Common use of Provision of SUMF Items Clause in Contracts

Provision of SUMF Items. (a) During the Term of this Agreement, Frontier Cheyenne shall make available and provide to Cheyenne Logistics, in accordance with the terms and conditions of this Agreement, the SUMF Items described more fully on Exhibit A to this Agreement for use by Cheyenne Logistics and any of its Affiliates and agents in connection with Cheyenne Logistics’ ownership, operation and maintenance of the Relevant Assets and any Additional Improvements. (b) If Cheyenne Logistics reasonably believes in good faith that a SUMF Item provided is not of the quality or quantity necessary to operate and maintain the Relevant Assets and any Additional Improvements as currently operated and maintained, Cheyenne Logistics may deliver written notice of such claim. If Frontier Cheyenne does not reasonably satisfy Cheyenne Logistics’ claim pursuant to the foregoing sentence within 30 days after receipt of such notice (or if such claim is of a nature that cannot be resolved within 30 days, if Frontier Cheyenne does not commence to satisfy such claim within 30 days after receipt of such notice and thereafter diligently pursue satisfying such claim to completion), then Cheyenne Logistics may reject such SUMF Item and submit a proposal to Frontier Cheyenne to reduce the amount of the Annual Service Fee in accordance with Section 4.3. If Frontier Cheyenne refuses to reduce the Annual Service Fee, the Dispute shall be resolved in accordance with the provisions of Article 9. (c) Frontier Cheyenne shall notify Cheyenne Logistics as soon as practicable of any actual or anticipated changes in the character of any SUMF Item or any actual or anticipated interruptions, shut-downs, turnarounds or similar events that may adversely affect the provision of any SUMF Item. (d) Frontier Cheyenne shall provide all SUMF Items and perform all services hereunder in accordance with Standard Operating Practice. The provision of all SUMF Items and services hereunder shall be on a non-discriminatory basis comparable to that provided or performed by Frontier Cheyenne with respect to its own business at the Refinery Complex unless otherwise specified herein.

Provision of SUMF Items. (a) During the Term of this Agreement, Frontier Cheyenne Delek Refining shall make available and provide to Cheyenne LogisticsDelek Marketing, in accordance with the terms and conditions of this Agreement, the SUMF Items described more fully on Exhibit A to this Agreement for use by Cheyenne Logistics Delek Marketing and any of its Affiliates and agents in connection with Cheyenne Logistics’ Delek Marketing’s ownership, operation and maintenance of the Relevant Assets and any Additional Improvements. (b) If Cheyenne Logistics Delek Marketing reasonably believes in good faith that a SUMF Item provided is not of the quality or quantity necessary to operate and maintain the Relevant Assets and any Additional Improvements as currently operated and maintained, Cheyenne Logistics Delek Marketing may deliver written notice of such claim. If Frontier Cheyenne Delek Refining does not reasonably satisfy Cheyenne Logistics’ Delek Marketing’s claim pursuant to the foregoing sentence within 30 days after receipt of such notice (or if such claim is of a nature that cannot be resolved within 30 days, if Frontier Cheyenne Delek Refining does not commence to satisfy such claim within 30 days after receipt of such notice and thereafter diligently pursue satisfying such claim to completion), then Cheyenne Logistics Delek Marketing may reject such SUMF Item and submit a proposal to Frontier Cheyenne Delek Refining to reduce the amount of the Annual Service Fee in accordance with Section 4.3Fee. If Frontier Cheyenne Delek Refining refuses to reduce the Annual Service Fee, the Dispute shall be resolved in accordance with the provisions of Article 9. If Delek Marketing reasonably believes in good faith that a SUMF Item provided is not of the quality or quantity necessary to prevent imminent damage to person or property, or that such deficiency will cause Delek Marketing to cease operating any tanks on the Premises (a “SUMF Failure”), then (i) Delek Marketing may obtain such SUMF Items as it reasonably deems necessary to remedy such deficiency, and may offset the cost of the same against subsequent Annual Service Fees or (ii) if Delek Marketing reasonably believes in good faith that such SUMF Item cannot be obtained on commercially reasonable terms, Delek Marketing will be entitled to liquidated damages from Delek Refining in an amount equal to any reduction in the Storage Fee in the Tankage (as defined in the Tankage Agreement) pursuant to Section 8(c) of the Tankage Agreement caused by the SUMF Failure. Delek Marketing shall have the right to access the Refinery Site to put such SUMF Items in service, so long as the same does not materially interfere with Delek Refining’s operation of the Refinery Site. (c) Frontier Cheyenne Delek Refining shall notify Cheyenne Logistics Delek Marketing as soon as practicable of any actual or anticipated changes in the character of any SUMF Item or any actual or anticipated interruptions, shut-downs, turnarounds or similar events that may adversely affect the provision of any SUMF Item. (d) Frontier Cheyenne Delek Refining shall provide all SUMF Items and perform all services hereunder in accordance with Standard Operating Practice. The provision of all SUMF Items and services hereunder shall be on a non-discriminatory basis comparable to that provided or performed by Frontier Cheyenne Delek Refining with respect to its own business at the Refinery Complex Site unless otherwise specified herein.

