Common use of Construction of New Tank Clause in Contracts

Construction of New Tank. HEP Operating shall, or shall cause its Affiliate to, use its commercially reasonable efforts to construct a New Tank at the Cheyenne Refinery in accordance with the specifications set forth on Exhibit I-3. If HEP Operating or its Affiliate should fail to complete the New Tank is not completed or if the New Tank Commencement Date does not occur for the New Tank for a reason related to the fault of HEP Operating or its Affiliate or a matter that is within or under the control of HEP Operating or its Affiliate, HEP Operating shall bear all costs, liabilities and expenses with respect to such incomplete New Tank, and if HEP Operating or its Affiliate should fail to complete the New Tank or if the New Tank Commencement Date does not occur for the New Tank for any other reason, HFRM shall reimburse HEP Operating or its Affiliate for all costs, liabilities and expenses incurred by HEP Operating or its Affiliate with respect to such incomplete New Tank. Promptly following the New Tank Commencement Date, HEP Operating will deliver a written certification to HFRM certifying the final aggregate construction costs for the New Tank (the “Final Construction Cost”). Additionally, promptly following the New Tank Commencement Date, the Parties shall execute an amended Exhibit I-2 reflecting the addition of the New Tank and attach it to this Agreement. Such amended Exhibit I-2 shall be numbered Exhibit I-2.1, dated and appended as an additional schedule to this Agreement and shall replace the prior version of Exhibit I-2 in its entirety after its date of effectiveness.

Construction of New Tank. HEP Operating shall, or shall cause its Affiliate to, use its commercially reasonable efforts to construct a New Tank at the Cheyenne El Dorado Refinery in accordance with the specifications set forth on Exhibit I-3H-3. If HEP Operating or its Affiliate should fail to complete the New Tank is not completed or if the New Tank Commencement Date does not occur for the New Tank for a reason related to the fault of HEP Operating or its Affiliate or a matter that is within or under the control of HEP Operating or its Affiliate, HEP Operating shall bear all costs, liabilities and expenses with respect to such incomplete New Tank, and if HEP Operating or its Affiliate should fail to complete the New Tank or if the New Tank Commencement Date does not occur for the New Tank for any other reason, HFRM shall reimburse HEP Operating or its Affiliate for all costs, liabilities and expenses incurred by HEP Operating or its Affiliate with respect to such incomplete New Tank. Promptly following the New Tank Commencement Date, HEP Operating will deliver a written certification to HFRM certifying the final aggregate construction costs Final Construction Cost for the New Tank (the “Final Construction Cost”)Tank. Additionally, promptly following the New Tank Commencement Date, the Parties shall execute an amended Exhibit I-2 H-2 reflecting the addition of the New Tank and attach it to this Agreement. Such amended Exhibit I-2 H-2 shall be numbered Exhibit I-2.1H-2.1, dated and appended as an additional schedule to this Agreement and shall replace the prior version of Exhibit I-2 H-2 in its entirety after its date of effectiveness. The Refined Products Truck Loading Rack and the Propane Truck Loading Rack transferred to El Dorado Logistics pursuant to that certain Conveyance, Assignment and Xxxx of Sale (El Dorado), dated effective as of October 25, 2011, by and between Frontier El Dorado and El Dorado Logistics.

Construction of New Tank. HEP Operating shall, or shall cause its Affiliate to, use its commercially reasonable efforts to construct a New Tank at the Cheyenne El Dorado Refinery in accordance with the specifications set forth on Exhibit I-3H-3. If HEP Operating or its Affiliate should fail to complete the New Tank is not completed or if the New Tank Commencement Date does not occur for the New Tank for a reason related to the fault of HEP Operating or its Affiliate or a matter that is within or under the control of HEP Operating or its Affiliate, HEP Operating shall bear all costs, liabilities and expenses with respect to such incomplete New Tank, and if HEP Operating or its Affiliate should fail to complete the New Tank or if the New Tank Commencement Date does not occur for the New Tank for any other reason, HFRM shall reimburse HEP Operating or its Affiliate for all costs, liabilities and expenses incurred by HEP Operating or its Affiliate with respect to such incomplete New Tank. Promptly following the New Tank Commencement Date, HEP Operating will deliver a written certification to HFRM certifying the final aggregate construction costs for the New Tank (the “Final Construction Cost”). Additionally, promptly following the New Tank Commencement Date, the Parties shall execute an amended Exhibit I-2 H-2 reflecting the addition of the New Tank and attach it to this Agreement. Such amended Exhibit I-2 H-2 shall be numbered Exhibit I-2.1H-2.1, dated and appended as an additional schedule to this Agreement and shall replace the prior version of Exhibit I-2 H-2 in its entirety after its date of effectiveness. The Refined Products Truck Loading Rack and the Propane Truck Loading Rack transferred to El Dorado Logistics pursuant to that certain Conveyance, Assignment and Xxxx of Sale (El Dorado), dated effective as of October 25, 2011, by and between Frontier El Dorado and El Dorado Logistics.

