Common use of Increased Quantities and Additional SUMF Items Clause in Contracts

Increased Quantities and Additional SUMF Items. (a) If subsequent to the date hereof increased quantities of any SUMF Item are reasonably required by Cheyenne Logistics in connection with its ownership, operation or maintenance of the Relevant Assets or any improvements or additions thereto, Frontier Cheyenne shall use commercially reasonable efforts to provide such increased quantities of such SUMF Item on the same terms and conditions set forth in Exhibit A, so long as the provision of such increased quantities does not interfere in any material respect with Frontier Cheyenne’s operations at the Refinery Complex or require Frontier Cheyenne to make a capital improvement to any SUMF Asset. If the provision by Frontier Cheyenne of increased quantities of any SUMF Item as requested by Cheyenne Logistics would require Frontier Cheyenne to make such a capital improvement, then Cheyenne Logistics may submit a request to Frontier Cheyenne pursuant to Section 6.1. The Annual Service Fee with respect to increased quantities of any SUMF Item requested by Cheyenne Logistics may be increased in accordance with Article 4 of this Agreement. Notwithstanding anything to the contrary herein, in the event that (i) Cheyenne Logistics uses the Relevant Assets to provide services to third parties, (ii) Cheyenne Logistics’ provision of such third-party services results in a material increase of any SUMF Item required by Cheyenne Logistics, and (iii) provision of such SUMF Items is available to Cheyenne Logistics from third-party vendors on commercially reasonable terms, then Frontier Cheyenne may decline to provide such increased and additional SUMF Item. Further, if, in Frontier Cheyenne’s sole discretion, the provision of any SUMF Item by Frontier Cheyenne in connection with Cheyenne Logistics’ provision of services to third parties could expose Frontier Cheyenne or Frontier Cheyenne’s assets to environmental risk or liability, then Frontier Cheyenne may refuse to provide such SUMF Item in connection with Cheyenne Logistics’ provision of services to third parties.

Increased Quantities and Additional SUMF Items. (a) If subsequent to the date hereof increased quantities of any SUMF Item are reasonably required by Cheyenne El Dorado Logistics in connection with its ownership, operation or maintenance of the Relevant Assets or any improvements or additions thereto, Frontier Cheyenne El Dorado shall use commercially reasonable efforts to provide such increased quantities of such SUMF Item on the same terms and conditions set forth in Exhibit A, so long as the provision of such increased quantities does not interfere in any material respect with Frontier CheyenneEl Dorado’s operations at the Refinery Complex or require Frontier Cheyenne El Dorado to make a capital improvement to any SUMF Asset. If the provision by Frontier Cheyenne El Dorado of increased quantities of any SUMF Item as requested by Cheyenne El Dorado Logistics would require Frontier Cheyenne El Dorado to make such a capital improvement, then Cheyenne El Dorado Logistics may submit a request to Frontier Cheyenne El Dorado pursuant to Section 6.1. The Annual Service Fee with respect to increased quantities of any SUMF Item requested by Cheyenne El Dorado Logistics may be increased in accordance with Article 4 of this Agreement. Notwithstanding anything to the contrary herein, in the event that (i) Cheyenne El Dorado Logistics uses the Relevant Assets to provide services to third parties, (ii) Cheyenne El Dorado Logistics’ provision of such third-party services results in a material increase of any SUMF Item required by Cheyenne El Dorado Logistics, and (iii) provision of such SUMF Items is available to Cheyenne El Dorado Logistics from third-party vendors on commercially reasonable terms, then Frontier Cheyenne El Dorado may decline to provide such increased and additional SUMF Item. Further, if, in Frontier CheyenneEl Dorado’s sole discretion, the provision of any SUMF Item by Frontier Cheyenne El Dorado in connection with Cheyenne El Dorado Logistics’ provision of services to third parties could expose Frontier Cheyenne El Dorado or Frontier CheyenneEl Dorado’s assets to environmental risk or liability, then Frontier Cheyenne El Dorado may refuse to provide such SUMF Item in connection with Cheyenne El Dorado Logistics’ provision of services to third parties.

