Common use of Nature of the Relationship Clause in Contracts

Nature of the Relationship. (a) Except as provided herein, this Agreement shall not in any manner limit the Parties in carrying on their respective separate businesses or operations or impose upon any Party a fiduciary duty vis-à-vis the other Party. (b) Lion and Delek Logistics recognize that portions of each of their respective businesses and operations are conducted within the Refinery Site, and that necessary interactions result from such proximity. The respective businesses and operations of Lion and Delek Logistics will be managed and conducted by them, as independent companies, and each may act and conduct its business and operations independently wherever possible. Further, Lion and Delek Logistics recognize their mutual responsibility to support the capability of each other to continue to conduct their respective businesses and operations for routine and non-routine activities (including, but not limited to, start-ups, shut downs, turnarounds, emergencies and other infrequent events). (c) Notwithstanding the foregoing, nothing in this Agreement and no actions taken by the Parties shall constitute a partnership, joint venture, association or other co-operative entity among the Parties or authorize either Party to represent or contract on behalf of the other Party. Lion, as the supplier of the SUMF Items, is acting solely as an independent contractor and is not an agent of Delek Logistics. The provision of the SUMF Items hereunder shall be under the sole supervision, control and direction of Lion and not Delek Logistics. (d) Notwithstanding Delek Logistics’ obligation to maintain and operate the Relevant Assets and Additional Improvements and comply with Applicable Law, Lion and Delek Logistics acknowledge that Lion shall, as required by any applicable Governmental Authorities, maintain air quality and other environmental permits in its name. Consequently and also for the ease of administration, Lion shall maintain in its name the air quality and other environmental permits and other authorizations applicable to all, or part of, the Relevant Assets and Additional Improvements and shall be responsible for making any reports or other notifications to Governmental Authorities pursuant to such permits or Applicable Laws; provided that upon Lion’s written request Delek Logistics shall apply for, obtain and maintain any such permits in its name. Nothing in this Agreement shall reduce Delek Logistics’ obligations under Applicable Laws with respect to the Relevant Assets and Additional Improvements.

Nature of the Relationship. (a) Except as provided herein, this Agreement shall not in any manner limit the Parties in carrying on their respective separate businesses or operations or impose upon any Party a fiduciary duty vis-à-vis the other Party. (b) Lion Delek Refining and Delek Logistics Marketing recognize that portions of each of their respective businesses and operations are conducted within the Refinery Site, and that necessary interactions result from such proximity. The respective businesses and operations of Lion Delek Refining and Delek Logistics Marketing will be managed and conducted by them, as independent companies, and each may act and conduct its business and operations independently wherever possible. Further, Lion Delek Refining and Delek Logistics Marketing recognize their mutual responsibility to support the capability of each other to continue to conduct their respective businesses and operations for routine and non-routine activities (including, but not limited to, start-ups, shut downs, turnarounds, emergencies and other infrequent events). (c) Notwithstanding the foregoing, nothing in this Agreement and no actions taken by the Parties shall constitute a partnership, joint venture, association or other co-operative entity among the Parties or authorize either Party to represent or contract on behalf of the other Party. LionDelek Refining, as the supplier of the SUMF Items, is acting solely as an independent contractor and is not an agent of Delek LogisticsMarketing. The provision of the SUMF Items hereunder shall be under the sole supervision, control and direction of Lion Delek Refining and not Delek LogisticsMarketing. (d) Notwithstanding Delek Logistics’ Marketing’s obligation to maintain and operate the Relevant Assets and Additional Improvements and comply with Applicable Law, Lion Delek Refining and Delek Logistics Marketing acknowledge that Lion Delek Refining shall, as required by any applicable Governmental Authorities, maintain air quality and other environmental permits in its name. Consequently and also for the ease of administration, Lion Delek Refining shall maintain in its name the air quality and other environmental permits and other authorizations applicable to all, or part of, the Relevant Assets and Additional Improvements and shall be responsible for making any reports or other notifications to Governmental Authorities pursuant to such permits or Applicable Laws; provided that upon LionDelek Refining’s written request Delek Logistics Marketing shall apply for, obtain and maintain any such permits in its name. Nothing in this Agreement shall reduce Delek Logistics’ Marketing’s obligations under Applicable Laws with respect to the Relevant Assets and Additional Improvements.

