arbitrated in a common proceeding along with disputes under other agreements between the contraryXxxxx Entities, the Company Partnership Entities or their Affiliates to the extent that the issues raised in such disputes are related. Without the written consent of the Parties, no unrelated disputes or third party disputes may not dispute any amounts with respect be joined to an invoice delivered in accordance with Section 3.8 that the Company has not objected arbitration pursuant to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26Agreement.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section will control the rights and obligations of the Partiesparties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party party (“Claimant”) serving written notice on the other Party party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) 30 days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-30 day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) 30 days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of any of the OperatorXxxxx Entities, the Company Partnership Entities or any of their Affiliates affiliates and (bii) have not less than seven (7) years’ years experience in the energy petroleum transportation industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Dallas, Texas and commence within thirty (30) 30 days after the selection of the third arbitrator. The CompanyXxxxx Entities, the Operator Partnership Entities and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties parties hereto. The arbitrators shall have no right to grant or award Special Damagesindirect, consequential, punitive or exemplary damages of any kind. Notwithstanding anything herein The Arbitrable Disputes may be arbitrated in a common proceeding along with disputes under other agreements between the contraryXxxxx Entities, the Company Partnership Entities or their Affiliates to the extent that the issues raised in such disputes are related. Without the written consent of Xxxxx, on behalf of the Xxxxx Entities, and the Partnership, on behalf of the Partnership Entities, no unrelated disputes or third party disputes may not dispute any amounts with respect be joined to an invoice delivered in accordance with Section 3.8 that the Company has not objected arbitration pursuant to within one hundred twenty (120) days of receipt thereofthis Agreement. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26.25

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 13(e) and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 13(e) will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the Operatorany of Frontier El Dorado, the Company El Dorado Logistics, or any of their Affiliates and (bii) have not less than seven (7) years’ years experience in the energy petroleum transportation industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Dallas, Texas and commence within thirty (30) days after the selection of the third arbitrator. The CompanyFrontier El Dorado, the Operator El Dorado Logistics, and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damagesindirect, consequential, punitive or exemplary damages of any kind. Notwithstanding anything herein The Arbitrable Disputes may be arbitrated in a common proceeding along with disputes under other agreements between Frontier El Dorado, El Dorado Logistics, or their Affiliates to the contraryextent that the issues raised in such disputes are related. Without the written consent of the Parties, the Company no unrelated disputes or third party disputes may not dispute any amounts with respect be joined to an invoice delivered in accordance with Section 3.8 that the Company has not objected arbitration pursuant to within one hundred twenty this Agreement. Pipeline Delivery, Tankage and Loading Rack Throughput Agreement (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26.El Dorado)

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000than$1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, ; or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s 's notice initiating binding arbitration must identify the arbitrator Claimant has appointed. Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s 's notice, identifying the arbitrator Respondent has appointed. If Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s 's account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. Claimant will pay the compensation and expenses of the arbitrator named by or for it, and Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (a) be neutral parties who have never been officers, directors or employees of the Operator, the Company or any of their Affiliates and (b) have not less than seven (7) years’ ' experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area and commence within thirty (30) days after the selection of the third arbitrator. The Company, the Operator and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contrary, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26.

