Common use of Marketing of Throughput and Storage Services to Third Parties Clause in Contracts

Marketing of Throughput and Storage Services to Third Parties. During the Term, Delek-Big Sandy max xxxvide throughput and storage services to third parties at the Terminal and throughput to third parties in the Pipeline, provided that, (i) the provision of such throughput and storage services to third parties is not reasonably likely to negatively affect Delek Refining’s ability to use either of the Terminal or the Pipeline in accordance with the terms of this Agreement in any material respect, (ii) prior to any third party use of either of the Terminal or the Pipeline or the entry into any agreement with respect thereto, Delek-Big Sandy shxxx xave received prior written consent from Delek Refining with respect to such third party usage or the entry into such agreement, as applicable, not to be unreasonably withheld, conditioned or delayed and (iii) to the extent such third-party usage reduces the ability of Delek-Big Sandy to xxxxide the Minimum Pipeline Capacity, the Minimum Terminalling Capacity or the applicable Minimum Storage Capacity, the Minimum Pipeline Throughput Commitment, the Minimum Terminalling Throughput Commitment or the Storage Fee, as applicable, shall be proportionately reduced to the extent of the difference between the Minimum Pipeline Capacity, the Minimum Terminalling Capacity or the applicable Minimum Storage Capacity and the amount that can be throughput in the Pipeline or at the Terminal or stored in the Terminal (prorated for the portion of the Contract Quarter during which the Minimum Pipeline Capacity, the Minimum Terminalling Capacity or the applicable Minimum Storage Capacity was unavailable). Notwithstanding the foregoing, to the extent Delek Refining is not using any portion of the Terminal or the Pipeline (the “Open Assets”) during a Force Majeure event set forth in Section 24 or the Notice Period set forth in Section 23(a), Delek-Big Sandy max xxxvide throughput and/or storage services to third parties on the Open Assets pursuant to one or more third-party agreements without the consent of Delek Refining, and the Minimum Pipeline Throughput Commitment, the Minimum Terminalling Throughput Commitment and the applicable Storage Fee will be reduced to the extent of such third-party usage as set forth above; provided that such third-party agreements and related services shall terminate following the end of the Force Majeure Period or the restoration of Refinery operations, as applicable.

Marketing of Throughput and Storage Services to Third Parties. During the Term, Delek-Big Sandy max xxxvide Logistics may provide throughput and storage services to third parties at the Terminal and throughput storage services to third parties in the PipelineTankage, provided that, (i) the provision of such throughput and storage services to third parties is not reasonably likely to negatively affect Delek Refiningimpact Lion’s ability to use either of the Terminal or the Pipeline Tankage in accordance with the terms of this Agreement in any material respect, (ii) prior to any third party use of either of the Terminal or the Pipeline Tankage or the entry into any agreement with respect thereto, Delek-Big Sandy shxxx xave Logistics shall have received prior written consent from Delek Refining Lion with respect to such third party usage or the entry into such agreement, as applicable, not to be unreasonably withheld, conditioned or delayed and (iii) to the extent such third-party usage reduces the ability of Delek-Big Sandy Logistics to xxxxide provide the Minimum Pipeline Capacity, the Minimum Terminalling Throughput Capacity or the applicable Minimum Storage Capacity, the Minimum Pipeline Throughput Commitment, the Minimum Terminalling Throughput Commitment or the Storage FeeFees, as applicable, shall be proportionately reduced to the extent of the difference between the Minimum Pipeline Capacity, the Minimum Terminalling Throughput Capacity or the applicable Minimum Storage Capacity and the amount that can be throughput in the Pipeline or at the Terminal or stored in the Terminal Tankage (prorated for the portion of the Contract Quarter during which the Minimum Pipeline Capacity, the Minimum Terminalling Throughput Capacity or the applicable Minimum Storage Capacity was unavailable). Notwithstanding the foregoing, to the extent Delek Refining Lion is not using any portion of the Terminal or the Pipeline Tankage (the “Open Assets”) during a Force Majeure event set forth in Section 24 5 or the Notice Period set forth in Section 23(a)16, Delek-Big Sandy max xxxvide Logistics may provide throughput and/or storage services to third parties on the Open Assets pursuant to one or more third-party agreements without the consent of Delek RefiningLion, and the Minimum Pipeline Throughput Commitment, the Minimum Terminalling Throughput Commitment and the applicable Storage Fee will be reduced to the extent of such third-party usage as set forth above; provided that such third-party agreements and related services shall terminate following the end of the Force Majeure Period or the restoration of Refinery operations, as applicable.

