Deliveries to the Terminal. Deliveries of Refined Products to the Refined Product Terminals will be made through existing pipeline connections at the Refined Product Terminals. At the beginning of each month, ALON will schedule the pipeline deliveries into the Refined Product Terminals, which may include deliveries of Refined Products from the Refined Product Pipelines or deliveries of third party Refined Products through existing pipeline connections at the Refined Product Terminals. ALON will provide HEP with a notice of scheduled deliveries, which notice will include details as to type, grade, quantity and quality of each Refined Product; provided that ALON may change the scheduling or specification of any scheduled delivery up to the time of such delivery so long as ALON agrees to be responsible for any reasonable additional costs incurred by HEP as a direct result of such change and which would not have been incurred by HEP but for such change. Deliveries of Refined Products to the Refined Product Terminals may be made 24 hours per day, seven days per week. HEP agrees that, without ALON’s prior written consent, neither HEP nor any of its Affiliates will make any deliveries for their own account into the Refined Product Terminals and, subject to Common Carrier Requirements, deliveries to the Refined Product Terminals will be limited to deliveries from ALON or from third parties designated by ALON; provided, however, HEP shall have the right to utilize the Orla Tank Farm, so long as such use does not interfere with (x) HEP’s service to ALON pursuant to the terms of this Agreement or (y) ALON’s rights pursuant to the terms of the Navajo Pipeline Lease.