Construction of New Tank. HEP Operating shall, or shall cause its Affiliate to, use its commercially reasonable efforts to construct a New Tank at the Cheyenne Tulsa Refinery in accordance with the specifications set forth on Exhibit I-3J-6. If HEP Operating or its Affiliate should fail to complete the New Tank is not completed or if the New Tank Commencement Date does not occur for the New Tank for a reason related to the fault of HEP Operating or its Affiliate or a matter that is within or under the control of HEP Operating or its Affiliate, HEP Operating shall bear all costs, liabilities and expenses with respect to such incomplete New Tank, and if HEP Operating or its Affiliate should fail to complete the New Tank or if the New Tank Commencement Date does not occur for the New Tank for any other reason, HFRM shall reimburse HEP Operating or its Affiliate for all costs, liabilities and expenses incurred by HEP Operating or its Affiliate with respect to such incomplete New Tank. Promptly following the New Tank Commencement Date, HEP Operating will deliver a written certification to HFRM certifying the final aggregate construction costs Final Construction Cost for the New Tank (the “Final Construction Cost”)Tank. Additionally, promptly following the New Tank Commencement Date, the Parties shall execute an amended Exhibit I-2 J-3 reflecting the addition of the New Tank and attach it to this Agreement. Such amended Exhibit I-2 J-3 shall be numbered Exhibit I-2.1J-3.1, dated and appended as an additional schedule to this Agreement and shall replace the prior version of Exhibit I-2 J-3 in its entirety after its date of effectiveness. The Propane Truck Loading Rack, Asphalt Truck Loading Rack and Gas Oil Truck Loading Rack transferred to HEP Tulsa LLC pursuant to that certain Xxxx of Sale, Assignment and Assumption Agreement, dated December 1, 2009, by and between Xxxxxxxx Tulsa Refining Company and HEP Tulsa LLC. The two Product Delivery Pipelines transferred to HEP Tulsa LLC pursuant to that certain Xxxx of Sale, Assignment and Assumption Agreement, dated December 1, 2009, by and between Xxxxxxxx Tulsa Refining Company and HEP Tulsa LLC. 10 ULSD #2 (XT) 37,500 11 ULSD #2 (XT) 37,500 45 Decant 5,700 102 Kerosene 37,500 103 Kerosene 37,500 104A ULSD #2 (XT) 37,500 110 ULSD #1 37,500 111 Kerosene 37,500 115 ULSD #2 (XT) 150,421 215 ULSD #2 (XT) 150,421 116 Kerosene 37,500 117 ULSD #2 (XT) 63,300 444A Naptha 32,000 450A Premium Unleaded 12,574 451 USLD #2 (XT) 11,700 452A USLD #2 (XT) 12,000 464A Unleaded Regular 73,000 465 Unleaded Regular 79,320 466 Unleaded Regular 79,320 467A Unleaded Regular 73,000 470A Unleaded Regular 151,020 472 Unleaded Regular 151,000 473A Premium Unleaded (ST) 151,020 601 Unleaded Regular 18,634 602 Premium Unleaded (ST) 10,743 603 USLD #2 (XT) 2,000 605 Ethanol 3,528 606 Empty 500 The Rail Loading Rack transferred to HEP Tulsa LLC pursuant to that certain Conveyance, Assignment and Xxxx of Sale, dated March 31, 2010, by and between Xxxxx Refining & Marketing – Tulsa LLC and HEP Tulsa LLC. 2 Crude 130,000 3 Crude 116,579 8 Crude 130,233 123 CSO 37,500 471 Unleaded Gasoline 71,371 107A Flux/Asphalt 55,954 108A Flux/Asphalt 37,500 109 Flux/Asphalt 37,500 125 Flux/Asphalt 37,500 131 Flux/Asphalt 37,500 442 Gasoline blendstock 11,700 445A Gasoline blendstock 32,787 446 Gasoline blendstock 