Arbitration Provision. Any Except as provided in Section 9, any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section will control the rights and obligations of the Partiesparties. Arbitration must be initiated within the applicable time limits set forth in this Agreement, Agreement and not thereafter or if no such limits applytime limit is given, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party party (“Claimant”"CLAIMANT") serving written notice on the other Party party (“Respondent”"RESPONDENT") that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s 's notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) 30 days after receipt of Claimant’s 's notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-30 day period, Claimant shall petition to the American Arbitration Association for appointment of an arbitrator for Respondent’s 's account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) 30 days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (a) be neutral parties who have never been officers, directors or employees of the OperatorUDS, the Company Operating Partnership or any of their Affiliates affiliates and (b) have not less than seven (7) years’ years experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area San Antonio, Texas and commence within thirty (30) 30 days after the selection of the third arbitrator. The CompanyUDS, the Operator Operating Partnership and the arbitrators shall should proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contraryindirect, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter consequential, punitive or exemplary damages of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26kind.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 25.4 and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 25.4 will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. Respondent shall respond to Claimant within thirty (30) 30 days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) 30 days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. Claimant will pay the compensation and expenses of the arbitrator named by or for it, and Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (a) be neutral parties who have never been officers, directors or employees of the OperatorCustomer, the Company Owner or any of their Affiliates and (b) have not less than seven (7) years’ years of experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Houston, Texas and commence within thirty (30) 30 days after the selection of the third arbitrator. The CompanyCustomer, the Operator Owner and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties heretoParties. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contrary, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 10.5 and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 10.5 will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day thirty (30)-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two (2) arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half (1/2) of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the Operatorany Seller, the Company Buyer or any of their Affiliates and (bii) have not less than seven (7) years’ years experience in the energy petroleum transportation industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Dallas, Texas and commence within thirty (30) days after the selection of the third arbitrator. The CompanySellers, the Operator Buyers and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damagesindirect, consequential, punitive or exemplary damages of any kind. Notwithstanding anything herein The Arbitrable Disputes may be arbitrated in a common proceeding along with disputes under other agreements between Sellers, Buyers or their Affiliates to the contraryextent that the issues raised in such disputes are related. Without the written consent of the Parties, the Company no unrelated disputes or third party disputes may not dispute any amounts with respect be joined to an invoice delivered in accordance with Section 3.8 that the Company has not objected arbitration pursuant to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26Agreement.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 13(e) and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 13(e) will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the Operatorany of Xxxxx Tulsa, the Company HEP Tulsa or any of their Affiliates and (bii) have not less than seven (7) years’ years experience in the energy petroleum transportation industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Dallas, Texas and commence within thirty (30) days after the selection of the third arbitrator. The CompanyXxxxx Tulsa, the Operator HEP Tulsa and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damagesindirect, consequential, punitive or exemplary damages of any kind. Notwithstanding anything herein The Arbitrable Disputes may be arbitrated in a common proceeding along with disputes under other agreements between Xxxxx Tulsa, HEP Tulsa or their Affiliates to the contraryextent that the issues raised in such disputes are related. Without the written consent of the Parties, the Company no unrelated disputes or third party disputes may not dispute any amounts with respect be joined to an invoice delivered in accordance with Section 3.8 that the Company has not objected arbitration pursuant to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26Agreement.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 17(l) and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 17(l) will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a а Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) 30 days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a а third arbitrator within thirty (30) 30 days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the OperatorXXXX, the Company Logistics or any of their Affiliates and (bii) have not less than seven (7) years’ years of experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Houston, Texas and commence within thirty (30) 30 days after the selection of the third arbitrator. The CompanyXXXX, the Operator Logistics and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contrary, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 11(f) and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 11(f) will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of any of the OperatorXxxxx Entities, the Company Partnership Entities or any of their Affiliates and (bii) have not less than seven (7) years’ years experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Dallas, Texas and commence within thirty (30) days after the selection of the third arbitrator. The CompanyXxxxx Entities, the Operator Partnership Entities and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contraryindirect, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter consequential, punitive or exemplary damages of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26kind.