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

Right to Enter into a New Agreement. In the event that DKTS fails to exercise its option to extend this Agreement for any Renewal Term, Logistics shall have the right to negotiate to enter into one or more new tankage agreements with respect to the Tankage with one or more third parties to begin after the date of termination. In such circumstances, Logistics shall give DKTS 45 days’ prior written notice of any proposed new tankage agreement with a third party, including (i) the material terms and conditions thereof (including fee schedules, tariffs and duration) and (ii) a 45-day period (beginning on DKTS’s receipt of such written notice) (the “First Offer Period”) in which DKTS may enter into a new tankage agreement with Logistics (the “Right of First Refusal”). If DKTS makes an offer on commercial terms that are no less favorable, taken as a whole, than the proposed third-party offer with respect to such tankage agreement during the First Offer Period, then Logistics shall be obligated to enter into a tankage agreement with DKTS on the terms set forth in its proposed offer. If DKTS does not exercise its Right of First Refusal in the matter set forth above, Logistics may proceed with the negotiation of and entry into the third-party agreement.

Right to Enter into a New Agreement. In the event that DKTS fails to exercise its option to extend this Agreement for any Renewal Term, Logistics shall have the right to negotiate to enter into one or more new throughput and tankage agreements with respect to the Terminal and/or the Tankage with one or more third parties to begin after the date of termination. In such circumstances, Logistics shall give DKTS 45 days’ prior written notice of any proposed new throughput and tankage agreement with a third party, including (i) the material terms and conditions thereof (including fee schedules, tariffs and duration) and (ii) a 45-day period (beginning on DKTS’s ’ receipt of such written notice) (the “First Offer Period”) in which DKTS may enter into a new throughput and tankage agreement with Logistics (the “Right of First Refusal”). If DKTS makes an offer on commercial terms that are no less favorable, taken as a whole, than the proposed third-party offer with respect to such throughput and tankage agreement during the First Offer Period, then Logistics shall be obligated to enter into a throughput and tankage agreement with DKTS on the terms set forth in its proposed offer. If DKTS does not exercise its Right of First Refusal in the matter set forth above, Logistics may proceed with the negotiation of and entry into the third-party agreement.

Right to Enter into a New Agreement. In the event that DKTS fails to exercise its option to extend this Agreement for any the Renewal Term, Logistics shall have the right to negotiate to enter into one or more new throughput and tankage agreements with respect to the Terminal and/or the Tankage with one or more third parties to begin after the date of termination. In such circumstances, Logistics shall give DKTS 45 days’ prior written notice of any proposed new throughput and tankage agreement with a third party, including (i) the material terms and conditions thereof (including fee schedules, tariffs and duration) and (ii) a 45-day period (beginning on DKTS’s receipt of such written notice) (the “First Offer Period”) in which DKTS may enter into a new throughput and tankage agreement with Logistics (the “Right of First Refusal”). If DKTS makes an offer on commercial terms that are no less favorable, taken as a whole, than the proposed third-party offer with respect to such throughput and tankage agreement during the First Offer Period, then Logistics shall be obligated to enter into a throughput and tankage agreement with DKTS on the terms set forth in its proposed offer. If DKTS does not exercise its Right of First Refusal in the matter set forth above, Logistics may proceed with the negotiation of and entry into the third-party agreement.

Right to Enter into a New Agreement. In the event that DKTS fails to exercise its option to extend this Agreement for any the Renewal Term, Logistics shall have the right to negotiate to enter into one or more new tankage offload and throughput agreements with respect to the Tankage Rail Offloading Facility with one or more third parties to begin after the date of termination. In such circumstances, Logistics shall give DKTS 45 days’ prior written notice of any proposed new tankage offload and throughput agreement with a third party, including (i) the material terms and conditions thereof (including fee schedules, tariffs schedules and duration) and (ii) a 45-day period (beginning on DKTS’s ’ receipt of such written notice) (the “First Offer Period”) in which DKTS may enter into a new tankage offload and throughput agreement with Logistics (the “Right of First Refusal”). If DKTS makes an offer on commercial terms that are no less favorable, taken as a whole, than the proposed third-party offer with respect to such tankage offload and throughput agreement during the First Offer Period, then Logistics shall be obligated to enter into a tankage offload and throughput agreement with DKTS on the terms set forth in its proposed offer. If DKTS does not exercise its Right of First Refusal in the matter set forth above, Logistics may proceed with the negotiation of and entry into the third-party agreement.