11,700 460 LSR 80,000 461A LSR 80,000 17 FCCU LCO 37,500 114 Raw Diesel 131,000 9 Raw gas oil 150,260 15 Raw gas oil 130,000 16 Raw gas oil-Sour 151,078 6A Raw naphtha 69,082 4 Scanfiner feed 120,566 40 Raw gas oil 5,734 41 CSO 4,032 34 Truck loading-64/22 asphalt 11,798 36A Truck loading-58/28 asphalt 11,500 124A Flux/Asphalt 37,500 18A Slop 37,500 31 Slop 15,000 7A Naptha 69,082 14 Naptha 55,000 1. El Dorado Terminal Operation. HEP Operating will use commercially reasonable efforts to maintain the El Dorado Terminal’s current connections to the pipelines owned and operated by (a) Osage Pipe Line Company, LLC (the “Osage Pipeline”), (b) Rose Rock Midstream, L.P. (the “Rose Rock Pipeline”), and (c) MV Purchasing, LLC (the “MVP Pipeline”), but shall not be required to expend additional monies in connection therewith unless agreed separately in writing with HFRM. HFRM may request HEP Operating to connect the El Dorado Crude Tankage to new pipelines, whether owned by third parties or by HFRM, subject to HEP Operating’s approval of such connections and the engineering standards related to such; HEP Operating will not unreasonably withhold such approval. If HEP Operating approves any new connection requested by HFRM, HFRM will reimburse HEP Operating the actual expenses incurred by HEP Operating that are associated with such connection, plus an administrative charge of fifteen percent (15%). In addition, the Minimum Throughput Commitment will be increased to account for any additional expense HEP Operating bears in connection with ongoing operating expenses associated with such requested pipeline connection. Any HEP Operating expenditures requested by HFRM beyond pipeline connections will be negotiated separately.

Construction of New Tank. HEP Operating shall, or shall cause its Affiliate to, use its commercially reasonable efforts to construct a New Tank at the Cheyenne Refinery in accordance with the specifications set forth on Exhibit I-3I-4. If HEP Operating or its Affiliate should fail to complete the New Tank is not completed or if the New Tank Commencement Date does not occur for the New Tank for a reason related to the fault of HEP Operating or its Affiliate or a matter that is within or under the control of HEP Operating or its Affiliate, HEP Operating shall bear all costs, liabilities and expenses with respect to such incomplete New Tank, and if HEP Operating or its Affiliate should fail to complete the New Tank or if the New Tank Commencement Date does not occur for the New Tank for any other reason, HFRM shall reimburse HEP Operating or its Affiliate for all costs, liabilities and expenses incurred by HEP Operating or its Affiliate with respect to such incomplete New Tank. Promptly following the New Tank Commencement Date, HEP Operating will deliver a written certification to HFRM certifying the final aggregate construction costs Final Construction Cost for the New Tank (the “Final Construction Cost”)Tank. Additionally, promptly following the New Tank Commencement Date, the Parties shall execute an amended Exhibit I-2 reflecting the addition of the New Tank and attach it to this Agreement. Such amended Exhibit I-2 shall be numbered Exhibit I-2.1, dated and appended as an additional schedule to this Agreement and shall replace the prior version of Exhibit I-2 in its entirety after its date of effectiveness.