Marketing of Throughput and Storage Services to Third Parties. During the Term, Delek-Big Sandy max xxxvide Logistics may provide throughput and storage services to third parties at the Terminal and throughput storage services to third parties in the PipelineTankage, provided that, (i) the provision of such throughput and storage services to third parties is not reasonably likely to negatively affect Delek impact Refining’s ability to use either of the Terminal or the Pipeline Tankage in accordance with the terms of this Agreement in any material respect, (ii) prior to any third party use of either of the Terminal or the Pipeline Tankage or the entry into any agreement with respect thereto, Delek-Big Sandy shxxx xave Logistics shall have received prior written consent from Delek Refining with respect to such third party usage or the entry into such agreement, as applicable, not to be unreasonably withheld, conditioned or delayed and (iii) to the extent such third-party usage reduces the ability of Delek-Big Sandy Logistics to xxxxide provide the Minimum Pipeline Capacity, the Minimum Terminalling Throughput Capacity or the applicable Minimum Storage Capacity, the Minimum Pipeline Throughput Commitment, the Minimum Terminalling Throughput Commitment or the Storage FeeFees, as applicable, shall be proportionately reduced to the extent of the difference between the Minimum Pipeline Capacity, the Minimum Terminalling Throughput Capacity or the applicable Minimum Storage Capacity and the amount that can be throughput in the Pipeline or at the Terminal or stored in the Terminal Tankage (prorated for the portion of the Contract Quarter during which the Minimum Pipeline Capacity, the Minimum Terminalling Throughput Capacity or the applicable Minimum Storage Capacity was unavailable). Notwithstanding the foregoing, to the extent Delek Refining is not using any portion of the Terminal or the Pipeline Tankage (the “Open Assets”) during a Force Majeure event set forth in Section 24 3 or the Notice Period set forth in Section 23(a)9, Delek-Big Sandy max xxxvide Logistics may provide throughput and/or storage services to third parties on the Open Assets pursuant to one or more third-party agreements without the consent of Delek Refining, and the Minimum Pipeline Throughput Commitment, the Minimum Terminalling Throughput Commitment and the applicable Storage Fee will be reduced to the extent of such third-party usage as set forth above; provided that such third-party agreements and related services shall terminate following the end of the Force Majeure Period or the restoration of Refinery operations, as applicable.