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 11(e) and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 11(e) will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of any of the OperatorXxxxx Entities, the Company Partnership Entities or any of their Affiliates and (bii) have not less than seven (7) years’ years experience in the energy petroleum transportation industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Dallas, Texas and commence within thirty (30) days after the selection of the third arbitrator. The CompanyXxxxx Entities, the Operator Partnership Entities and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damagesindirect, consequential, punitive or exemplary damages of any kind. Notwithstanding anything herein The Arbitrable Disputes may be arbitrated in a common proceeding along with disputes under other agreements between the contraryXxxxx Entities, the Company Partnership Entities or their Affiliates to the extent that the issues raised in such disputes are related. Without the written consent of the Parties, no unrelated disputes or third party disputes may not dispute any amounts with respect be joined to an invoice delivered in accordance with Section 3.8 that the Company has not objected arbitration pursuant to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26Agreement.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 12(e) and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 12(e) will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the Operatorany of Navajo Refining, the Company HEP Operating or any of their Affiliates and (bii) have not less than seven (7) years’ years experience in the energy petroleum transportation industry. The hearing will be Pipeline Throughput Agreement (Roadrunner) conducted in the State of Delaware or the Philadelphia Metropolitan area Dallas, Texas and commence within thirty (30) days after the selection of the third arbitrator. The CompanyNavajo Refining, the Operator HEP Operating and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damagesindirect, consequential, punitive or exemplary damages of any kind. Notwithstanding anything herein The Arbitrable Disputes may be arbitrated in a common proceeding along with disputes under other agreements between Navajo Refining, HEP Operating or their Affiliates to the contraryextent that the issues raised in such disputes are related. Without the written consent of the Parties, the Company no unrelated disputes or third party disputes may not dispute any amounts with respect be joined to an invoice delivered in accordance with Section 3.8 that the Company has not objected arbitration pursuant to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26Agreement.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 10.5 and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 10.5 will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the Operatoreither Seller, the Company Buyer or any of their respective Affiliates and (bii) have not less than seven (7) years’ experience in the energy petroleum transportation industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Dallas, Texas and commence within thirty (30) days after the selection of the third arbitrator. The CompanySellers, the Operator Buyer and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damagesindirect, consequential, punitive or exemplary damages of any kind. Notwithstanding anything herein The Arbitrable Disputes may be arbitrated in a common proceeding along with disputes under other agreements between Sellers, Buyer or their respective Affiliates to the contraryextent that the issues raised in such disputes are related. Without the written consent of the Parties, the Company no unrelated disputes or third party disputes may not dispute any amounts with respect be joined to an invoice delivered in accordance with Section 3.8 that the Company has not objected arbitration pursuant to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26Agreement.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 13(f) and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 13(f) will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the Operatorany of Tulsa Refining, the Company HEP Tulsa or any of their Affiliates and (bii) have not less than seven (7) years’ years experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Dallas, Texas and commence within thirty (30) days after the selection of the third arbitrator. The CompanyTulsa Refining, the Operator HEP Tulsa and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damagesindirect, consequential, punitive or exemplary damages of any kind. Notwithstanding anything herein The Arbitrable Disputes may be arbitrated in a common proceeding along with disputes under other agreements between the contraryTulsa Refining, HEP Tulsa or their Affiliates to the Company extent that the issues raised in such disputes are related. Without the written consent of the Parties, no unrelated disputes or third party disputes may not dispute any amounts with respect be joined to an invoice delivered in accordance with Section 3.8 that the Company has not objected arbitration pursuant to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26Agreement.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 13(e) and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 13(e) will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the Operatorany of HFRM, the Company HEP Operating, HEP Refining or any of their Affiliates and (bii) have not less than seven (7) years’ experience in the energy petroleum transportation industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Dallas, Texas and commence within thirty (30) days after the selection of the third arbitrator. The CompanyHFRM, the Operator HEP Operating, HEP Refining and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damagesindirect, consequential, punitive or exemplary damages of any kind. Notwithstanding anything herein The Arbitrable Disputes may be arbitrated in a common proceeding along with disputes under other agreements between HFRM, HEP Operating, HEP Refining or their Affiliates to the contraryextent that the issues raised in such disputes are related. Without Exhibit 10.28 the written consent of the Parties, the Company no unrelated disputes or third party disputes may not dispute any amounts with respect be joined to an invoice delivered in accordance with Section 3.8 that the Company has not objected arbitration pursuant to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26Agreement.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 30(d) and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 30(d) will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a а Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a а third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the OperatorDelek Refining, the Company Delek-Big Sandy or any xxx of their Affiliates and (bii) have not less than seven (7) years’ years experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Houston, Texas and commence within thirty (30) days after the selection of the third arbitrator. The CompanyDelek Refining, the Operator and the Delek-Big Sandy anx xxx arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contrary, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 11.12 and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 11.12 will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the OperatorDelek Refining, the Company Delek Marketing or any of their Affiliates and (bii) have not less than seven (7) years’ years experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Tyler, Texas and commence within thirty (30) days after the selection of the third arbitrator. The CompanyDelek Refining, the Operator Delek Marketing and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contrary, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days [Remainder of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26page intentionally left blank.]