Increased Quantities and Additional SUMF Items. (a) If subsequent to the date hereof increased quantities of any SUMF Item are reasonably required by Cheyenne Logistics Delek Marketing in connection with its ownership, operation or maintenance of the Relevant Assets or any improvements or additions theretoAdditional Improvements, Frontier Cheyenne Delek Refining shall use commercially reasonable efforts to provide such increased quantities of such SUMF Item on the same terms and conditions set forth in Exhibit A, so long as the provision of such increased quantities does not interfere in any material respect with Frontier CheyenneDelek Refining’s operations at the Refinery Complex Site or require Frontier Cheyenne Delek Refining to make a capital improvement to any SUMF Asset. If the provision by Frontier Cheyenne Delek Refining of increased quantities of any SUMF Item as requested by Cheyenne Logistics Delek Marketing would require Frontier Cheyenne Delek Refining to make such a capital improvement, then Cheyenne Logistics Delek Marketing may submit a request to Frontier Cheyenne Delek Refining pursuant to Section 6.16.1(a). The Annual Service Fee with respect to increased quantities of any SUMF Item requested by Cheyenne Logistics Delek Marketing may be increased in accordance with Article 4 of this Agreement. Notwithstanding anything to the contrary herein, in the event that (i) Cheyenne Logistics Delek Marketing uses the Relevant Assets to provide services to third parties, (ii) Cheyenne Logistics’ Delek Marketing’s provision of such third-party services results in a material increase of any SUMF Item required by Cheyenne LogisticsDelek Marketing, and (iii) provision of such SUMF Items is available to Cheyenne Logistics Delek Marketing from third-party vendors on commercially reasonable terms, then Frontier Cheyenne Delek Refining may decline to provide such increased and additional SUMF Item. Further, if, in Frontier CheyenneDelek Refining’s sole discretion, the provision of any SUMF Item by Frontier Cheyenne Delek Refining in connection with Cheyenne Logistics’ Delek Marketing’s provision of services to third parties could expose Frontier Cheyenne Delek Refining or Frontier CheyenneDelek Refining’s assets to environmental risk or liability, then Frontier Cheyenne Delek Refining may refuse to provide such SUMF Item in connection with Cheyenne Logistics’ Delek Marketing’s provision of services to third parties.

Increased Quantities and Additional SUMF Items. (a) If subsequent to the date hereof increased quantities of any SUMF Item are reasonably required by Cheyenne Logistics Delek Marketing in connection with its ownership, operation or maintenance of the Relevant Assets or any improvements or additions thereto, Frontier Cheyenne Delek Refining shall use commercially reasonable efforts to provide such increased quantities of such SUMF Item on the same terms and conditions set forth in Exhibit A, so long as the provision of such increased quantities does not interfere in any material respect with Frontier CheyenneDelek Refining’s operations at the Refinery Complex Site or require Frontier Cheyenne Delek Refining to make a capital improvement to any SUMF Asset. If the provision by Frontier Cheyenne Delek Refining of increased quantities of any SUMF Item as requested by Cheyenne Logistics Delek Marketing would require Frontier Cheyenne Delek Refining to make such a capital improvement, then Cheyenne Logistics Delek Marketing may submit a request to Frontier Cheyenne Delek Refining pursuant to Section 6.16(a). The Annual Service Fee with respect to increased quantities of any SUMF Item requested by Cheyenne Logistics Delek Marketing may be increased in accordance with Article 4 of this Agreement. Notwithstanding anything to the contrary herein, in the event that (i) Cheyenne Logistics Delek Marketing uses the Relevant Assets to provide services to third parties, (ii) Cheyenne Logistics’ Delek Marketing’s provision of such third-party services results in a material increase of any SUMF Item required by Cheyenne LogisticsDelek Marketing, and (iii) provision of such SUMF Items is available to Cheyenne Logistics Delek Marketing from third-party vendors on commercially reasonable terms, then Frontier Cheyenne Delek Refining may decline to provide such increased and additional SUMF Item. Further, if, in Frontier CheyenneDelek Refining’s sole discretion, the provision of any SUMF Item by Frontier Cheyenne Delek Refining in connection with Cheyenne Logistics’ Delek Marketing’s provision of services to third parties could expose Frontier Cheyenne Delek Refining or Frontier CheyenneDelek Refining’s assets to environmental risk or liability, then Frontier Cheyenne Delek Refining may refuse to provide such SUMF Item in connection with Cheyenne Logistics’ Delek Marketing’s provision of services to third parties.. (b) If subsequent to the date hereof one or more additional SUMF Items not specifically described herein, but which are being produced or utilized by Delek Refining or its Affiliates in the normal course of their operations at the Refinery Site (“Additional SUMF Items”), are or become reasonably necessary to operate or maintain the Relevant Assets and any Additional Improvements, Delek Refining shall use commercially reasonable efforts to provide such Additional SUMF Items on terms and conditions consistent with the provision of the existing SUMF Items by Delek Refining. The Annual Service Fee with respect to such Additional SUMF Items may be increased in accordance with Article 4 of this Agreement. 3.3