Provision of SUMF Items. (a) During the Term of this Agreement, Frontier Cheyenne Lion shall make available and provide to Cheyenne Delek Logistics, in accordance with the terms and conditions of this Agreement, the SUMF Items described more fully on Exhibit A to this Agreement for use by Cheyenne Delek Logistics and any of its Affiliates and agents in connection with Cheyenne Delek Logistics’ ownership, operation and maintenance of the Relevant Assets and any Additional Improvements. (b) If Cheyenne Delek Logistics reasonably believes in good faith that a SUMF Item provided is not of the quality or quantity necessary to operate and maintain the Relevant Assets and any Additional Improvements as currently operated and maintained, Cheyenne Delek Logistics may deliver written notice of such claim. If Frontier Cheyenne Lion does not reasonably satisfy Cheyenne Delek Logistics’ claim pursuant to the foregoing sentence within 30 days after receipt of such notice (or if such claim is of a nature that cannot be resolved within 30 days, if Frontier Cheyenne Lion does not commence to satisfy such claim within 30 days after receipt of such notice and thereafter diligently pursue satisfying such claim to completion), then Cheyenne Delek Logistics may reject such SUMF Item and submit a proposal to Frontier Cheyenne Lion to reduce the amount of the Annual Service Fee in accordance with Section 4.3Fee. If Frontier Cheyenne Lion refuses to reduce the Annual Service Fee, the Dispute shall be resolved in accordance with the provisions of Article 9. If Delek Logistics reasonably believes in good faith that a SUMF Item provided is not of the quality or quantity necessary to prevent imminent damage to person or property, or that such deficiency will cause Delek Logistics to cease operating any tanks or rail offloading facilities on the Premises (a “SUMF Failure”), then (i) Delek Logistics may obtain such SUMF Items as it reasonably deems necessary to remedy such deficiency, and may offset the cost of the same against subsequent Annual Service Fees or (ii) if Delek Logistics reasonably believes in good faith that such SUMF Item cannot be obtained on commercially reasonable terms, Delek Logistics will be entitled to liquidated damages from Lion in an amount equal to any reductions in the Minimum Quarterly Throughput Payment (as defined in the Rail Offloading Agreement) pursuant to Section 9(b) of the Rail Offloading Agreement caused by the SUMF Failure . Delek Logistics shall have the right to access the Refinery Site to put such SUMF Items in service, so long as the same does not materially interfere with Lion’s operation of the Refinery Site. (c) Frontier Cheyenne Lion shall notify Cheyenne Delek Logistics as soon as practicable of any actual or anticipated changes in the character of any SUMF Item or any actual or anticipated interruptions, shut-downs, turnarounds or similar events that may adversely affect the provision of any SUMF Item. (d) Frontier Cheyenne Lion shall provide all SUMF Items and perform all services hereunder in accordance with Standard Operating Practice. The provision of all SUMF Items and services hereunder shall be on a non-discriminatory basis comparable to that provided or performed by Frontier Cheyenne Lion with respect to its own business at the Refinery Complex Site unless otherwise specified herein.