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three (3) arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 19(m) and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 19(m) will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a а Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two (2) arbitrators so chosen shall select a а third (3rd) arbitrator within thirty (30) days after the second (2nd) arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third (3rd) arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the OperatorDKL, the Company Delek or any of their Affiliates respective affiliates and (bii) have not less than seven (7) years’ years of experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Brentwood, Tennessee and commence within thirty (30) days after the selection of the third (3rd) arbitrator. The CompanyDKL, the Operator Delek and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein Damages in favor of the contraryDelek, on the Company may not dispute any amounts with respect one hand (except to an invoice delivered in accordance with Section 3.8 that the Company has not objected extent such Special Damages (i) are awarded to within one hundred twenty a third-party or (120ii) days are the result of receipt thereof. No Event the gross negligence or willful misconduct of Default shall occur if DKL), or DKL, on the subject matter underlying other hand (except to the extent such potential Event Special Damages (x) are awarded to a third-party, or (y) are the result of Default is the subject matter fraud, gross negligence or willful misconduct of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26Delek).

Arbitration Provision. Any and all Arbitrable Disputes (except to To the extent injunctive relief is sought) the Releasing Class Member Parties or any one of them have any Arbitrable Claims remaining against the Released Defendant Parties, those claims shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case brought only in accordance with the Commercial following procedures (the “Arbitration Rules of the American Arbitration AssociationProvision”). Any such Arbitrable Claims shall be brought in an individual capacity only, as supplemented to the extent necessary to determine any procedural appeal questions by the not on a class or Aggregate basis, and shall be arbitrated. The Federal Arbitration Act (Title 9 shall govern the interpretation and enforcement of this Arbitration Provision. All issues shall be for an arbitrator to decide, except that only a court may decide issues relating to the United States Code)prohibition against class or Aggregate Actions. If there any Releasing Class Member Party intends to seek arbitration of a dispute, that party must provide the Released Defendant Party or Parties named in the arbitration with notice in writing. This notice of dispute to the Released Defendant Party or Parties named in the arbitration must be sent to the following address: Facebook Legal Department, Attn: Employment Law, Facebook, Inc., 0000 Xxxxxx Xx., Xxxxx Xxxx, XX 00000. The arbitration shall be governed by the JAMS Streamlined Arbitration Rules & Procedures (“JAMS Rules”) as modified by this Arbitration Provision, provided that the parties to any such arbitration will stipulate that a party may file a dispositive motion in the arbitration. The arbitration shall be administered by JAMS. If JAMS is unavailable, the parties shall agree to another arbitration provider. The arbitrator in a particular individual arbitration shall not be bound by rulings in other arbitrations in which the Releasing Class Member Party at issue is not a party. To the fullest extent permitted by applicable law, any inconsistency between this Article 26 evidentiary submissions made in arbitration shall be maintained as confidential in the absence of good cause for disclosure, and the Commercial Arbitration Rules arbitrator’s award shall be maintained as confidential; provided that the parties will have the option to opt out of these confidentiality provisions. The Defendant Released Party or Parties named in the Federal Arbitration Actarbitration shall pay for any filing, administrative, and arbitrator fees, unless the terms of this Article 26 will control claim for Other Damages is determined by the rights and obligations of arbitrator to be frivolous (as measured by the Parties. Arbitration must be initiated within the time limits standards set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute Federal Rule of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, andCivil Procedure 11(b)), in which case the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000Releasing Class Member Party shall be responsible for the Class Member’s own filing, such third arbitrator shall act as the sole arbitratoradministrative, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. Claimant will pay the compensation and expenses of the arbitrator named by or for it, and Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (a) be neutral parties who have never been officers, directors or employees of the Operator, the Company or any of their Affiliates and (b) have not less than seven (7) years’ experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area and commence within thirty (30) days after the selection of the third arbitrator. The Company, the Operator and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contrary, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26fees.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 11.3 and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 11.3 will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a а Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) 30 days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for HOU03:1337014 - 17 - appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a а third arbitrator within thirty (30) 30 days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (a) be neutral parties who have never been officers, directors or employees of the OperatorLessor, the Company Lessee or any of their Affiliates and (b) have not less than seven (7) years’ years experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Houston, Texas and commence within thirty (30) 30 days after the selection of the third arbitrator. The CompanyLessor, the Operator Lessee and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contrary, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 10(e) and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 10(e) will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Indemnification Proceeds and Payments Allocation Agreement Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the Operatorany of Xxxxx Tulsa, the Company HEP Tulsa or any of their Affiliates and (bii) have not less than seven (7) years’ years experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Dallas, Texas and commence within thirty (30) days after the selection of the third arbitrator. The CompanyXxxxx Tulsa, the Operator HEP Tulsa and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damagesindirect, consequential, punitive or exemplary damages of any kind. Notwithstanding anything herein The Arbitrable Disputes may be arbitrated in a common proceeding along with disputes under other agreements between Xxxxx Tulsa, HEP Tulsa or their Affiliates to the contraryextent that the issues raised in such disputes are related. Without the written consent of the Parties, the Company no unrelated disputes or third party disputes may not dispute any amounts with respect be joined to an invoice delivered in accordance with Section 3.8 that the Company has not objected arbitration pursuant to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26Agreement.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 11.12 and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 11.12 will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the OperatorCustomer, the Company Marketing or any of their Affiliates and (bii) have not less than seven (7) years’ experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Houston, Texas and commence within thirty (30) days after the selection of the third arbitrator. The CompanyCustomer, the Operator Marketing and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contrary, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 11.3 and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 11.3 will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) 30 days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) 30 days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (a) be neutral parties who have never been officers, directors or employees of the OperatorLessor, the Company Lessee or any of their Affiliates and (b) have not less than seven (7) years’ years experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Houston, Texas and commence within thirty (30) 30 days after the selection of the third arbitrator. The CompanyLessor, the Operator Lessee and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contrary, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section will control the rights and obligations of the Partiesparties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party party (“Claimant”) serving written notice on the other Party party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) 30 days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-30 day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) 30 days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-one- half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of any of the OperatorXxxxx Entities, the Company Partnership Entities or any of their Affiliates affiliates and (bii) have not less than seven (7) years’ years experience in the energy petroleum transportation industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Dallas, Texas and commence within thirty (30) 30 days after the selection of the third arbitrator. The CompanyXxxxx Entities, the Operator Partnership Entities and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties parties hereto. The arbitrators shall have no right to grant or award Special Damagesindirect, consequential, punitive or exemplary damages of any kind. Notwithstanding anything herein The Arbitrable Disputes may be arbitrated in a common proceeding along with disputes under other agreements between the contraryXxxxx Entities, the Company Partnership Entities or their Affiliates to the extent that the issues raised in such disputes are related. Without the written consent of Xxxxx, on behalf of the Xxxxx Entities, and the Partnership, on behalf of the Partnership Entities, no unrelated disputes or third party disputes may not dispute any amounts with respect be joined to an invoice delivered in accordance with Section 3.8 that the Company has not objected arbitration pursuant to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26Agreement.

