Common use of Right to Enter into a New Agreement Clause in Contracts

Right to Enter into a New Agreement. (a) In the event that Frontier El Dorado provides prior written notice to El Dorado Logistics of the desire of Frontier El Dorado to extend this Agreement by written mutual agreement of the Parties, the Parties shall negotiate in good faith to extend this Agreement by written mutual agreement, but, if such negotiations fail to produce a written mutual agreement for extension by a date six months prior to the termination date, then El Dorado Logistics shall have the right to negotiate to enter into one or more pipeline delivery, tankage and loading FIRST AMENDED AND RESTATED PIPELINE DELIVERY, TANKAGE AND LOADING RACK THROUGHPUT AGREEMENT (EL DORADO) agreements with one or more third parties to begin after the date of termination; provided, however, that until the end of one year following termination without renewal of this Agreement, Frontier El Dorado will have the right to enter into a new pipeline delivery, tankage and loading agreement with El Dorado Logistics on commercial terms that substantially match the terms upon which El Dorado Logistics proposes to enter into an agreement with a third party for similar services with respect to all or a material portion of the El Dorado Assets. In such circumstances, El Dorado Logistics shall give Frontier El Dorado forty-five (45) days prior written notice of any proposed new pipeline delivery, tankage and loading agreement with a third party, and such notice shall inform Frontier El Dorado of the fee schedules, tariffs, duration and any other terms of the proposed third party agreement and Frontier El Dorado shall have forty-five (45) days following receipt of such notice to agree to the terms specified in the notice or Frontier El Dorado shall lose the rights specified by this Section 7(a) with respect to the assets that are the subject of such notice.

Right to Enter into a New Agreement. (a) In the event that Frontier El Dorado Cheyenne provides prior written notice to El Dorado Cheyenne Logistics of the desire of Frontier El Dorado Cheyenne to extend this Agreement by written mutual agreement of the Parties, the Parties shall negotiate in good faith to extend this Agreement by written mutual agreement, but, if such negotiations fail to produce a written mutual agreement FIRST AMENDED AND RESTATED TANKAGE, LOADING RACK AND CRUDE OIL RECEIVING THROUGHPUT AGREEMENT (CHEYENNE) for extension by a date six months prior to the termination date, then El Dorado Cheyenne Logistics shall have the right to negotiate to enter into one or more pipeline deliverycrude oil receiving, tankage and loading FIRST AMENDED AND RESTATED PIPELINE DELIVERY, TANKAGE AND LOADING RACK THROUGHPUT AGREEMENT (EL DORADO) agreements with one or more third parties to begin after the date of termination; provided, however, that until the end of one year following termination without renewal of this Agreement, Frontier El Dorado Cheyenne will have the right to enter into a new pipeline deliverycrude oil receiving, tankage and loading agreement with El Dorado Cheyenne Logistics on commercial terms that substantially match the terms upon which El Dorado Cheyenne Logistics proposes to enter into an agreement with a third party for similar services with respect to all or a material portion of the El Dorado Cheyenne Assets. In such circumstances, El Dorado Cheyenne Logistics shall give Frontier El Dorado Cheyenne forty-five (45) days prior written notice of any proposed new pipeline deliverycrude oil receiving, tankage and loading agreement with a third party, and such notice shall inform Frontier El Dorado Cheyenne of the fee schedules, tariffs, duration and any other terms of the proposed third party agreement and Frontier El Dorado Cheyenne shall have forty-five (45) days following receipt of such notice to agree to the terms specified in the notice or Frontier El Dorado Cheyenne shall lose the rights specified by this Section 7(a) with respect to the assets that are the subject of such notice.