Construction of New Tank. HEP Operating shall, or shall cause its Affiliate to, use its commercially reasonable efforts to construct a New Tank at the Cheyenne El Dorado Refinery in accordance with the specifications set forth on Exhibit I-3H-3. If HEP Operating or its Affiliate should fail to complete the New Tank is not completed or if the New Tank Commencement Date does not occur for the New Tank for a reason related to the fault of HEP Operating or its Affiliate or a matter that is within or under the control of HEP Operating or its Affiliate, HEP Operating shall bear all costs, liabilities and expenses with respect to such incomplete New Tank, and if HEP Operating or its Affiliate should fail to complete the New Tank or if the New Tank Commencement Date does not occur for the New Tank for any other reason, HFRM shall reimburse HEP Operating or its Affiliate for all costs, liabilities and expenses incurred by HEP Operating or its Affiliate with respect to such incomplete New Tank. Promptly following the New Tank Commencement Date, HEP Operating will deliver a written certification to HFRM certifying the final aggregate construction costs for the New Tank (the “Final Construction Cost”). Additionally, promptly following the New Tank Commencement Date, the Parties shall execute an amended Exhibit I-2 H-2 reflecting the addition of the New Tank and attach it to this Agreement. Such amended Exhibit I-2 H-2 shall be numbered Exhibit I-2.1H-2.1, dated and appended as an additional schedule to this Agreement and shall replace the prior version of Exhibit I-2 H-2 in its entirety after its date of effectiveness.. to Amended and Restated Master Throughput Agreement El Dorado Loading Rack The Refined Products Truck Loading Rack and the Propane Truck Loading Rack transferred to El Dorado Logistics pursuant to that certain Conveyance, Assignment and Xxxx of Sale (El Dorado), dated effective as of October 25, 2011, by and between Frontier El Dorado and El Dorado Logistics. Exhibit H-2 to Amended and Restated Master Throughput Agreement El Dorado Tankage TANK ID NUMBER CURRENT SERVICE/PRODUCT NOMINAL CAPACITY, BBLS 1 Naptha 2,885 2 Naptha 2,885 3 ULSD 40,425 15 ULSD 12,422 16 Light Slop 28,880 17 Gasoline 92,740 18 Gasoline 88,600 19 Gasoline 90,733 20 Finish Gasoline 17,961 21 ULSD 120,639 23 ULSD 113,182 24 ULSD 119,269 25 Av Jet 65,117 29 CRU1 Feed 33,723 30 CRU2 Feed 39,417 31 ULSD 23,792 32 Finish Gasoline 74,847 64 Gasoline 17,961 65 Gasoline 17,941 66 Naptha 22,582 75 ULS k 24,938 78 ULS k 9,226 127 Heavy Slop 20,504 652 Sour Distilate 90,000 642 HTU2 Chg. 78,511 134 HTU2 Chg. 76,492 649 HTU4 CHg. 100,000 137 Gas Oil/Sour diesel 191,899 138 Gas Oil 194,091 139 Gas Oil 74,792 142 Gas Oil 191,563 143 Gas Oil 191,570 159 Slurry 9,778 167 Slurry 8,908 650 ULSD Dock 36,000 178 Coke Charge/Swing Tank 80,000 Exhibit H-2 TANK ID NUMBER CURRENT SERVICE/PRODUCT NOMINAL CAPACITY, BBLS 192 Idled 8,908 212 Xxxxx Chg. 76,524 213 Asphalt 77,675 215 AV Jet 67,529 216 Alkylate 72,618 218 Gas Oil 77,675 219 Reformate 71,466 220 Swing Tank 71,495 221 Gasoline Swing 71,508 222 Gasoline Swing 71,509 223 Reformate 72,893 224 Jet Fuel 71,534 225 HTU1 Chg, kerosene 28,882 226 Finish Gasoline 27,679 227 Natural Gasoline 27,701 230 Diesel (RAM) 4,780 231 Light Cycle (RAM) 1,923 243 Toluene 11,300 244 Toluene 10,175 250 FCCU Gasoline 75,354 251 FCCU Gasoline 75,968 252 FCCU Gasoline 75,968 253 Natural Gasoline 74,653 254 Isomerate 19,318 255 Isomerate 19,318 256 TEL Wash 950 447 Finish Gasoline 17,730 448 Gasoline 16,109 453 Ethanol 5,121 457 HTU3 Chg, LSR 32,690 458 Isomerate 32,690 490 ULSD 116,094 600 Propane 625 601 Propane 625 602 Propane 625 603 Propane 625 604 Propane 625 605 Propane 625 606 Propane 625 607 Propane 625 608 Propane 625 609 Propane 625 610 Propane 625 Exhibit H-2 TANK ID NUMBER CURRENT SERVICE/PRODUCT NOMINAL CAPACITY, BBLS 611 Propane 625 612 Propane 625 613 Propane 625 614 Propane 625 615 Propane 625 616 Propane 625 617 Propane 625 618 Propane 625 619 Propane 625 620 Propane 575 621 Propane 100 640 Asphalt 66,859 641 Biodiesel 6,813 643 Sour distillate 90,600 647 Asphalt 76,600 Xxxxxxx X-0 to Amended and Restated Master Throughput Agreement Specifications for New Tank TANK ID NUMBER CURRENT SERVICE/PRODUCT NOMINAL CAPACITY, BBLS 651 Heavy Atmospheric Gas Oil (GASO) 32,000 Exhibit I to Amended and Restated Master Throughput Agreement Special Provisions: Cheyenne Assets

Construction of New Tank. HEP Operating shall, or shall cause its Affiliate to, use its commercially reasonable efforts to construct a New Tank at the Cheyenne El Dorado Refinery in accordance with the specifications set forth on Exhibit I-3H-3. If HEP Operating or its Affiliate should fail to complete the New Tank is not completed or if the New Tank Commencement Date does not occur for the New Tank for a reason related to the fault of HEP Operating or its Affiliate or a matter that is within or under the control of HEP Operating or its Affiliate, HEP Operating shall bear all costs, liabilities and expenses with respect to such incomplete New Tank, and if HEP Operating or its Affiliate should fail to complete the New Tank or if the New Tank Commencement Date does not occur for the New Tank for any other reason, HFRM shall reimburse HEP Operating or its Affiliate for all costs, liabilities and expenses incurred by HEP Operating or its Affiliate with respect to such incomplete New Tank. Promptly following the New Tank Commencement Date, HEP Operating will deliver a written certification to HFRM certifying the final aggregate construction costs for the New Tank (the “Final Construction Cost”). Additionally, promptly following the New Tank Commencement Date, the Parties shall execute an amended Exhibit I-2 H-2 reflecting the addition of the New Tank and attach it to this Agreement. Such amended Exhibit I-2 H-2 shall be numbered Exhibit I-2.1H-2.1, dated and appended as an additional schedule to this Agreement and shall replace the prior version of Exhibit I-2 H-2 in its entirety after its date of effectiveness.