Arbitration Provision. Any Except as provided in Section 9, any and all --------------------- Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section will control the rights and obligations of the Partiesparties. Arbitration must be initiated within the applicable time limits set forth in this Agreement, Agreement and not thereafter or if no such limits applytime limit is given, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party party (“"Claimant”") serving written notice on the other Party party (“"Respondent”") that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s 's notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) 30 days after receipt of Claimant’s 's notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-30 day period, Claimant shall petition to the American Arbitration Association for appointment of an arbitrator for Respondent’s 's account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) 30 days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (a) be neutral parties who have never been officers, directors or employees of the OperatorSunoco R&M, the Company Partnership Entities or any of their Affiliates affiliates and (b) have not less than seven (7) years’ years experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Philadelphia, Pennsylvania and commence within thirty (30) 30 days after the selection of the third arbitrator. The CompanySunoco R&M, the Operator Partnership Entities and the arbitrators shall should proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contraryindirect, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter consequential, punitive or exemplary damages of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26kind.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 9.5 and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 9.5 will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a а Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) 30 days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a а third arbitrator within thirty (30) 30 days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (a) be neutral parties who have never been officers, directors or employees of the Operatorany Contributor, the Company DKL PG or any of their respective Affiliates and (b) have not less than seven (7) years’ experience of in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Houston, Texas and commence within thirty (30) 30 days after the selection of the third arbitrator. The CompanyEach Contributor, the Operator DKL PG and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties heretoParties. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein Damages in favor of the contraryContributors, on the Company may not dispute any amounts with respect one hand (except to an invoice delivered in accordance with Section 3.8 that the Company has not objected extent such Special Damages (i) are awarded to within one hundred twenty a third-party or (120ii) days are the result of receipt thereof. No Event the gross negligence or willful misconduct of Default shall occur if DKL PG), or DKL PG, on the subject matter underlying other hand (except to the extent such potential Event Special Damages (x) are awarded to a third-party, or (y) are the result of Default is the subject matter fraud, gross negligence or willful misconduct of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26Contributor).

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 13(e) and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 13(e) will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the Operatorany of Frontier Cheyenne, the Company Cheyenne Logistics, or any of their Affiliates and (bii) have not less than seven (7) years’ years experience in the energy petroleum transportation industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Dallas, Texas and commence within thirty (30) days after the selection of the third arbitrator. The CompanyFrontier Cheyenne, the Operator Cheyenne Logistics, and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damagesindirect, consequential, punitive or exemplary damages of any kind. Notwithstanding anything herein The Arbitrable Disputes may be arbitrated in a common proceeding along with disputes under other agreements between Frontier Cheyenne, Cheyenne Logistics, or their Affiliates to the contraryextent that the issues raised in such disputes are related. Without the written consent of the Parties, the Company no unrelated disputes or third party disputes may not dispute any amounts with respect be joined to an invoice delivered in accordance with Section 3.8 that the Company has not objected arbitration pursuant to within one hundred twenty this Agreement. Tankage, Loading Rack and Crude Oil Receiving Throughput Agreement (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26.Cheyenne)

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section will control the rights and obligations of the Partiesparties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party party (“Claimant”) serving written notice on the other Party party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) 30 days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-30 day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) 30 days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of any of the OperatorXxxxx Entities, the Company Partnership Entities or any of their Affiliates affiliates and (bii) have not less than seven (7) years’ years experience in the energy petroleum transportation industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Dallas, Texas and commence within thirty (30) 30 days after the selection of the third arbitrator. The CompanyXxxxx Entities, the Operator Partnership Entities and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties parties hereto. The arbitrators shall have no right to grant or award Special Damagesindirect, consequential, punitive or exemplary damages of any kind. Notwithstanding anything herein The Arbitrable Disputes may be arbitrated in a common proceeding along with disputes under other agreements between the contraryXxxxx Entities, the Company Partnership Entities or their Affiliates to the extent that the issues raised in such disputes are related. Without the written consent of Xxxxx, on behalf of the Xxxxx Entities, and the Partnership, on behalf of the Partnership Entities, no unrelated disputes or third party disputes may not dispute any amounts with respect be joined to an invoice delivered in accordance with Section 3.8 that the Company has not objected arbitration pursuant to within one hundred twenty (120) days of receipt thereofthis Agreement. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26.24

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 27 and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 27 will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. Claimant will pay the compensation and expenses of the arbitrator named by or for it, and Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (a) be neutral parties who have never been officers, directors or employees of the Operator, the Company or any of their Affiliates and (b) have not less than seven (7) years’ experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area and commence within thirty (30) days after the selection of the third arbitrator. The Company, the Operator and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contrary, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 Article 4 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 27 until such time that such dispute is resolved in accordance with this Article 2627.

