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 Delek Logistics in connection with its ownership, operation or maintenance of the Relevant Assets or any improvements or additions thereto, Lion 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 Lion’s operations at the Refinery Site or require Lion to make a capital improvement to any SUMF Asset. If the provision by Lion of increased quantities of any SUMF Item as requested by Delek Logistics would require Lion to make such a capital improvement, then Delek Logistics may submit a request to Lion pursuant to Section 6(a). The Annual Service Fee with respect to increased quantities of any SUMF Item requested by Delek Logistics may be increased in accordance with Article 4 of this Agreement. Notwithstanding anything to the contrary herein, in the event that (i) Delek Logistics uses the Relevant Assets to provide services to third parties, (ii) Delek Logistics’ provision of such third-party services results in a material increase of any SUMF Item required by Delek Logistics, and (iii) provision of such SUMF Items is available to Delek Logistics from third-party vendors on commercially reasonable terms, then Lion may decline to provide such increased and additional SUMF Item. Further, if, in Lion’s sole discretion, the provision of any SUMF Item by Lion in connection with Delek Logistics’ provision of services to third parties could expose Lion or Lion’s assets to environmental risk or liability, then Lion may refuse to provide such SUMF Item in connection with Delek 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 Delek Logistics in connection with its ownership, operation or maintenance of the Relevant Assets or any improvements or additions theretoAdditional Improvements, Lion 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 Lion’s operations at the Refinery Site or require Lion to make a capital improvement to any SUMF Asset. If the provision by Lion of increased quantities of any SUMF Item as requested by Delek Logistics would require Lion to make such a capital improvement, then Delek Logistics may submit a request to Lion pursuant to Section 6(a6.1(a). The Annual Service Fee with respect to increased quantities of any SUMF Item requested by Delek Logistics may be increased in accordance with Article 4 of this Agreement. Notwithstanding anything to the contrary herein, in the event that (i) Delek Logistics uses the Relevant Assets to provide services to third parties, (ii) Delek Logistics’ provision of such third-party services results in a material increase of any SUMF Item required by Delek Logistics, and (iii) provision of such SUMF Items is available to Delek Logistics from third-party vendors on commercially reasonable terms, then Lion may decline to provide such increased and additional SUMF Item. Further, if, in Lion’s sole discretion, the provision of any SUMF Item by Lion in connection with Delek Logistics’ provision of services to third parties could expose Lion or Lion’s assets to environmental risk or liability, then Lion may refuse to provide such SUMF Item in connection with Delek Logistics’ 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 Lion 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, Lion 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 Lion. 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 Delek Logistics in connection with its ownership, operation or maintenance of the Relevant Assets or any improvements or additions theretoAdditional Improvements, Lion 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 Lion’s operations at the Refinery Site or require Lion to make a capital improvement to any SUMF Asset. If the provision by Lion of increased quantities of any SUMF Item as requested by Delek Logistics would require Lion to make such a capital improvement, then Delek Logistics may submit a request to Lion pursuant to Section 6(a6.1(a). The Annual Service Fee with respect to increased quantities of any SUMF Item requested by Delek Logistics may be increased in accordance with Article 4 of this Agreement. Notwithstanding anything to the contrary herein, in the event that (i) Delek Logistics uses the Relevant Assets to provide services to third parties, (ii) Delek Logistics’ provision of such third-party services results in a material increase of any SUMF Item required by Delek Logistics, and (iii) provision of such SUMF Items is available to Delek Logistics from third-party vendors on commercially reasonable terms, then Lion may decline to provide such increased and additional SUMF Item. Further, if, in Lion’s sole discretion, the provision of any SUMF Item by Lion in connection with Delek Logistics’ provision of services to third parties could expose Lion or Lion’s assets to environmental risk or liability, then Lion may refuse to provide such SUMF Item in connection with Delek 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 Delek Logistics in connection with its ownership, operation or maintenance of the Relevant Assets or any improvements or additions thereto, Lion 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 Lion’s operations at the Refinery Site or require Lion to make a capital improvement to any SUMF Asset. If the provision by Lion of increased quantities of any SUMF Item as requested by Delek Logistics would require Lion to make such a capital improvement, then Delek Logistics may submit a request to Lion pursuant to Section 6(a). The Annual Service Fee with respect to increased quantities of any SUMF Item requested by Delek Logistics may be increased in accordance with Article 4 of this Agreement. Notwithstanding anything to the contrary herein, in the event that (i) Delek Logistics uses the Relevant Assets to provide services to third parties, (ii) Delek Logistics’ provision of such third-party services results in a material increase of any SUMF Item required by Delek Logistics, and (iii) provision of such SUMF Items is available to Delek Logistics from third-party vendors on commercially reasonable terms, then Lion may decline to provide such increased and additional SUMF Item. Further, if, in Lion’s sole discretion, the provision of any SUMF Item by Lion in connection with Delek Logistics’ provision of services to third parties could expose Lion or Lion’s assets to environmental risk or liability, then Lion may refuse to provide such SUMF Item in connection with Delek Logistics’ 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 Lion 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, Lion 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 Lion. The Annual Service Fee with respect to such Additional SUMF Items may be increased in accordance with Article 4 of this Agreement. 8 3.3