Marketing of Throughput and Storage Services to Third Parties. During the Term, Delek-Big Sandy max xxxvide Logistics may provide throughput and storage services to third parties at the Terminal and throughput storage services to - 15 - third parties in the PipelineTankage, provided that, (i) the provision of such throughput and storage services to third parties is not reasonably likely to negatively affect Delek Refiningimpact Lion’s ability to use either of the Terminal or the Pipeline Tankage in accordance with the terms of this Agreement in any material respect, (ii) prior to any third party use of either of the Terminal or the Pipeline Tankage or the entry into any agreement with respect thereto, Delek-Big Sandy shxxx xave Logistics shall have received prior written consent from Delek Refining Lion with respect to such third party usage or the entry into such agreement, as applicable, not to be unreasonably withheld, conditioned or delayed and (iii) to the extent such third-party usage reduces the ability of Delek-Big Sandy Logistics to xxxxide provide the Minimum Pipeline Capacity, the Minimum Terminalling Throughput Capacity or the applicable Minimum Storage Capacity, the Minimum Pipeline Throughput Commitment, the Minimum Terminalling Throughput Commitment or the Storage FeeFees, as applicable, shall be proportionately reduced to the extent of the difference between the Minimum Pipeline Capacity, the Minimum Terminalling Throughput Capacity or the applicable Minimum Storage Capacity and the amount that can be throughput in the Pipeline or at the Terminal or stored in the Terminal Tankage (prorated for the portion of the Contract Quarter during which the Minimum Pipeline Capacity, the Minimum Terminalling Throughput Capacity or the applicable Minimum Storage Capacity was unavailable). Notwithstanding the foregoing, to the extent Delek Refining Lion is not using any portion of the Terminal or the Pipeline Tankage (the “Open Assets”) during a Force Majeure event set forth in Section 24 5 or the Notice Period set forth in Section 23(a)16, Delek-Big Sandy max xxxvide Logistics may provide throughput and/or storage services to third parties on the Open Assets pursuant to one or more third-party agreements without the consent of Delek RefiningLion, and the Minimum Pipeline Throughput Commitment, the Minimum Terminalling Throughput Commitment and the applicable Storage Fee will be reduced to the extent of such third-party usage as set forth above; provided that such third-party agreements and related services shall terminate following the end of the Force Majeure Period or the restoration of Refinery operations, as applicable.

Marketing of Throughput and Storage Services to Third Parties. During Subject to the limitation on the use of assets that are subject to the Call Option in the Omnibus Agreement, during the Term, Delek-Big Sandy max xxxvide Xxxxx may provide throughput and storage services to third parties at the Terminal and throughput to third parties in the Pipeline, provided that, (i) the provision of such throughput and storage services to third parties is not reasonably likely to negatively affect Delek Refining’s DKTS’ ability to use either of the Terminal or the Pipeline in accordance with the terms of this Agreement in any material respect, (ii) prior to any third party use of either of the Terminal or the Pipeline or the entry into any agreement with respect thereto, Delek-Big Sandy shxxx xave Xxxxx shall have received prior written consent from Delek Refining DKTS with respect to such third party usage or the entry into such agreement, as applicable, not to be unreasonably withheld, conditioned or delayed and (iii) to the extent such third-party usage reduces the ability of Delek-Big Sandy Xxxxx to xxxxide provide the Minimum Pipeline Capacity, the Minimum Terminalling Capacity or the applicable Minimum Storage Capacity, the Minimum Pipeline Throughput Commitment, the Minimum Terminalling Throughput Commitment or the Storage Fee, as applicable, shall be proportionately reduced to the extent of the difference between the Minimum Pipeline Capacity, the Minimum Terminalling Capacity or the applicable Minimum Storage Capacity and the amount that can be throughput in the Pipeline or at the Terminal or stored in the Terminal (prorated for the portion of the Contract Quarter during which the Minimum Pipeline Capacity, the Minimum Terminalling Capacity or the applicable Minimum Storage Capacity was unavailable). Notwithstanding the foregoingforegoing but subject to the limitation on the use of assets that are subject to the Call Option in the Omnibus Agreement, to the extent Delek Refining DKTS is not using any portion of the Terminal or the Pipeline (the “Open Assets”) during (x) a Force Majeure event set forth in Section 24 that is specific to DKTS and does not impact third parties generally or (y) the Notice Period set forth in Section 23(a), Delek-Big Sandy max xxxvide Xxxxx may provide throughput and/or storage services to third parties on the Open Assets pursuant to one or more third-party agreements without the consent of Delek RefiningDKTS, and the Minimum Pipeline Throughput Commitment, the Minimum Terminalling Throughput Commitment and the applicable Storage Fee will be reduced to the extent of such third-party usage as set forth above; provided that such third-party agreements and related services shall terminate following the end of the Force Majeure Period or the restoration of Refinery operations, as applicable.