Arbitration Provision. Any and all Arbitrable Disputes (except In the event the PARTIES are unable to reach agreement with respect to any matter which is to be subject to arbitration in accordance with the extent injunctive relief is sought) shall License Agreement, as applicable, such will be resolved determined through the use of binding arbitration usingin Boston, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case Massachusetts in accordance with the Commercial Rules of Arbitration Rules of the American Arbitration Association, as supplemented . The arbitration panel shall be comprised of three (3) arbitrators. Each Party shall be entitled to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code)appoint one arbitrator. If there is any inconsistency between this Article 26 and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. Respondent The PARTIES shall respond to Claimant appoint their respective arbitrators within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointedsubmission for arbitration. If Respondent fails for any reason either PARTY shall fail to name an make timely appointment of its arbitrator, the arbitration shall be heard and decided by the sole arbitrator within duly appointed by the 30-day periodother PARTY. Where both PARTIES have timely appointed their respective arbitrators, Claimant the two arbitrators so appointed shall petition agree on the appointment of the third arbitrator from the list of arbitrators maintained by the American Arbitration Association for appointment of an arbitrator for Respondent’s accountAssociation. The two If the PARTIES' appointed arbitrators so chosen shall select a third arbitrator fail to agree. within thirty (30) days after from the second arbitrator has date both PARTIES' arbitrators have been appointed, and, in on the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. Claimant will pay the compensation and expenses of the arbitrator named by or for it, and Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. Claimant and Respondent will each pay one-half of the compensation and expenses identity of the third arbitrator. All arbitrators must (a) , then such arbitrator shall be neutral parties who have never been officers, directors or employees appointed by the appropriate administrative body of the OperatorAmerican Arbitration Association. Within ten (10) days of appointment of the full arbitration panel, the Company or any PARTIES shall exchange their final proposed positions with respect to the matters to be arbitrated, which shall approximate as closely as possible the closest positions of their Affiliates and (b) have not less than seven (7) years’ experience the parties previously taken in the energy industrynegotiations. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area and commence within Within thirty (30) days after the selection of appointment of the third arbitratorarbitration Panel, each PARTY shall submit to the arbitrators a copy of the proposed position which it previously delivered to the other PARTY, together with a brief or other written memorandum supporting the merits of its proposed position. The Companyarbitration panel shall promptly convene a hearing, at which time each PARTY shall have one (1) hour to argue in support of its proposed position. The PARTIES will not call any witnesses in support of their arguments. The arbitration panel shall select either of the Operator and PARTY's proposed position on the issue as the binding final decision to be embodied as an agreement between the PARTIES. In making their selection, the arbitrators shall proceed diligently not modify the terms or conditions of either PARTY's proposed position; nor will the arbitrators combine provisions from both proposed position. In making their selection, the arbitrators shall consider the terms and in good faith in order that conditions of this Agreement, the award relative merits of the proposed position and the written and oral arguments of the PARTIES. In the event the arbitrators seek the guidance of the law of any jurisdiction, the law of the State of New York shall govern. The arbitrators shall make their decision known to the PARTIES as quickly as possible by delivering written notice of their decision to both PARTIES. Such written notice need not justify their decision. The PARTIES will execute any and all papers necessary to obligate the parties to the position selected by the arbitration Panel within five (5) days of receipt of notice of such selection. The decision of the arbitrators shall be final and binding on the PARTIES, and specific performance may be made as promptly as possibleordered by any court of competent jurisdiction. Except as provided The PARTIES will bear their own costs in preparing for the Federal Arbitration Act, the decision arbitration. The costs of the arbitrators will be binding on and non-appealable by equally divided between the Parties hereto. The arbitrators shall have no right to grant or award Special DamagesPARTIES. Notwithstanding anything herein to the contrary, prior to initiating arbitration, the Company may issues shall be submitted to the Chief Executive Officer of each of the PARTIES in an attempt to resolve the issues by good faith, mediation or negotiations by such Chief Executive Officers. If the issues have not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to been resolved within one hundred twenty sixty (12060) days after submission to the Chief Executive Officers, then either PARTY may initiate arbitration as set forth herein. EXHIBIT C LOXO LICENSE AGREEMENT LICENSE AGREEMENT THIS AGREEMENT, effective as of receipt thereofthe ___ day of _____________, 2000 (the "EFFECTIVE DATE") between LOXO AG, a Swiss corporation having a place of business at c/o Xx. No Event Xxxxxxx Xxxxxxx, Xxxxx and Xxxxxx, Xxxxxxxxxxxxxxx 0, 0000, Xxxxx Xxxxxxxxxxx ("LOXO"), and NOVARTIS PHARMA AG, a Swiss corporation having a place of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26business at Xxxxxxxxxxxx 00, XX-0000 Xxxxx, Xxxxxxxxxxx ("NOVARTIS").