Right to Enter into a New Agreement. (a) In the event that Frontier El Dorado Xxxxx Tulsa provides prior written notice to El Dorado Logistics HEP Tulsa of the desire of Frontier El Dorado Xxxxx Tulsa to extend this Agreement by written mutual agreement of the Parties, the Parties shall negotiate in good faith to extend this Agreement by written mutual agreement, but, if such negotiations fail to produce a written mutual agreement for extension by a date six months prior to the termination date, then El Dorado Logistics HEP Tulsa shall have the right to negotiate to enter into one or more pipeline deliverypipelines, tankage and loading FIRST AMENDED AND RESTATED PIPELINE DELIVERY, TANKAGE AND LOADING RACK THROUGHPUT AGREEMENT (EL DORADO) agreements with one or more third parties to begin after the date of termination; provided, however, provided that until the end of one year following termination without renewal of this Agreement, Frontier El Dorado Xxxxx Tulsa will have the right to enter into a new pipeline deliverypipelines, tankage and loading agreement with El Dorado Logistics HEP Tulsa on commercial terms that substantially match the terms upon which El Dorado Logistics proposes HEP Tulsa propose to enter into an agreement with a third party for similar services with respect to all or a material portion of the El Dorado AssetsPipelines, Tankage, or Loading Racks. In such circumstances, El Dorado Logistics HEP Tulsa shall give Frontier El Dorado Xxxxx Tulsa forty-five (45) days prior written notice of any proposed new pipeline deliverypipelines, tankage and loading agreement with a third party, and such notice shall inform Frontier El Dorado Xxxxx Tulsa of the fee schedules, tariffs, duration and any other terms of the proposed third party agreement and Frontier El Dorado Xxxxx Tulsa shall have forty-five (45) days following receipt of such notice to agree to the terms specified in the notice or Frontier El Dorado Xxxxx Tulsa shall lose the rights specified by this Section 7(a) with respect to the assets that are the subject of such notice.

Right to Enter into a New Agreement. (a) In the event that Frontier El Dorado provides prior written notice to El Dorado Logistics of the desire of Frontier El Dorado to extend this Agreement by written mutual agreement of the Parties, the Parties shall negotiate in good faith to extend this Agreement by written mutual agreement, but, if such negotiations fail to produce a written mutual agreement for extension by a date six months prior to the termination date, then El Dorado Logistics shall have the right to negotiate to enter into one or more pipeline delivery, tankage and loading FIRST AMENDED AND RESTATED PIPELINE DELIVERY, TANKAGE AND LOADING RACK THROUGHPUT AGREEMENT (EL DORADO) agreements with one or more third parties to begin after the date of termination; provided, however, that until the end of one year following termination without renewal of this Agreement, Frontier El Dorado will have the right to enter into a new pipeline delivery, tankage and loading agreement with El Dorado Logistics on commercial terms that substantially match the terms upon which El Dorado Logistics proposes to enter into an agreement with a third party for similar services with respect to all or a material portion of the El Dorado Assets. In such circumstances, El Dorado Logistics shall give Frontier El Dorado forty-five (45) days prior written notice of any proposed new pipeline delivery, tankage and loading agreement with a third party, and such notice shall inform Frontier El Dorado of the fee schedules, tariffs, duration and any other terms of the proposed third party agreement and Frontier El Dorado shall have forty-five (45) days following receipt of such notice to agree to the terms specified in the notice or Pipeline Delivery, Tankage and Loading Rack Throughput Agreement (El Dorado) Frontier El Dorado shall lose the rights specified by this Section 7(a) with respect to the assets that are the subject of such notice.

Right to Enter into a New Agreement. (a) In the event that Frontier El Dorado Tulsa Refining provides prior written notice to El Dorado Logistics HEP Tulsa of the desire of Frontier El Dorado Tulsa Refining to extend this Agreement by written mutual agreement of the Parties, the Parties shall negotiate in good faith to extend this Agreement by written mutual agreement, but, if such negotiations fail to produce a written mutual agreement for extension by a date six months prior to the termination date, then El Dorado Logistics HEP Tulsa shall have the right to negotiate to enter into one or more pipeline delivery, tankage and loading FIRST AMENDED AND RESTATED PIPELINE DELIVERY, TANKAGE AND LOADING RACK THROUGHPUT AGREEMENT (EL DORADO) throughput agreements with one or more third parties to begin after the date of termination; provided, however, provided that until the end of one year following termination without renewal of this Agreement, Frontier El Dorado Tulsa Refining will have the right to enter into a new pipeline delivery, tankage and loading throughput agreement with El Dorado Logistics HEP Tulsa on commercial terms that substantially match the terms upon which El Dorado Logistics HEP Tulsa proposes to enter into an agreement with a third party for similar services with respect to all or a material portion of the El Dorado AssetsTulsa Loading Racks. In such circumstances, El Dorado Logistics HEP Tulsa shall give Frontier El Dorado Tulsa Refining forty-five (45) days prior written notice of any proposed new pipeline delivery, tankage and loading throughput agreement with a third party, and such notice shall inform Frontier El Dorado Tulsa Refining of the fee schedules, tariffs, duration and any other terms of the proposed third party agreement and Frontier El Dorado Tulsa Refining shall have forty-five (45) days following receipt of such notice to agree to the terms specified in the notice or Frontier El Dorado Tulsa Refining shall lose the rights specified by this Section 7(a8(a) with respect to the assets that are the subject of such notice.