Increased Quantities and Additional SUMF Items. (a) If subsequent to the date hereof increased quantities of any SUMF Item are reasonably required by Cheyenne Logistics Delek Marketing in connection with its ownership, operation or maintenance of the Relevant Assets or any improvements or additions thereto, Frontier Cheyenne Delek Refining shall use commercially reasonable efforts to provide such increased quantities of such SUMF Item on the same terms and conditions set forth in Exhibit A, so long as the provision of such increased quantities does not interfere in any material respect with Frontier CheyenneDelek Refining’s operations at the Refinery Complex Site or require Frontier Cheyenne Delek Refining to make a capital improvement to any SUMF Asset. If the provision by Frontier Cheyenne Delek Refining of increased quantities of any SUMF Item as requested by Cheyenne Logistics Delek Marketing would require Frontier Cheyenne Delek Refining to make such a capital improvement, then Cheyenne Logistics Delek Marketing may submit a request to Frontier Cheyenne Delek Refining pursuant to Section 6.16(a). The Annual Service Fee with respect to increased quantities of any SUMF Item requested by Cheyenne Logistics Delek Marketing may be increased in accordance with Article 4 of this Agreement. Notwithstanding anything to the contrary herein, in the event that (i) Cheyenne Logistics Delek Marketing uses the Relevant Assets to provide services to third parties, (ii) Cheyenne Logistics’ Delek Marketing’s provision of such third-party services results in a material increase of any SUMF Item required by Cheyenne LogisticsDelek Marketing, and (iii) provision of such SUMF Items is available to Cheyenne Logistics Delek Marketing from third-party vendors on commercially reasonable terms, then Frontier Cheyenne Delek Refining may decline to provide such increased and additional SUMF Item. Further, if, in Frontier CheyenneDelek Refining’s sole discretion, the provision of any SUMF Item by Frontier Cheyenne Delek Refining in connection with Cheyenne Logistics’ Delek Marketing’s provision of services to third parties could expose Frontier Cheyenne Delek Refining or Frontier CheyenneDelek Refining’s assets to environmental risk or liability, then Frontier Cheyenne Delek Refining may refuse to provide such SUMF Item in connection with Cheyenne Logistics’ Delek Marketing’s provision of services to third parties.

Increased Quantities and Additional SUMF Items. (a) If subsequent to the date hereof increased quantities of any SUMF Item are reasonably required by Cheyenne Logistics Delek Marketing in connection with its ownership, operation or maintenance of the Relevant Assets or any improvements or additions theretoAdditional Improvements, Frontier Cheyenne Delek Refining shall use commercially reasonable efforts to provide such increased quantities of such SUMF Item on the same terms and conditions set forth in Exhibit A, so long as the provision of such increased quantities does not interfere in any material respect with Frontier CheyenneDelek Refining’s operations at the Refinery Complex Site or require Frontier Cheyenne Delek Refining to make a capital improvement to any SUMF Asset. If the provision by Frontier Cheyenne Delek Refining of increased quantities of any SUMF Item as requested by Cheyenne Logistics Delek Marketing would require Frontier Cheyenne Delek Refining to make such a capital improvement, then Cheyenne Logistics Delek Marketing may submit a request to Frontier Cheyenne Delek Refining pursuant to Section 6.16.1(a). The Annual Service Fee with respect to increased quantities of any SUMF Item requested by Cheyenne Logistics Delek Marketing may be increased in accordance with Article 4 of this Agreement. Notwithstanding anything to the contrary herein, in the event that (i) Cheyenne Logistics Delek Marketing uses the Relevant Assets to provide services to third parties, (ii) Cheyenne Logistics’ Delek Marketing’s provision of such third-party services results in a material increase of any SUMF Item required by Cheyenne LogisticsDelek Marketing, and (iii) provision of such SUMF Items is available to Cheyenne Logistics Delek Marketing from third-party vendors on commercially reasonable terms, then Frontier Cheyenne Delek Refining may decline to provide such increased and additional SUMF Item. Further, if, in Frontier CheyenneDelek Refining’s sole discretion, the provision of any SUMF Item by Frontier Cheyenne Delek Refining in connection with Cheyenne Logistics’ Delek Marketing’s provision of services to third parties could expose Frontier Cheyenne Delek Refining or Frontier CheyenneDelek Refining’s assets to environmental risk or liability, then Frontier Cheyenne Delek Refining may refuse to provide such SUMF Item in connection with Cheyenne Logistics’ Delek Marketing’s provision of services to third parties.. (b) If subsequent to the date hereof one or more additional SUMF Items not specifically described herein, but which are being produced or utilized by Delek Refining or its Affiliates in the normal course of their operations at the Refinery Site (“Additional SUMF Items”), are or become reasonably necessary to operate or maintain the Relevant Assets and any Additional Improvements, Delek Refining shall use commercially reasonable efforts to provide such Additional SUMF Items on terms and conditions consistent with the provision of the existing SUMF Items by Delek Refining. The Annual Service Fee with respect to such Additional SUMF Items may be increased in accordance with Article 4 of this Agreement. 3.3