Marketing of Throughput and Storage Services to Third Parties. During Subject to the limitation on the use of assets that are subject to the Call Option in the Omnibus Agreement, during the Term, Delek-Big Sandy max xxxvide Logistics may provide throughput and storage services to third parties at the Terminal and throughput storage services to third parties in the PipelineTankage, provided that, (i) the provision of such throughput and storage services to third parties is not reasonably likely to negatively affect Delek Refiningimpact DKTS’s ability to use either of the Terminal or the Pipeline Tankage in accordance with the terms of this Agreement in any material respect, (ii) prior to any third party use of either of the Terminal or the Pipeline Tankage or the entry into any agreement with respect thereto, Delek-Big Sandy shxxx xave Logistics shall have received prior written consent from Delek Refining DKTS with respect to such third party usage or the entry into such agreement, as applicable, not to be unreasonably withheld, conditioned or delayed and (iii) to the extent such third-party usage reduces the ability of Delek-Big Sandy Logistics to xxxxide provide the Minimum Pipeline Capacity, the Minimum Terminalling Throughput Capacity or the applicable Minimum Storage Capacity, the Minimum Pipeline Throughput Commitment, the Minimum Terminalling Throughput Commitment or the Storage FeeFees, as applicable, shall be proportionately reduced to the extent of the difference between the Minimum Pipeline Capacity, the Minimum Terminalling Throughput Capacity or the applicable Minimum Storage Capacity and the amount that can be throughput in the Pipeline or at the Terminal or stored in the Terminal Tankage (prorated for the portion of the Contract Quarter during which the Minimum Pipeline Capacity, the Minimum Terminalling Throughput Capacity or the applicable Minimum Storage Capacity was unavailable). Notwithstanding the foregoing, but subject to the limitation on the use of assets that are subject to the Call Option in the Omnibus Agreement, to the extent Delek Refining DKTS is not using any portion of the Terminal or the Pipeline Tankage (the “Open Assets”) during (x) a Force Majeure event set forth in Section 24 3 that is specific to DKTS and does not impact third parties generally or (y) the Notice Period set forth in Section 23(a)9, Delek-Big Sandy max xxxvide Logistics may provide throughput and/or storage services to third parties on the Open Assets pursuant to one or more third-party agreements without the consent of Delek RefiningDKTS, and the Minimum Pipeline Throughput Commitment, the Minimum Terminalling Throughput Commitment and the applicable Storage Fee will be reduced to the extent of such third-party usage as set forth above; provided that such third-party agreements and related services shall terminate following the end of the Force Majeure Period or the restoration of Refinery operations, as applicable.

Marketing of Throughput and Storage Services to Third Parties. During Subject to the limitation on the use of assets that are subject to the Call Option in the Omnibus Agreement, during the Term, Delek-Big Sandy max xxxvide Logistics may provide throughput and storage services to third parties at the Terminal and throughput storage services to third parties in the PipelineTankage, provided that, (i) the provision of such throughput and storage services to third parties is not reasonably likely to negatively affect Delek Refiningimpact DKTS’s ability to use either of the Terminal or the Pipeline Tankage in accordance with the terms of this Agreement in any material respect, (ii) prior to any third party use of either of the Terminal or the Pipeline Tankage or the entry into any agreement with respect thereto, Delek-Big Sandy shxxx xave Logistics shall have received prior written consent from Delek Refining DKTS with respect to such third party usage or the entry into such agreement, as applicable, not to be unreasonably withheld, conditioned or delayed and (iii) to the extent such third-party usage reduces the ability of Delek-Big Sandy Logistics to xxxxide provide the Minimum Pipeline Capacity, the Minimum Terminalling Throughput Capacity or the applicable Minimum Storage Capacity, the Minimum Pipeline Throughput Commitment, the Minimum Terminalling Throughput Commitment or the Storage FeeFees, as applicable, shall be proportionately reduced to the extent of the difference between the Minimum Pipeline Capacity, the Minimum Terminalling Throughput Capacity or the applicable Minimum Storage Capacity and the amount that can be throughput in the Pipeline or at the Terminal or stored in the Terminal Tankage (prorated for the portion of the Contract Quarter during which the Minimum Pipeline Capacity, the Minimum Terminalling Throughput Capacity or the applicable Minimum Storage Capacity was unavailable). Notwithstanding the foregoingforegoing but subject to the limitation on the use of assets that are subject to the Call Option in the Omnibus Agreement, to the extent Delek Refining DKTS is not using any portion of the Terminal or the Pipeline Tankage (the “Open Assets”) during (x) a Force Majeure event set forth in Section 24 5 that is specific to DKTS and does not impact third parties generally or (y) the Notice Period set forth in Section 23(a)16, Delek-Big Sandy max xxxvide Logistics may provide throughput and/or storage services to third parties on the Open Assets pursuant to one or more third-party agreements without the consent of Delek RefiningDKTS, and the Minimum Pipeline Throughput Commitment, the Minimum Terminalling Throughput Commitment and the applicable Storage Fee will be reduced to the extent of such third-party usage as set forth above; provided that such third-party agreements and related services shall terminate following the end of the Force Majeure Period or the restoration of Refinery operations, as applicable.