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 13(e) and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 13(e) will control the rights and obligations SECOND AMENDED AND RESTATED PIPELINE DELIVERY, TANKAGE AND LOADING RACK THROUGHPUT AGREEMENT (EL DORADO) of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the Operatorany of Frontier El Dorado, the Company El Dorado Logistics, or any of their Affiliates and (bii) have not less than seven (7) years’ years experience in the energy petroleum transportation industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Dallas, Texas and commence within thirty (30) days after the selection of the third arbitrator. The CompanyFrontier El Dorado, the Operator El Dorado Logistics, and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damagesindirect, consequential, punitive or exemplary damages of any kind. Notwithstanding anything herein The Arbitrable Disputes may be arbitrated in a common proceeding along with disputes under other agreements between Frontier El Dorado, El Dorado Logistics, or their Affiliates to the contraryextent that the issues raised in such disputes are related. Without the written consent of the Parties, the Company no unrelated disputes or third party disputes may not dispute any amounts with respect be joined to an invoice delivered in accordance with Section 3.8 that the Company has not objected arbitration pursuant to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26Agreement.

Arbitration Provision. Any Except as provided in Section 9, any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section will control the rights and obligations of the Partiesparties. Arbitration must be initiated within the applicable time limits set forth in this Agreement, Agreement and not thereafter or if no such limits applytime limit is given, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party party (“"Claimant”") serving written notice on the other Party party (“"Respondent”") that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s 's notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) 30 days after receipt of Claimant’s 's notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-30 day period, Claimant shall petition to the American Arbitration Association for appointment of an arbitrator for Respondent’s 's account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) 30 days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (a) be neutral parties who have never been officers, directors or employees of the OperatorUDS, the Company Operating Partnership or any of their Affiliates affiliates and (b) have not less than seven (7) years’ years experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area San Antonio, Texas and commence within thirty (30) 30 days after the selection of the third arbitrator. The CompanyUDS, the Operator Operating Partnership and the arbitrators shall should proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contraryindirect, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter consequential, punitive or exemplary damages of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26kind.

