All Provisions in Effect. During any Designation Period, all provisions of this Agreement, as amended or adjusted by this Article 28, shall be in full force and effect with respect to X. Xxxx and the X. Xxxx Materials as if X. Xxxx were Party hereto in place of the Company, subject however to the following:
All Provisions in Effect. All provisions of the Agreement, as amended or adjusted by this Section 22, shall be in full force and effect with respect to X. Xxxx Product as if the X. Xxxx Product was owned by ALON.
All Provisions in Effect. During any Designation Period, all provisions of this Agreement, as amended or adjusted by this Section 22, shall be in full force and effect with respect to the Intermediary and the Intermediary Materials as if the Intermediary were Party hereto in place of DKTS, subject however to the following:
All Provisions in Effect. Except as amended hereby, all of the terms and conditions of the Agreement shall remain in full force and effect as provided therein. [Signatures appear on the following page.] This Third Amendment has been executed as of the date first above written. HEP: XXXXX ENERGY PARTNERS, L.P. By: Xxxxx Logistics Holdings, L.P. General Partner By: Xxxxx Logistics Services, L.L.C., General Partner By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: President Date: June 6, 2011 ALON: ALON USA, L.P. By: ALON USA GP, LLC, General Partner By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Vice President Date: June 6, 2011
All Provisions in Effect. Except as amended hereby, all of the terms and conditions of the Agreement shall remain in full force and effect as provided therein. [Signatures appear on the following page.] This Third Amendment has been executed as of the date first above written. HEP: XXXXX ENERGY PARTNERS, L.P. By: HEP Logistics Holdings, L.P., General Partner By: Xxxxx Logistic Services, L.L.C., General Partner By: Name: Title: Date: ALON: ALON USA, L.P. By: ALON USA GP, LLC, General Partner By: Name: Title: Date:
All Provisions in Effect. During any Designation Period, all provisions of this Agreement, as amended or adjusted by this Section 22, shall be in full force and effect with respect to X. Xxxx and the X. Xxxx Materials as if X. Xxxx were Party hereto in place of Lion, subject however to the following: (i) X. Xxxx’x sole payment obligation hereunder shall be to pay any amounts from time to time due under (i) Sections 2(c), 2(d), and 2(h) with respect to services actually rendered hereunder by Logistics with respect to the X. Xxxx Materials and (ii) Section 19 with respect to Liabilities directly or indirectly arising out of the activities of X. Xxxx under this Agreement; provided that if, at any time, X. Xxxx elects for any reason to make any payment to Logistics in respect of any amount owing by Lion to Logistics hereunder, such payment shall not constitute, and shall not be deemed to result in, the assumption by X. Xxxx of any payment or other obligations of Lion under this Agreement; (ii) in no event shall X. Xxxx have any responsibility for the operations or maintenance of the Tankage and the Terminal or the handling of any Materials held in or transported through the Tankage and the Terminal or otherwise be deemed to have assumed any non-monetary obligations of Lion for such operations, maintenance or handling under this Agreement, all of which responsibilities and obligations shall remain exclusively responsibilities and obligations of Logistics and Lion, subject to any allocation of such responsibilities and obligations between such parties in accordance with the terms of this Agreement; (iii) Lion shall remain solely liable for, and X. Xxxx shall have no liability or obligation for, (1) meeting any Minimum Throughput Commitment under Section 2(b), (2) any Shortfall Payments under Section 2(e), (3) any amounts payable under Section 2(h) (other than Throughput Fees for Actual Throughput of X. Xxxx Materials to the extent due under Section 2(c)), (4) any Deficiency Payments under Section 9 (other than with respect to Throughput Fees for Actual Throughput of X. Xxxx Materials to the extent due under Section 2(c)), or (5) any payment obligations in connection with a Capacity Resolution under Section 10(c), and Logistics shall invoice Lion directly for such amounts or obligations; (iv) without limiting the foregoing, the following rights and benefits will run in favor of X. Xxxx: (i) any rights with respect to custody and title to the X. Xxxx Materials - 40 - subject to this Agreem...