Marketing of Throughput and Storage Services to Third Parties. During the Term, Delek-Big Sandy max xxxvide Logistics may provide throughput and storage services to third parties at the Terminal and throughput storage services to third parties in the PipelineTankage, provided that, (i) the provision of such throughput and storage services to third parties is not reasonably likely to negatively affect Delek impact Refining’s ability to use either of the Terminal or the Pipeline Tankage in accordance with the terms of this Agreement in any material respect, (ii) prior to any third party use of either of the Terminal or the Pipeline Tankage or the entry into any agreement with respect thereto, Delek-Big Sandy shxxx xave Logistics shall have received prior written consent from Delek Refining with respect to such third party usage or the entry into such agreement, as applicable, not to be unreasonably withheld, conditioned or delayed and (iii) to the extent such third-party usage reduces the ability of Delek-Big Sandy Logistics to xxxxide provide the Minimum Pipeline Capacity, the Minimum Terminalling Throughput Capacity or the applicable Minimum Storage Capacity, the Minimum Pipeline Throughput Commitment, the Minimum Terminalling Throughput Commitment or the Storage FeeFees, as applicable, shall be proportionately reduced to the extent of the difference between the Minimum Pipeline Capacity, the Minimum Terminalling Throughput Capacity or the applicable Minimum Storage Capacity and the amount that can be throughput in the Pipeline or at the Terminal or stored in the Terminal Tankage (prorated for the portion of the Contract Quarter during which the Minimum Pipeline Capacity, the Minimum Terminalling Throughput Capacity or the applicable Minimum Storage Capacity was unavailable). Notwithstanding the foregoing, to the extent Delek Refining is not using any portion of the Terminal or the Pipeline Tankage (the “Open Assets”) during a Force Majeure event set forth in Section 24 3 or the Notice Period set forth in Section 23(a)9, Delek-Big Sandy max xxxvide Logistics may provide throughput and/or storage services to third parties on the Open Assets pursuant to one or more third-party agreements without the consent of Delek Refining, and the Minimum Pipeline Throughput Commitment, the Minimum Terminalling Throughput Commitment and the applicable Storage Fee will be reduced to the extent of such third-party usage as set forth above; provided that such third-party agreements and related services shall terminate following the end of the Force Majeure Period or the restoration of Refinery operations, as applicable. (r) Removal of Tank for Service or Inspection. The Parties agree that if they mutually determine to remove a tank included in the Tankage from service or if a tank included in the Tankage is removed from service for inspection in compliance with API Standard 653 for Aboveground Storage Tanks, then Logistics will not be required to utilize, operate or maintain such tank or provide the services required under this Agreement with respect to such tank; provided, however, that any such removal will not reduce the Storage Fees except to the extent that Logistics is unable to provide to Refining the applicable Minimum Storage Capacity.