Construction of New Tank. HEP Operating shall, or shall cause its Affiliate to, use its commercially reasonable efforts to construct a New Tank at the Cheyenne El Dorado Refinery in accordance with the specifications set forth on Exhibit I-3H-3. If HEP Operating or its Affiliate should fail to complete the New Tank is not completed or if the New Tank Commencement Date does not occur for the New Tank for a reason related to the fault of HEP Operating or its Affiliate or a matter that is within or under the control of HEP Operating or its Affiliate, HEP Operating shall bear all costs, liabilities and expenses with respect to such incomplete New Tank, and if HEP Operating or its Affiliate should fail to complete the New Tank or if the New Tank Commencement Date does not occur for the New Tank for any other reason, HFRM shall reimburse HEP Operating or its Affiliate for all costs, liabilities and expenses incurred by HEP Operating or its Affiliate with respect to such incomplete New Tank. Promptly following the New Tank Commencement Date, HEP Operating will deliver a written certification to HFRM certifying the final aggregate construction costs Final Construction Cost for the New Tank (the “Final Construction Cost”)Tank. Additionally, promptly following the New Tank Commencement Date, the Parties shall execute an amended Exhibit I-2 H-2 reflecting the addition of the New Tank and attach it to this Agreement. Such amended Exhibit I-2 H-2 shall be numbered Exhibit I-2.1H-2.1, dated and appended as an additional schedule to this Agreement and shall replace the prior version of Exhibit I-2 H-2 in its entirety after its date of effectiveness.. The Refined Products Truck Loading Rack and the Propane Truck Loading Rack transferred to El Dorado Logistics pursuant to that certain Conveyance, Assignment and Xxxx of Sale (El Dorado), dated effective as of October 25, 2011, by and between Frontier El Dorado and El Dorado Logistics. 1 Naptha 2,885 2 Naptha 2,885 3 ULSD 40,425 15 ULSD 12,422 16 Light Slop 28,880 17 Gasoline 92,740 18 Gasoline 88,600 19 Gasoline 90,733 20 Finish Gasoline 17,961 21 ULSD 120,639 23 ULSD 113,182 24 ULSD 119,269 25 Av Jet 65,117 29 CRU1 Feed 33,723 30 CRU2 Feed 39,417 31 ULSD 23,792 32 Finish Gasoline 74,847 64 Gasoline 17,961 65 Gasoline 17,941 66 Naptha 22,582 75 ULS k 24,938 78 ULS k 9,226 127 Heavy Slop 20,504 652 Sour Distilate 90,000 642 HTU2 Chg. 78,511 134 HTU2 Chg. 76,492 649 HTU4 CHg. 100,000 137 Gas Oil/Sour diesel 191,899 138 Gas Oil 194,091 139 Gas Oil 74,792 142 Gas Oil 191,563 143 Gas Oil 191,570 159 Slurry 9,778 167 Slurry 8,908 650 ULSD Dock 36,000 178 Coke Charge/Swing Tank 80,000 192 Idled 8,908 212 Xxxxx Chg. 76,524 213 Asphalt 77,675 215 AV Jet 67,529 216 Alkylate 72,618 218 Gas Oil 77,675 219 Reformate 71,466 220 Swing Tank 71,495 221 Gasoline Swing 71,508 222 Gasoline Swing 71,509 223 Reformate 72,893 224 Jet Fuel 71,534 225 HTU1 Chg, kerosene 28,882 226 Finish Gasoline 27,679 227 Natural Gasoline 27,701 230 Diesel (RAM) 4,780 231 Light Cycle (RAM) 1,923 243 Toluene 11,300 244 Toluene 10,175 250 FCCU Gasoline 75,354 251 FCCU Gasoline 75,968 252 FCCU Gasoline 75,968 253 Natural Gasoline 74,653 254 Isomerate 19,318 255 Isomerate 19,318 256 TEL Wash 950 447 Finish Gasoline 17,730 448 Gasoline 16,109 453 Ethanol 5,121 457 HTU3 Chg, LSR 32,690 458 Isomerate 32,690 490 ULSD 116,094 600 Propane 625 601 Propane 625 602 Propane 625 603 Propane 625 604 Propane 625 605 Propane 625 606 Propane 625 607 Propane 625 608 Propane 625 609 Propane 625 610 Propane 625 611 Propane 625 612 Propane 625 613 Propane 625 614 Propane 625 615 Propane 625 616 Propane 625 617 Propane 625 618 Propane 625 619 Propane 625 620 Propane 575 621 Propane 100 640 Asphalt 66,859 641 Biodiesel 6,813 647 Asphalt 76,600 651 Heavy Atmospheric Gas Oil (GASO) 32,000

