Common use of Exclusion from Indemnification Clause in Contracts

Exclusion from Indemnification. Notwithstanding anything in this Agreement to the contrary, as used in Article III the definition of Assets shall not include the Tulsa Transferred Assets, the Xxxxxxxx Transferred Assets or the Additional Tulsa East Assets, though the parties hereto acknowledge the environmental indemnity provided among certain of the Xxxxx Entities and HEP Entities with respect to the Xxxxxxxx Transferred Assets and the Additional Tulsa East Assets contained in the Tulsa Throughput Agreement.

Exclusion from Indemnification. Notwithstanding anything in this Agreement to the contrary, as used in Article III the definition of Assets shall not include the Tulsa Transferred Assets, the Xxxxxxxx Sxxxxxxx Transferred Assets or the Additional Tulsa East Assets, though the parties hereto acknowledge the environmental indemnity provided among certain of the Xxxxx Hxxxx Entities and HEP Entities with respect to the Xxxxxxxx Sxxxxxxx Transferred Assets and the Additional Tulsa East Assets contained in the Tulsa Throughput Agreement.