Common use of Right of First Refusal under Article V Clause in Contracts

Right of First Refusal under Article V. Malaga Pipeline System (July 16, 2013, as amended by that certain Amended and Restated Transportation Services Agreement dated September 26, 2014) None 5 ü None None ü ü No El Dorado New Tank (Tank 647) (January 7, 2014) None ü ü (January 7, 2024) None ü ü No Artesia Railyard Facility (November 1, 2014) None ü None None ü ü No El Dorado Terminal (March 6, 2015) None ü None None ü ü No Xxxxxx to Lovington System Expansion (March 12, 2015) None ü None None ü ü No Artesia Blending Facility (March 12, 2015) None ü ü (March 12, 2025) None ü ü No Cheyenne New Tank (Tank 117) (December 4, 2014) None ü ü (December 4, 2029) None ü ü No El Dorado New Tank (Tank 643) (February 4, 2014) None ü ü (February 4, 2029) None ü ü No 5 However, Section 3.1(a) covers the 8” pipeline extending 50 miles from White City Station that was formerly used as a refined products pipeline that was conveyed to HEP as part of the 2004 Product Pipelines, Terminal and Related Assets. Years beginning July 13, 2004 through June 30, 2007 $ 2,000,000 Years beginning July 1, 2007 through February 29, 2008 $ 2,100,000 Years beginning from and after March 1, 2008 through December 31, 2014 $ 2,300,000 Years beginning January 1, 2015 through December 31, 2015 $ 2,380,500 Years beginning January 1, 2016 $ 2,464,000

Right of First Refusal under Article V. Malaga Pipeline System (July 16, 2013, as amended by that certain Amended and Restated Transportation Services Agreement dated September 26, 2014) None 5 ü None None ü ü No El Dorado New Tank (Tank 647) (January 7, 2014) None ü ü (January 7, 2024) None ü ü No Artesia Railyard Facility (November 1, 2014) None ü None None ü ü No El Dorado Terminal (March 6, 2015) None ü None None ü ü No 5 However, Section 3.1(a) covers the 8” pipeline extending 50 miles from White City Station that was formerly used as a refined products pipeline that was conveyed to HEP as part of the 2004 Product Pipelines, Terminal and Related Assets. Xxxxxx to Lovington System Expansion (March 12, 2015) None ü None None ü ü No Artesia Blending Facility (March 12, 2015) None ü ü (March 12, 2025) None ü ü No Cheyenne New Tank (Tank 117) (December 4, 2014) None ü ü (December 4, 2029) None ü ü No El Dorado New Tank (Tank 643) (February 4, 2014) None ü ü (February 4, 2029) None ü ü No 5 However, Section 3.1(a) covers the 8” pipeline extending 50 miles from White City Station that was formerly used as a refined products pipeline that was conveyed to HEP as part of the 2004 Product Pipelines, Terminal and Related Assets. Years beginning July 13, 2004 through June 30, 2007 $ 2,000,000 Years beginning July 1, 2007 through February 29, 2008 $ 2,100,000 Years beginning from and after March 1, 2008 through December 311, 2014 $ 2,300,000 Years beginning January 1, 2015 through December 31, 2015 $ 2,380,500 Years beginning January 1, 2016 $ 2,464,0002,380,500

Right of First Refusal under Article V. Malaga Pipeline System (July 16, 2013, as amended by that certain Amended and Restated Transportation Services Agreement dated September 26, 2014) None 5 4 ü None None ü ü No El Dorado New Tank (Tank 647) (January 7, 2014) None ü ü (January 7, 2024) None ü ü No Artesia Railyard Facility (November 1, 2014) None ü None None ü ü No El Dorado Terminal (March 6, 2015) None ü None None ü ü No Xxxxxx to Lovington System Expansion (March 12, 2015) None ü None None ü ü No Artesia Blending Facility (March 12, 2015) None ü ü (March 12, 2025) None ü ü No Cheyenne New Tank (Tank 117) (December 4, 2014) None ü ü (December 4, 2029) None ü ü No El Dorado New Tank (Tank 643) (February 4, 2014) None ü ü (February 4, 2029) None ü ü No 5 4 However, Section 3.1(a) covers the 8” pipeline extending 50 miles from White City Station that was formerly used as a refined products pipeline that was conveyed to HEP as part of the 2004 Product Pipelines, Terminal and Related Assets. Years beginning July 13, 2004 through June 30, 2007 $ 2,000,000 Years beginning July 1, 2007 through February 29, 2008 $ 2,100,000 Years beginning from and after March 1, 2008 through December 311, 2014 $ 2,300,000 Years beginning January 1, 2015 through December 31, 2015 $ 2,380,500 Years beginning January 1, 2016 $ 2,464,0002,380,500

Right of First Refusal under Article V. Malaga Pipeline System (July 16, 2013, as amended by that certain Amended and Restated Transportation Services Agreement dated September 26, 2014) None 5 6 ü None None ü ü No El Dorado New Tank (Tank 647) (January 7, 2014) None ü ü (January 7, 2024) None ü ü No Artesia Railyard Facility (November 1, 2014) None ü None None ü ü No El Dorado Terminal (March 6, 2015) None ü None None ü ü No Xxxxxx to Lovington System Expansion (March 12, 2015) None ü None None ü ü No Artesia Blending Facility (March 12, 2015) None ü ü (March 12, 2025) None ü ü No Cheyenne New Tank (Tank 117) (December 4, 2014) None ü ü (December 4, 2029) None ü ü No El Dorado Tulsa New Tank Tanks (Tank 643Tanks 45 and 444A) (February 4May 1, 20142016) None ü ü (February 4May 1, 20292026) None ü ü No 5 6 However, Section 3.1(a) covers the 8” pipeline extending 50 miles from White City Station that was formerly used as a refined products pipeline that was conveyed to HEP as part of the 2004 Product Pipelines, Terminal and Related Assets. Years beginning July 13, 2004 through June 30, 2007 $ 2,000,000 Years beginning July 1, 2007 through February 29, 2008 $ 2,100,000 Years beginning from and after March 1, 2008 through December 31, 2014 $ 2,300,000 Years beginning January 1, 2015 through December 31, 2015 $ 2,380,500 Years beginning January 1, 2016 $ 2,464,000