Common use of Increases in Tariff Rates Clause in Contracts

Increases in Tariff Rates. If new Applicable Laws are enacted that require HEP Lovington to make capital expenditures with respect to the Loading Rack, HEP Lovington may amend the Loading Rack Tariff in order to recover HEP Lovington’s cost of complying with these Applicable Laws (as determined in good faith and including a reasonable return); provided, however, that HEP Lovington may not amend the Loading Rack Tariff pursuant to this Section 2(g) unless and until HEP Lovington has made capital expenditures of $500,000.00 in the aggregate with respect to the Loading Rack in order to comply with such new Applicable Laws. Navajo and HEP Lovington shall use their reasonable commercial efforts to comply with these Applicable Laws, and shall negotiate in good faith to mitigate the impact of these Applicable Laws and to determine the amount of the new tariff rates. If Navajo and HEP Lovington are unable to agree on the amount of the new tariff rates that HEP Lovington will charge, such tariff rates will be determined by binding arbitration in accordance with Section 11(e). Any applicable exhibit or schedule to this Agreement will be updated, amended or revised, as applicable, in accordance with this Agreement to reflect any changes in tariff rates agreed to in accordance with this Section 2(g).

Increases in Tariff Rates. If new Applicable Laws are enacted that require HEP Lovington Operating to make capital expenditures with respect to the Loading RackRoadrunner Pipeline, HEP Lovington Operating may amend the Loading Rack Pipeline Base Tariff in order to recover HEP LovingtonOperating’s cost of complying with these Applicable Laws (as determined in good faith and including a reasonable return); provided, however, that HEP Lovington Operating may not amend the Loading Rack Pipeline Base Tariff pursuant to this Section 2(g2(j) unless and until HEP Lovington Operating has made capital expenditures of $500,000.00 1,000,000.00 in the aggregate with respect to the Loading Rack Roadrunner Pipeline in order to comply with such new Applicable Laws. Navajo Refining and HEP Lovington Operating shall use their reasonable commercial efforts to comply with these Applicable Laws, and shall negotiate in good faith to mitigate the impact of these Applicable Laws and to determine the amount of the new tariff rates. If Navajo Refining and HEP Lovington Operating are unable to agree on the amount of the new tariff rates that HEP Lovington Operating will charge, such tariff rates will be determined by binding arbitration in accordance with Section 11(e12(e). Any Schedule I or any other applicable exhibit or schedule to this Agreement will be updated, amended or revised, as applicable, in accordance with this Agreement to reflect any changes in tariff rates agreed to in accordance with this Section 2(g2(j).

Increases in Tariff Rates. If new Applicable Laws are enacted that require HEP Lovington Tulsa to make capital expenditures with respect to the Pipelines, Tankage or Loading RackRacks, HEP Lovington Tulsa may amend the Pipeline Tariff, Tankage Base Tariff, and Loading Rack Tariff Racks Tariff, as applicable, in order to recover HEP LovingtonTulsa’s cost of complying with these Applicable Laws (as determined in good faith and including a reasonable return); provided, however, that HEP Lovington Tulsa may not amend the Pipeline Tariff, Tankage Base Tariff, or Loading Rack Racks Tariff pursuant to this Section 2(g2(l) unless and until HEP Lovington Tulsa has made capital expenditures of $500,000.00 2,000,000.00 in the aggregate with respect to the Pipelines, Tankage or Loading Rack Racks in order to comply with such new Applicable Laws. Navajo Xxxxx Tulsa and HEP Lovington Tulsa shall use their reasonable commercial efforts to comply with these Applicable Laws, and shall negotiate in good faith to mitigate the impact of these Applicable Laws and to determine the amount of the new tariff rates. If Navajo Xxxxx Tulsa and HEP Lovington Tulsa are unable to agree on the amount of the new tariff rates that HEP Lovington Tulsa will charge, such tariff rates will be determined by binding arbitration in accordance with Section 11(e13(e). Any Schedule I, Schedule II, Schedule III or any other applicable exhibit or schedule to this Agreement will be updated, amended or revised, as applicable, in accordance with this Agreement to reflect any changes in tariff rates agreed to in accordance with this Section 2(g2(l).