Nature of the Relationship. (a) Except as provided herein, this Agreement shall not in any manner limit the Parties in carrying on their respective separate businesses or operations or impose upon any Party a fiduciary duty vis-à-vis the other Party. (b) Lion Delek Refining and Delek Logistics Marketing recognize that portions of each of their respective businesses and operations are conducted within the Refinery Site, and that necessary interactions result from such proximity. The respective businesses and operations of Lion Delek Refining and Delek Logistics Marketing will be managed and conducted by them, as independent companies, and each may act and conduct its business and operations independently wherever possible. Further, Lion Delek Refining and Delek Logistics Marketing recognize their mutual responsibility to support the capability of each other to continue to conduct their respective businesses and operations for routine and non-routine activities (including, but not limited to, start-ups, shut downs, turnarounds, emergencies and other infrequent events). (c) Notwithstanding the foregoing, nothing in this Agreement and no actions taken by the Parties shall constitute a partnership, joint venture, association or other co-operative entity among the Parties or authorize either Party to represent or contract on behalf of the other HOU03:1337007 6 Party. LionDelek Refining, as the supplier of the SUMF Items, is acting solely as an independent contractor and is not an agent of Delek LogisticsMarketing. The provision of the SUMF Items hereunder shall be under the sole supervision, control and direction of Lion Delek Refining and not Delek LogisticsMarketing. (d) Notwithstanding Delek Logistics’ Marketing’s obligation to maintain and operate the Relevant Assets and Additional Improvements and comply with Applicable Law, Lion Delek Refining and Delek Logistics Marketing acknowledge that Lion Delek Refining shall, as required by any applicable Governmental Authorities, maintain air quality and other environmental permits in its name. Consequently and also for the ease of administration, Lion Delek Refining shall maintain in its name the air quality and other environmental permits and other authorizations applicable to all, or part of, the Relevant Assets and Additional Improvements and shall be responsible for making any reports or other notifications to Governmental Authorities pursuant to such permits or Applicable Laws; provided that upon LionDelek Refining’s written request Delek Logistics Marketing shall apply for, obtain and maintain any such permits in its name. Nothing in this Agreement shall reduce Delek Logistics’ Marketing’s obligations under Applicable Laws with respect to the Relevant Assets and Additional Improvements.