Construction of New Tank. HEP Operating shall, or shall cause its Affiliate to, use its commercially reasonable efforts to construct a New Tank at the Cheyenne Tulsa Refinery in accordance with the specifications set forth on Exhibit I-3J-6. If HEP Operating or its Affiliate should fail to complete the New Tank is not completed or if the New Tank Commencement Date does not occur for the New Tank for a reason related to the fault of HEP Operating or its Affiliate or a matter that is within or under the control of HEP Operating or its Affiliate, HEP Operating shall bear all costs, liabilities and expenses with respect to such incomplete New Tank, and if HEP Operating or its Affiliate should fail to complete the New Tank or if the New Tank Commencement Date does not occur for the New Tank for any other reason, HFRM shall reimburse HEP Operating or its Affiliate for all costs, liabilities and expenses incurred by HEP Operating or its Affiliate with respect to such incomplete New Tank. Promptly following the New Tank Commencement Date, HEP Operating will deliver a written certification to HFRM certifying the final aggregate construction costs Final Construction Cost for the New Tank (the “Final Construction Cost”)Tank. Additionally, promptly following the New Tank Commencement Date, the Parties shall execute an amended Exhibit I-2 J-3 reflecting the addition of the New Tank and attach it to this Agreement. Such amended Exhibit I-2 J-3 shall be numbered Exhibit I-2.1J-3.1, dated and appended as an additional schedule to this Agreement and shall replace the prior version of Exhibit I-2 J-3 in its entirety after its date of effectiveness.

Construction of New Tank. HEP Operating shall, or shall cause its Affiliate to, use its commercially reasonable efforts to construct a New Tank at the Cheyenne Refinery in accordance with the specifications set forth on Exhibit I-3. If HEP Operating or its Affiliate should fail to complete the New Tank is not completed or if the New Tank Commencement Date does not occur for the New Tank for a reason related to the fault of HEP Operating or its Affiliate or a matter that is within or under the control of HEP Operating or its Affiliate, HEP Operating shall bear all costs, liabilities and expenses with respect to such incomplete New Tank, and if HEP Operating or its Affiliate should fail to complete the New Tank or if the New Tank Commencement Date does not occur for the New Tank for any other reason, HFRM shall reimburse HEP Operating or its Affiliate for all costs, liabilities and expenses incurred by HEP Operating or its Affiliate with respect to such incomplete New Tank. Promptly following the New Tank Commencement Date, HEP Operating will deliver a written certification to HFRM certifying the final aggregate construction costs for the New Tank (the “Final Construction Cost”). Additionally, promptly following the New Tank Commencement Date, the Parties shall execute an amended Exhibit I-2 reflecting the addition of the New Tank and attach it to this Agreement. Such amended Exhibit I-2 shall be numbered Exhibit I-2.1, dated and appended as an additional schedule to this Agreement and shall replace the prior version of Exhibit I-2 in its entirety after its date of effectiveness.. to Amended and Restated Master Throughput Agreement