Right to Enter into a New Agreement. (a) In the event that Frontier El Dorado provides prior written notice to El Dorado Logistics of the desire of Frontier El Dorado to extend this Agreement by written mutual agreement of the Parties, the Parties shall negotiate in good faith to extend this Agreement by written mutual agreement, but, if such negotiations fail to produce a written mutual agreement for extension by a date six months prior to the termination date, then El Dorado Logistics shall have the right to negotiate to enter into one or more pipeline delivery, tankage and loading FIRST AMENDED AND RESTATED PIPELINE DELIVERY, TANKAGE AND LOADING RACK THROUGHPUT AGREEMENT (EL DORADO) agreements with one or more third parties to begin after the date of termination; provided, however, that until the end of one year following termination without renewal of this Agreement, Frontier El Dorado will have the right to enter into a new pipeline delivery, tankage and loading agreement with El Dorado Logistics on commercial terms that substantially match the terms upon which El Dorado Logistics proposes to enter into an agreement with a third party for similar services with respect to all or a material portion of the El Dorado Assets. In such circumstances, El Dorado Logistics shall give Frontier El Dorado forty-five (45) days prior written notice of any proposed new pipeline delivery, tankage and loading agreement with a third party, and such notice shall inform Frontier El Dorado of the fee schedules, tariffs, duration and any other terms of the proposed third party agreement and Frontier El Dorado shall have forty-five (45) days following receipt of such notice to agree to the terms specified in the notice or Frontier El Dorado shall lose the rights specified by this Section 7(a) with respect to the assets that are the subject of such notice.

Right to Enter into a New Agreement. (a) In the event that Frontier El Dorado Cheyenne provides prior written notice to El Dorado Cheyenne Logistics of the desire of Frontier El Dorado Cheyenne to extend this Agreement by written mutual agreement of the Parties, the Parties shall negotiate in good faith to extend this Agreement by written mutual agreement, but, if such negotiations fail to produce a written mutual agreement for extension by a date six months prior to the termination date, then El Dorado Cheyenne Logistics shall have the right to negotiate to enter into one or more pipeline deliverycrude oil receiving, tankage and loading FIRST AMENDED AND RESTATED PIPELINE DELIVERY, TANKAGE AND LOADING RACK THROUGHPUT AGREEMENT (EL DORADO) agreements with one or more third parties to begin after the date of termination; provided, however, that until the end of one year following termination without renewal of this Agreement, Frontier El Dorado Cheyenne will have the right to enter into a new pipeline deliverycrude oil receiving, tankage and loading agreement with El Dorado Cheyenne Logistics on commercial terms that substantially match the terms upon which El Dorado Cheyenne Logistics proposes to enter into an agreement with a third party for similar services with respect to all or a material portion of the El Dorado Cheyenne Assets. In such circumstances, El Dorado Cheyenne Logistics shall give Frontier El Dorado Cheyenne forty-five (45) days prior written notice of any proposed new pipeline deliverycrude oil receiving, tankage and loading agreement with a third party, and such notice shall inform Frontier El Dorado Cheyenne of the fee schedules, tariffs, duration and any other terms of the proposed third party agreement and Frontier El Dorado Cheyenne shall have forty-five (45) days following receipt of such notice to agree to the terms specified in the notice Tankage, Loading Rack and Crude Oil Receiving Throughput Agreement (Cheyenne) or Frontier El Dorado Cheyenne shall lose the rights specified by this Section 7(a) with respect to the assets that are the subject of such notice.