Common use of Month End Inventory Clause in Contracts

Month End Inventory. (a) As of 11:59:59 p.m., CPT, on the last day of each month, the Refinery Companies shall (and DKTS shall cause each applicable Refinery Company to) apply the Volume Determination Procedures to the Crude Storage Facilities and the Product Storage Facilities, in each case, in respect of each Refinery, and based thereon shall determine for each Refinery for such month, (i) the aggregate volume of Crude Oil held in the Crude Storage Tanks in respect of such Refinery at that time, plus the aggregate volume of Crude Oil held in the Included Crude Pipelines in respect of such Refinery at that time (the “Actual Month End Crude Volume”) and (ii) for each Product, the aggregate volume of such Product held in the Product Storage Tanks at such Refinery at that time, plus the aggregate volume of such Product held in the Included Product Pipelines in respect of such Refinery at that time (each, an “Actual Month End Product Volume”). The Refinery Companies shall (and DKTS shall cause each applicable Refinery Company to) notify Citi of the Actual Month End Crude Volume and each Actual Month End Product Volume for each Refinery by no later than 2:00 p.m., CPT on the fifth Business Day thereafter, except that with respect to volume information provided by third parties, the Refinery Companies shall (and DKTS shall cause each applicable Refinery Company to) endeavor to cause third parties to provide such information to Citi by the fifteenth (15th) day after the end of such month. (b) At the cost and expense of Citi, Citi may, or may have Supplier’s Inspector, witness all or any aspects of any undertaking of the Volume Determination Procedures as Citi shall direct. If, in the judgment of Citi or Supplier’s Inspector, any Volume Determination Procedures have not been applied correctly, then each applicable Refinery Company will (and DKTS shall cause each applicable Refinery Company to) cooperate with Citi, or Supplier’s Inspector, to ensure the correct application of such Volume Determination Procedures, including making such revisions to the relevant Actual Month End Crude Volume and any relevant Actual Month End Product Volume as may be necessary to correct any such errors.

Month End Inventory. (a) As of 11:59:59 p.m., CPT, on the last day of each month, the Refinery Companies Company shall (and DKTS shall cause each applicable Refinery Company to) apply the Volume Determination Procedures to the Crude Storage Facilities, the Product Storage Facilities and the Product Storage Facilities, in each case, in respect of each RefinerySpecified Lien Locations, and based thereon shall determine for each Refinery for such month, month (i) the aggregate volume of Crude Oil held in the Crude Storage Tanks in respect of such Refinery at that time, plus the Crude Oil Linefill at that time (the “Actual Month End Included Crude Volume”), (ii) the aggregate volume amount of Crude Oil held in the Included Specified Lien Locations (including Crude Pipelines in respect of such Refinery Oil Linefill) at that time (the “Actual Month End Crude VolumeLien Inventory”) and ), (iiiii) for each Product, the aggregate volume of such Product held in the Product Storage Tanks at such Refinery at that time, plus the aggregate volume of such Product held in the Included Third Party Product Pipelines in respect Storage Tanks at that time, plus the Product Linefill for such Product at that time (each, an “Actual Month End Included Product Volume”) and (iv) for each Product, the aggregate volume of such Refinery Product held in the Specified Lien Locations (including Product Linefill) at that time (each, an “Actual Month End Product VolumeLien Inventory”). The Refinery Companies Company shall (and DKTS shall cause each applicable Refinery Company to) notify Citi Xxxx of the Actual Month End Crude Volume and each Actual Month End Product Volume for each Refinery by no later than 2:00 5:00 p.m., CPT on the fifth Business Day thereafter, except that with respect to volume information provided by third parties, the Refinery Companies Company shall (and DKTS shall cause each applicable Refinery Company to) endeavor to cause third parties to provide such information to Citi Xxxx by the fifteenth (15th) day after the end of such month. (b) At the cost and expense of Citi, Citi may, or may have Supplier’s Inspector, witness all or any aspects of any undertaking of the Volume Determination Procedures as Citi shall direct. If, in the judgment of Citi or Supplier’s Inspector, any Volume Determination Procedures have not been applied correctly, then each applicable Refinery Company will (and DKTS shall cause each applicable Refinery Company to) cooperate with Citi, or Supplier’s Inspector, to ensure the correct application of such Volume Determination Procedures, including making such revisions to the relevant Actual Month End Crude Volume and any relevant Actual Month End Product Volume as may be necessary to correct any such errors.As used herein,

