Common use of Increases in Tariff Rates Clause in Contracts

Increases in Tariff Rates. (i) Group 1 Assets. If new Applicable Laws are enacted that require HEP Tulsa to make capital expenditures with respect to the Pipelines, Group 1 Tankage, or Group 1 Loading Rack, HEP Tulsa may amend the Pipeline Tariff, Group 1 Tankage Base Tariff, and Group 1 Loading Rack Tariff, as applicable, in order to recover HEP Tulsa’s cost of complying with these Applicable Laws (as determined in good faith and including a reasonable return); provided, however, that HEP Tulsa may not amend the Pipeline Tariff, Group 1 Tankage Base Tariff, or Group 1 Loading Rack Tariff pursuant to this Section 2(o) unless and until HEP Tulsa has made capital expenditures of $2,000,000.00 in the aggregate with respect to the Pipelines, Group 1 Tankage and Group 1 Loading Rack in order to comply with such new Applicable Laws.

Increases in Tariff Rates. (i) Group 1 Assets. If new Applicable Laws are enacted that require HEP Tulsa to make capital expenditures with respect to the Pipelines, Group 1 Tankage, or Group 1 Loading Rack, HEP Tulsa may amend the Pipeline Tariff, Group 1 Tankage Base Tariff, and Group 1 Loading Rack Tariff, as applicable, in order to recover HEP Tulsa’s cost of complying with these Applicable Laws (as determined in good faith and including a reasonable return); provided, however, that HEP Tulsa may not amend the Pipeline Tariff, Group 1 Tankage Base Tariff, or Group 1 Loading Rack Tariff pursuant to this Section 2(o2(q) unless and until HEP Tulsa has made capital expenditures of $2,000,000.00 in the aggregate with respect to the Pipelines, Group 1 Tankage and Group 1 Loading Rack in order to comply with such new Applicable Laws.