Nature of the Relationship. (a) Except as provided herein, this Agreement shall not in any manner limit the Parties in carrying on their respective separate businesses or operations or impose upon any Party a fiduciary duty vis-à-vis the other Party. (b) Lion Frontier Cheyenne and Delek Cheyenne Logistics recognize that portions of each of their respective businesses and operations are conducted within the Refinery SiteComplex, and that necessary interactions result from such proximity. The respective businesses and operations of Lion Frontier Cheyenne and Delek Cheyenne Logistics will be managed and conducted by them, as independent companies, and each may act and conduct its business and operations independently wherever possible. Further, Lion Frontier Cheyenne and Delek Cheyenne Logistics recognize their mutual responsibility to support the capability of each other to continue to conduct their respective businesses and operations for routine and non-routine activities (including, but not limited to, start-ups, shut downs, turnarounds, emergencies and other infrequent events). (c) Notwithstanding the foregoing, nothing in this Agreement and no actions taken by the Parties shall constitute a partnership, joint venture, association or other co-operative entity among the Parties or authorize either Party to represent or contract on behalf of the other Party. LionFrontier Cheyenne, as the supplier of the SUMF Items, is acting solely as an independent contractor and is not an agent of Delek Cheyenne Logistics. The provision of the SUMF Items hereunder shall be under the sole supervision, control and direction of Lion Frontier Cheyenne and not Delek Cheyenne Logistics. (d) Notwithstanding Delek Cheyenne Logistics’ obligation to maintain and operate the Relevant Assets and Additional Improvements and comply with Applicable Lawapplicable Laws, Lion Frontier Cheyenne and Delek Cheyenne Logistics acknowledge that Lion shallFrontier Cheyenne may, as required by any applicable Governmental Authorities, maintain air quality and other environmental permits in its name. Consequently and also for the ease of administration, Lion shall Frontier Cheyenne may maintain in its name the air quality and other environmental permits and other authorizations applicable to all, or part of, the Relevant Assets and Additional Improvements and shall may be responsible for making any reports or other notifications to Governmental Authorities pursuant to such permits or Applicable Laws; provided that upon LionFrontier Cheyenne’s written request Delek Cheyenne Logistics shall apply for, obtain and maintain any such permits in its name. Nothing in this Agreement shall reduce Delek Cheyenne Logistics’ obligations under Applicable Laws with respect to the Relevant Assets and Additional Improvements. (e) Notwithstanding the foregoing, Cheyenne Logistics shall defend, indemnify, and hold harmless Frontier Cheyenne and its representatives and agents from and against all claims, demands, liabilities, causes of action, suits, judgments, damages and expenses (including reasonable attorneys’ fees) arising from any injury to or death of any person or the damage to or theft, destruction, loss or loss of use of, any property or inconvenience (a “Loss”) related to Frontier Cheyenne’s performance under this Agreement (including the performance by Frontier Cheyenne’s employees and contractors), except to the extent caused by the gross negligence or willful misconduct of Frontier Cheyenne or its employees, agents or contractors. It being agreed that this indemnity is intended to indemnify Frontier Cheyenne against the consequences of their own negligence or fault, even when Frontier Cheyenne or its employees, agents or contractors are jointly, comparatively, contributively, or concurrently negligent with Cheyenne Logistics, and even though any such claim, cause of action or suit is based upon or alleged to be based upon the strict liability of Frontier Cheyenne or its employees, agents or contractors; however, such indemnity shall not apply to the sole or gross negligence or willful misconduct of Frontier Cheyenne and its employees, agents or contractors. The indemnity set forth in this Section shall survive termination or expiration of this Agreement and shall not terminate or be waived, diminished or affected in any manner by any abatement or apportionment of the Annual Service Fee (as defined below) under any provision of this Agreement. If any proceeding is filed for which indemnity is required hereunder, Cheyenne Logistics agrees, upon request therefor, to defend Frontier Cheyenne in such proceeding at its sole cost using counsel satisfactory to Frontier Cheyenne.

Nature of the Relationship. (a) Except as provided herein, this Agreement shall not in any manner limit the Parties in carrying on their respective separate businesses or operations or impose upon any Party a fiduciary duty vis-à-vis the other Party. (b) Lion and Delek Logistics recognize that portions of each of their respective businesses and operations are conducted within the Refinery Site, and that necessary interactions result from such proximity. The respective businesses and operations of Lion and Delek Logistics will be managed and conducted by them, as independent companies, and each may act and conduct its business and operations independently wherever possible. Further, Lion and Delek Logistics recognize their mutual responsibility to support the capability of each other to continue to conduct their respective businesses and operations for routine and non-routine activities (including, but not limited to, start-ups, shut downs, turnarounds, emergencies and other infrequent events).. 6 (c) Notwithstanding the foregoing, nothing in this Agreement and no actions taken by the Parties shall constitute a partnership, joint venture, association or other co-operative entity among the Parties or authorize either Party to represent or contract on behalf of the other Party. Lion, as the supplier of the SUMF Items, is acting solely as an independent contractor and is not an agent of Delek Logistics. The provision of the SUMF Items hereunder shall be under the sole supervision, control and direction of Lion and not Delek Logistics. (d) Notwithstanding Delek Logistics’ obligation to maintain and operate the Relevant Assets and Additional Improvements and comply with Applicable Law, Lion and Delek Logistics acknowledge that Lion shall, as required by any applicable Governmental Authorities, maintain air quality and other environmental permits in its name. Consequently and also for the ease of administration, Lion shall maintain in its name the air quality and other environmental permits and other authorizations applicable to all, or part of, the Relevant Assets and Additional Improvements and shall be responsible for making any reports or other notifications to Governmental Authorities pursuant to such permits or Applicable Laws; provided that upon Lion’s written request Delek Logistics shall apply for, obtain and maintain any such permits in its name. Nothing in this Agreement shall reduce Delek Logistics’ obligations under Applicable Laws with respect to the Relevant Assets and Additional Improvements.