Month End Inventory. (a) As of 11:59:59 p.m., CPTHST, on the last day of each month, the Refinery Companies Company shall (and DKTS shall cause each applicable Refinery Company to) apply the Volume Determination Procedures to the Crude Storage Facilities and the Product Storage Facilities, in each case, in respect of each RefineryIncluded Locations, and based thereon shall determine for each Refinery for such month, month (i) the aggregate volume of Crude Oil held in the Crude Storage Tanks in respect of such Refinery at that time, plus the aggregate volume of Crude Oil held in the Included Crude Pipelines in respect of such Refinery Tanks at that time (the “Actual Month End Ending In-Tank Crude VolumeInventory”) and (ii) for each Product, the aggregate volume of such Product held in the Refinery Product Storage Tanks at such Refinery and the other Included Product Tanks at that time, plus the aggregate volume of Product Linefill for such Product held in the Included Product Pipelines in respect of such Refinery at that time (each, an “Actual Month End Ending In-Tank Product VolumeInventory”). The Refinery Companies Company shall (and DKTS shall cause each applicable Refinery Company to) notify Citi Aron of the Actual Month End Ending In-Tank Crude Volume Inventory and each Actual Month End Ending In-Tank Product Volume for each Refinery Inventory by no later than 2:00 5:00 p.m., CPT HST on the fifth Business Day tenth day thereafter, except that with respect to volume information provided by third parties, the Refinery Companies Company shall (and DKTS shall cause each applicable Refinery Company to) endeavor to cause third parties to provide such information to Citi Aron by the fifteenth tenth (15th10th) day after the end of such month. (b) At the cost and expense of Citi, Citi Aron may, or may have Supplier’s Inspector, at Aron’s sole cost and expense, witness all or any aspects of any undertaking of the Volume Determination Procedures as Citi Aron shall direct. If, in the reasonable judgment of Citi Aron or Supplier’s Inspector, any the Volume Determination Procedures have not been applied correctly, then each applicable Refinery the Company will (and DKTS shall cause each applicable Refinery Company to) cooperate with CitiAron, or Supplier’s Inspector, to ensure the correct application of such the Volume Determination Procedures, including making such revisions to the relevant Actual Month End Ending In-Tank Crude Volume Inventory and any relevant Actual Month End Ending In-Tank Product Volume Inventory as may be necessary to correct any such errors. (c) The Company agrees that in addition to reporting to Aron the volume determinations made by the Company pursuant to Section 9.2(a), the Company will provide to Aron copies of all volume reports and statements related to Crude Oil or Products held at any Included Locations or with respect to any hydrocarbon inventories held by the Company at any other locations including any inventory, quantity, or quality inspection reports prepared by a third party.