Provision of SUMF Items. (a) During the Term of this Agreement, Frontier Cheyenne Lion shall make available and provide to Cheyenne Delek Logistics, in accordance with the terms and conditions of this Agreement, the SUMF Items described more fully on Exhibit A to this Agreement for use by Cheyenne Delek Logistics and any of its Affiliates and agents in connection with Cheyenne Delek Logistics’ ownership, operation and maintenance of the Relevant Assets and any Additional Improvements. (b) If Cheyenne Delek Logistics reasonably believes in good faith that a SUMF Item provided is not of the quality or quantity necessary to operate and maintain the Relevant Assets and any Additional Improvements as currently operated and maintained, Cheyenne Delek Logistics may deliver written notice of such claim. If Frontier Cheyenne Lion does not reasonably satisfy Cheyenne Delek Logistics’ claim pursuant to the foregoing sentence within 30 days after receipt of such notice (or if such claim is of a nature that cannot be resolved within 30 days, if Frontier Cheyenne Lion does not commence to satisfy such claim within 30 days after receipt of such notice and thereafter diligently pursue satisfying such claim to completion), then Cheyenne Delek Logistics may reject such SUMF Item and submit a proposal to Frontier Cheyenne Lion to reduce the amount of the Annual Service Fee in accordance with Section 4.3. If Frontier Cheyenne Lion refuses to reduce the Annual Service Fee, the Dispute shall be resolved in accordance with the provisions of Article 9. If Delek Logistics reasonably believes in good faith that a SUMF Item provided is not of the quality or quantity necessary to prevent imminent damage to person or property, or that such deficiency will cause Delek Logistics to cease operating any tanks on the Premises, then Delek Logistics may obtain such SUMF Items as it reasonably deems necessary to remedy such deficiency, and may offset the cost of the same against subsequent Annual Service Fees. Delek Logistics shall have the right to access the Refinery Site to put such SUMF Items in service, so long as the same does not materially interfere with Lion’s operation of the Refinery Site. (c) Frontier Cheyenne Lion shall notify Cheyenne Delek Logistics as soon as practicable of any actual or anticipated changes in the character of any SUMF Item or any actual or anticipated interruptions, shut-downs, turnarounds or similar events that may adversely affect the provision of any SUMF Item. (d) Frontier Cheyenne Lion shall provide all SUMF Items and perform all services hereunder in accordance with Standard Operating Practice. The provision of all SUMF Items and services hereunder shall be on a non-discriminatory basis comparable to that provided or performed by Frontier Cheyenne Lion with respect to its own business at the Refinery Complex Site unless otherwise specified herein.

Provision of SUMF Items. (a) During the Term of this Agreement, Frontier Cheyenne Delek Refining shall make available and provide to Cheyenne LogisticsDelek Marketing, in accordance with the terms and conditions of this Agreement, the SUMF Items described more fully on Exhibit A to this Agreement for use by Cheyenne Logistics Delek Marketing and any of its Affiliates and agents in connection with Cheyenne Logistics’ Delek Marketing’s ownership, operation and maintenance of the Relevant Assets and any Additional Improvements. (b) If Cheyenne Logistics Delek Marketing reasonably believes in good faith that a SUMF Item provided is not of the quality or quantity necessary to operate and maintain the Relevant Assets and any Additional Improvements as currently operated and maintained, Cheyenne Logistics Delek Marketing may deliver written notice of such claim. If Frontier Cheyenne Delek Refining does not reasonably satisfy Cheyenne Logistics’ Delek Marketing’s claim pursuant to the foregoing sentence within 30 days after receipt of such notice (or if such claim is of a nature that cannot be resolved within 30 days, if Frontier Cheyenne Delek Refining does not commence to satisfy such claim within 30 days after receipt of such notice and thereafter diligently pursue satisfying such claim to completion), then Cheyenne Logistics Delek Marketing may reject such SUMF Item and submit a proposal to Frontier Cheyenne Delek Refining to reduce the amount of the Annual Service Fee in accordance with Section 4.3. If Frontier Cheyenne Delek Refining refuses to reduce the Annual Service Fee, the Dispute shall be resolved in accordance with the provisions of Article 9.. If Delek Marketing reasonably believes in good faith that a SUMF Item provided is not of the quality or quantity necessary to prevent imminent damage to person or property, or that such deficiency will cause Delek Marketing to cease operating any tanks on the Premises, then Delek Marketing may obtain such SUMF Items as it reasonably deems necessary to remedy such deficiency, and may offset the cost of the same against subsequent Annual Service Fees. Delek Marketing shall have the right to access the Refinery Site to put such SUMF Items in service, so long as the same does not materially interfere with Delek Refining’s operation of the Refinery Site. HOU03:1337007 7 (c) Frontier Cheyenne Delek Refining shall notify Cheyenne Logistics Delek Marketing as soon as practicable of any actual or anticipated changes in the character of any SUMF Item or any actual or anticipated interruptions, shut-downs, turnarounds or similar events that may adversely affect the provision of any SUMF Item. (d) Frontier Cheyenne Delek Refining shall provide all SUMF Items and perform all services hereunder in accordance with Standard Operating Practice. The provision of all SUMF Items and services hereunder shall be on a non-discriminatory basis comparable to that provided or performed by Frontier Cheyenne Delek Refining with respect to its own business at the Refinery Complex Site unless otherwise specified herein.