Common use of Increases in Annual Service Fee Clause in Contracts

Increases in Annual Service Fee. (a) The Annual Service Fee shall be adjusted on July 1 of each calendar year commencing on July 1, 2014, by an amount equal to the change rounded to four decimal places of the Producers Price Index-Commodities-Finished Goods, (PPI), et al. (“PPI”), produced by the U.S. Department of Labor, Bureaus of Labor Statistics; provided that the Annual Service Fee shall never be increased by more than 3% for any such calendar year. If the PPI index change is negative in a given year then there will be no change in the Annual Service Fee. If the above index is no longer HOU03:1337007 9 published, the Parties shall negotiate in good faith to agree on a new index that gives comparable protection against inflation and the same method of adjustment for increases or decreases in the new index shall be used to calculate increases or decreases in the Annual Service Fee. If Delek Marketing and Delek Refining are unable to agree, a new index will be determined by arbitration in accordance with Section 9.1. (b) Delek Refining may also increase the Annual Service Fee for any calendar year by an amount equal to the actual cost to Delek Refining of providing increased quantities of any SUMF Item or of providing any Additional SUMF Items pursuant to Section 3.2(a) and Section 3.2(b) of this Agreement.

Increases in Annual Service Fee. (a) The Annual Service Fee shall be adjusted on July 1 of each calendar year commencing on July 1, 20142015, by an amount equal to the change rounded to four decimal places of the Producers Price Index-Commodities-Finished Goods, (PPI), et al. (“PPI”), produced by the U.S. Department of Labor, Bureaus of Labor Statistics; provided that the Annual Service Fee shall never be increased by more than 3% for any such calendar year. If the PPI index change is negative in a given year then there will be no change in the Annual Service Fee. If the above index is no longer HOU03:1337007 9 published, the Parties shall negotiate in good faith to agree on a new index that gives comparable protection against inflation and the same method of adjustment for increases or decreases in the new index shall be used to calculate increases or decreases in the Annual Service Fee. If Delek Marketing Logistics and Delek Refining Lion are unable to agree, a new index will be determined by arbitration in accordance with Section 9.1.. 10 (b) Delek Refining Lion may also increase the Annual Service Fee for any calendar year by an amount equal to the actual cost to Delek Refining Lion of providing increased quantities of any SUMF Item or of providing any Additional SUMF Items pursuant to Section 3.2(a) and Section 3.2(b) of this Agreement.

Increases in Annual Service Fee. (a) The Annual Service Fee shall be adjusted on July 1 of each calendar year commencing on July 1, 20142015, by an amount equal to the change rounded to four decimal places of the Producers Price Index-Commodities-Finished Goods, (PPI), et al. (“PPI”), produced by the U.S. Department of Labor, Bureaus of Labor Statistics; provided that the Annual Service Fee shall never be increased by more than 3% for any such calendar year. If the PPI index change is negative in a given year then there will be no change in the Annual Service Fee. If the above index is no longer HOU03:1337007 9 published, the Parties shall negotiate in good faith to agree on a new index that gives comparable protection against inflation and the same method of adjustment for increases or decreases in the new index shall be used to calculate increases or decreases in the Annual Service Fee. If Delek Marketing and Delek Refining are unable to agree, a new index will be determined by arbitration in accordance with Section 9.1. (b) Delek Refining may also increase the Annual Service Fee for any calendar year by an amount equal to the actual cost to Delek Refining of providing increased quantities of any SUMF Item or of providing any Additional SUMF Items pursuant to Section 3.2(a) and Section 3.2(b) of this Agreement.

Increases in Annual Service Fee. (a) The Annual Service Fee shall be adjusted on July 1 of each calendar year commencing on July 1, 20142015, by an amount equal to the change rounded to four decimal places of the Producers Price Index-Commodities-Finished Goods, (PPI), et al. (“PPI”), produced by the U.S. Department of Labor, Bureaus of Labor Statistics; provided that the Annual Service Fee shall never be increased by more than 3% for any such calendar year. If the PPI index change is negative in a given year then there will be no change in the Annual Service Fee. If the above index is no longer HOU03:1337007 9 published, the Parties shall negotiate in good faith to agree on a new index that gives comparable protection against inflation and the same method of adjustment for increases or decreases in the new index shall be used to calculate increases or decreases in the Annual Service Fee. If Delek 10 Marketing and Delek Refining are unable to agree, a new index will be determined by arbitration in accordance with Section 9.1. (b) Delek Refining may also increase the Annual Service Fee for any calendar year by an amount equal to the actual cost to Delek Refining of providing increased quantities of any SUMF Item or of providing any Additional SUMF Items pursuant to Section 3.2(a) and Section 3.2(b) of this Agreement.