Month End Inventory. (a) As of 11:59:59 p.m., CPT, on the last day of each month, the Refinery Companies Company shall (and DKTS shall cause each applicable Refinery Company to) apply the Volume Determination Procedures to the Crude Storage Facilities, the Product Storage Facilities and the Product Storage Facilities, in each case, in respect of each RefinerySpecified Lien Locations, and based thereon shall determine for each Refinery for such month, month (i) the aggregate volume of Crude Oil held in the Crude Storage Tanks in respect of such Refinery at that time, plus the Crude Oil Linefill at that time (the “Actual Month End Included Crude Volume”), (ii) the aggregate volume amount of Crude Oil held in Specified NOTE: A request for confidential treatment has been made with respect to portions of the Included following document that are marked [*CONFIDENTIAL*]. The redacted portions have been filed separately with the SEC. Lien Locations (including Crude Pipelines in respect of such Refinery Oil Linefill) at that time (the “Actual Month End Crude VolumeLien Inventory”) and ), (iiiii) for each Product, the aggregate volume of such Product held in the Product Storage Tanks at such Refinery at that time, plus the aggregate volume of such Product held in the Included Third Party Product Pipelines in respect Storage Tanks at that time, plus the Product Linefill for such Product at that time (each, an “Actual Month End Included Product Volume”) and (iv) for each Product, the aggregate volume of such Refinery Product held in the Specified Lien Locations (including Product Linefill) at that time (each, an “Actual Month End Product VolumeLien Inventory”). The Refinery Companies Company shall (and DKTS shall cause each applicable Refinery Company to) notify Citi Xxxx of the Actual Month End Crude Volume and each Actual Month End Product Volume for each Refinery by no later than 2:00 5:00 p.m., CPT on the fifth Business Day thereafter, except that with respect to volume information provided by third parties, the Refinery Companies Company shall (and DKTS shall cause each applicable Refinery Company to) endeavor to cause third parties to provide such information to Citi Xxxx by the fifteenth (15th) day after the end of such month. (b) At the cost and expense of Citi, Citi may, or may have Supplier’s Inspector, witness all or any aspects of any undertaking of the Volume Determination Procedures as Citi shall direct. If, in the judgment of Citi or Supplier’s Inspector, any Volume Determination Procedures have not been applied correctly, then each applicable Refinery Company will (and DKTS shall cause each applicable Refinery Company to) cooperate with Citi, or Supplier’s Inspector, to ensure the correct application of such Volume Determination Procedures, including making such revisions to the relevant Actual Month End Crude Volume and any relevant Actual Month End Product Volume as may be necessary to correct any such errors.As used herein,

Month End Inventory. (a) As of 11:59:59 p.m., CPTHST, on the last day of each month, the Refinery Companies Company shall (and DKTS shall cause each applicable Refinery Company to) apply the Volume Determination Procedures to the Crude Storage Facilities and the Product Storage Facilities, in each case, in respect of each RefineryIncluded Locations, and based thereon shall determine for each Refinery for such month, month (i) the aggregate volume of Crude Oil held in the Crude Storage Tanks in respect of such Refinery at that time, plus the aggregate volume of Crude Oil held in the Included Crude Pipelines in respect of such Refinery Tanks at that time (the “Actual Month End Ending In-Tank Crude VolumeInventory”) and (ii) for each Product, the aggregate volume of such Product held in the Refinery Product Storage Tanks at such Refinery and the other Included Product Tanks at that time, plus the aggregate volume of Product Linefill for such Product held in the Included Product Pipelines in respect of such Refinery at that time (each, an “Actual Month End Ending In-Tank Product VolumeInventory”). The Refinery Companies Company shall (and DKTS shall cause each applicable Refinery Company to) notify Citi Xxxx of the Actual Month End Ending In-Tank Crude Volume Inventory and each Actual Month End Ending In-Tank Product Volume for each Refinery Inventory by no later than 2:00 5:00 p.m., CPT HST on the fifth Business Day tenth day thereafter, except that with respect to volume information provided by third parties, the Refinery Companies Company shall (and DKTS shall cause each applicable Refinery Company to) endeavor to cause third parties to provide such information to Citi Xxxx by the fifteenth tenth (15th10th) day after the end of such month. (b) At the cost and expense of Citi, Citi Xxxx may, or may have Supplier’s Inspector, at Aron’s sole cost and expense, witness all or any aspects of any undertaking of the Volume Determination Procedures as Citi Xxxx shall direct. If, in the reasonable judgment of Citi Xxxx or Supplier’s Inspector, any the Volume Determination Procedures have not been applied correctly, then each applicable Refinery the Company will (and DKTS shall cause each applicable Refinery Company to) cooperate with CitiXxxx, or Supplier’s Inspector, to ensure the correct application of such the Volume Determination Procedures, including making such revisions to the relevant Actual Month End Ending In-Tank Crude Volume Inventory and any relevant Actual Month End Ending In-Tank Product Volume Inventory as may be necessary to correct any such errors. (c) The Company agrees that in addition to reporting to Xxxx the volume determinations made by the Company pursuant to Section 9.2(a), the Company will provide to Xxxx copies of all volume reports and statements related to Crude Oil or Products held at any Included Locations or with respect to any hydrocarbon inventories held by the Company at any other locations including any inventory, quantity, or quality inspection reports prepared by a third party.