Arbitration Provision. Any and all Arbitrable Disputes (except In the event the Parties are unable to reach agreement with respect to any matter which is to be subject to arbitration in accordance with the extent injunctive relief is sought) shall Shareholders Agreement, as applicable, such will be resolved determined through the use of binding arbitration usingin New York, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case New York in accordance with the Commercial Rules of Arbitration Rules of the American Arbitration Association, as supplemented . The arbitration panel shall be comprised of three (3) arbitrators. Each Party shall be entitled to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code)appoint one arbitrator. If there is any inconsistency between this Article 26 and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. Respondent The Parties shall respond to Claimant appoint their respective arbitrators within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointedsubmission for arbitration. If Respondent fails for any reason either Party shall fail to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for make timely appointment of an its arbitrator, the arbitration shall be heard and decided by the sole arbitrator for Respondent’s accountduly appointed by the other Party. The Where both Parties have timely appointed their respective arbitrators, the two arbitrators so chosen appointed shall select a agree on the appointment of the third arbitrator from the list of arbitrators maintained by the American Arbitrator Association. If the Parties' appointed arbitrators shall fail to agree, within thirty (30) days after from the second arbitrator has date both Parties' arbitrators have been appointed, and, in on the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. Claimant will pay the compensation and expenses of the arbitrator named by or for it, and Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. Claimant and Respondent will each pay one-half of the compensation and expenses identity of the third arbitrator. All arbitrators must (a) , then such arbitrator shall be neutral parties who have never been officers, directors or employees appointed by the appropriate administrative body of the OperatorAmerican Arbitration Association. Within ten (10) days of appointment of the full arbitration panel, the Company or any Parties shall exchange their final proposed positions with respect to the matters to be arbitrated, which shall approximate as closely as possible the closest positions of their Affiliates and (b) have not less than seven (7) years’ experience the parties previously taken in the energy industrynegotiations. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area and commence within Within thirty (30) days after the selection of appointment of the third arbitratorarbitration Panel, each Party shall submit to the arbitrators a copy of the proposed position which it previously delivered to the other Party, together with a brief or other written memorandum supporting the merits of its proposed position. The Companyarbitration panel shall promptly convene a hearing, at which time each Party shall have one (1) hour to argue in support of its proposed position. The Parties will not call any witnesses in support of their arguments. The arbitration panel shall select either the Operator and Party's proposed position on the issue as the binding final decision to be embodied as an agreement between the Parties. In making their selection, the arbitrators shall proceed diligently not modify the terms or conditions of either Party's proposed position; nor will the arbitrators combine provisions from both proposed position. In making their selection, the arbitrators shall consider the terms and in good faith in order that conditions of this Agreement, the award relative merits of the proposed position and the written and oral arguments of the Parties. In the event the arbitrators seek the guidance of the law of any jurisdiction, the law of the State of New York shall govern. The arbitrators shall make their decision known to the Parties as quickly as possible by delivering written notice of their decision to both Parties. Such written notice need not justify their decision. The Parties will execute any and all papers necessary to obligate the parties to the position selected by the arbitration panel within five (5) days of receipt of notice of such selection. The decision of the arbitrators shall be final and binding on the Parties, and specific performance may be made as promptly as possibleordered by any court of competent jurisdiction. Except as provided The Parties will bear their own costs in preparing for the Federal Arbitration Act, the decision arbitration. The costs of the arbitrators will be binding on and non-appealable by equally divided between the Parties hereto. The arbitrators shall have no right to grant or award Special DamagesParties. Notwithstanding anything herein to the contrary, prior to initiating arbitration, the Company may issues shall be submitted to the Chief Executive Officer of each of the Parties in an attempt to resolve the issues by good faith, mediation or negotiations by such Chief Executive Officers. If the issues have not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to been resolved within one hundred twenty sixty (12060) days of receipt thereof. No Event of Default shall occur if after submission to the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or Chief Executive Officers, then either Party may initiate arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26as set forth herein.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section will control the rights and obligations of the Partiesparties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party party (“Claimant”) serving written notice on the other Party party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) 30 days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-30 day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) 30 days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of any of the OperatorXxxxx Entities, the Company Partnership Entities or any of their Affiliates affiliates and (bii) have not less than seven (7) years’ years experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Dallas, Texas and commence within thirty (30) 30 days after the selection of the third arbitrator. The CompanyXxxxx Entities, the Operator Partnership Entities and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties parties hereto. The arbitrators shall have no right to grant or award Special Damagesindirect, consequential, punitive or exemplary damages of any kind. Notwithstanding anything herein The Arbitrable Disputes may be arbitrated in a common proceeding along with disputes under other agreements between the contraryXxxxx Entities, the Company Partnership Entities or their Affiliates to the extent that the issues raised in such disputes are related. Without the written consent of Xxxxx, on behalf of the Xxxxx Entities, and the Partnership, on behalf of the Partnership Entities, no unrelated disputes or third party disputes may not dispute any amounts with respect be joined to an invoice delivered in accordance with Section 3.8 that the Company has not objected arbitration pursuant to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26Agreement.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, ; or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. Claimant will pay the compensation and expenses of the arbitrator named by or for it, and Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (a) be neutral parties who have never been officers, directors or employees of the Operator, the Company or any of their Affiliates and (b) have not less than seven (7) years’ experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area and commence within thirty (30) days after the selection of the third arbitrator. The Company, the Operator and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contrary, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26.

Arbitration Provision. Any Except as permitted under Section 10(i), any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section 10(e) and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section 10(e) will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of the Operatorany of Tulsa Refining, the Company HEP Tulsa or any of their Affiliates and (bii) have not less than seven (7) years’ years experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Dallas, Texas and commence within thirty (30) days after the selection of the third arbitrator. The CompanyTulsa Refining, the Operator HEP Tulsa and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damagesindirect, consequential, punitive or exemplary damages of any kind. Notwithstanding anything herein The Arbitrable Disputes may be arbitrated in a common proceeding along with disputes under other agreements between Tulsa Refining, HEP Tulsa or their Affiliates to the contraryextent that the issues raised in such disputes are related. Without the written consent of the Parties, the Company no unrelated disputes or third party disputes may not dispute any amounts with respect be joined to an invoice delivered in accordance with Section 3.8 that the Company has not objected arbitration pursuant to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26Agreement.

Arbitration Provision. Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall must be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, using three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 Section and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 Section will control the rights and obligations of the Partiesparties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party party (“Claimant”) serving written notice on the other Party party (“Respondent”) that the Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. The Respondent shall respond to Claimant within thirty (30) 30 days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If the Respondent fails for any reason to name an arbitrator within the 30-30 day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) 30 days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. The Claimant will pay the compensation and expenses of the arbitrator named by or for it, and the Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. The Claimant and Respondent will each pay one-one- half of the compensation and expenses of the third arbitrator. All arbitrators must (ai) be neutral parties who have never been officers, directors or employees of any of the OperatorXxxxx Entities, the Company Partnership Entities or any of their Affiliates affiliates and (bii) have not less than seven (7) years’ years experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area Dallas, Texas and commence within thirty (30) 30 days after the selection of the third arbitrator. The CompanyXxxxx Entities, the Operator Partnership Entities and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contraryindirect, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter consequential, punitive or exemplary damages of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26kind.