Common use of Tariffs and Terminal Service Fees Clause in Contracts

Tariffs and Terminal Service Fees. The service fees that HFRM shall pay to HEP Operating for terminalling the Refined Products in the Refined Product Terminals under this Section 2 are set forth on the fee schedule attached hereto as Exhibit C, as such exhibit may be amended from time-to-time in accordance with this Agreement. The tariff rates, rules and regulations applicable to interstate and intrastate service on the Refined Product Pipelines shall be as set forth in the tariffs referred to in Exhibit D, as such exhibit may be amended from time-to-time in accordance with this Agreement. The tariff rates shall be adjusted on the first day of each Contract Year by an amount equal to the percentage change, if any, rounded to four decimal places of the PPI calculated in accordance with the method set forth in Section 2(a)(ii); provided, however, that if the PPI index change is negative in a given year, then the tariff rates shall be decreased by an amount equal to such percentage change. If the PPI is no longer published, the Parties shall negotiate in good faith to agree on a new index that gives comparable protection against inflation or deflation, and the same method of adjustment for increases or decreases in the new index shall be used to calculate increases or decreases in the tariff rates. If the Parties are unable to agree, a new index will be determined by in accordance with the dispute resolution provisions of the Omnibus Agreement, and the same method of adjustment for increases or decreases in the new index shall be used to calculate increases or decreases in the tariff rates. Notwithstanding that the Minimum Revenue Commitment will be determined on a Contract Year basis, the applicable fees, tariff rates and other charges provided for in this Agreement will become effective as of the date of this Agreement, or in the case of the Refined Product Pipeline tariff rates, as soon thereafter as those rates become effective. To evidence the Parties’ agreement to each adjusted tariff rate, the Parties may, but shall not be obligated to, execute an amended, modified, revised or updated Exhibit D and attach it to this Agreement. If executed, such amended, modified, revised or updated Exhibit D shall be sequentially numbered (e.g. Exhibit X-0, Xxxxxxx X-0, etc.), dated and appended as an additional exhibit to this Agreement and shall replace the prior version of Exhibit D in its entirety, except as specified therein.

Tariffs and Terminal Service Fees. The initial service fees that HFRM shall pay to HEP Operating for terminalling the Refined Products in the Refined Product Terminals under this Section 2 are set forth on the fee schedule attached hereto as Exhibit C, as such exhibit may be amended from time-to-time in accordance with this Agreement. C. The tariff rates, rules and regulations applicable to interstate and intrastate service on the Refined Product Pipelines shall be as set forth in the pro forma rules and regulations tariffs referred to in attached hereto as Exhibit D, as such exhibit may be amended from time-to-time in accordance with this AgreementD and Exhibit E respectively. The initial tariff rates for interstate and intrastate service on the Refined Product Pipelines shall be as set forth in the pro forma tariffs attached hereto as Exhibit F and Exhibit G respectively. The initial tariff rates shall be adjusted on the first day July 1 of each Contract Year by an amount equal to the percentage change, if any, rounded to four decimal places of between the PPI calculated two immediately preceding calendar years, in accordance with the method set forth in Section 2(a)(ii); provided, however, that if the PPI index change is negative in a given year, then the tariff rates shall be decreased by an amount equal to such percentage changePPI. If the PPI that index is no longer published, the Parties Xxxxx Group and the Partnership Group shall negotiate in good faith to agree on a new index that gives comparable protection against inflation or deflation, deflation and the same method of adjustment for increases or decreases in the new index shall be used to calculate increases or decreases in the tariff rates. If the Parties Xxxxx Group and the Partnership Group are unable to agree, a new index will be determined by binding arbitration in accordance with the dispute resolution provisions Section 10(f) of the Omnibus Agreement, this Agreement and the same method of adjustment for increases or decreases in the new index shall be used to calculate increases or decreases in the tariff rates. Notwithstanding that the Minimum Revenue Commitment will be determined on a Contract Year basis, the applicable fees, tariff rates and other charges provided for in this Agreement will become effective as of the date of this Agreement, or in the case of the Refined Product Pipeline pipeline tariff rates, as soon thereafter as those rates become effective. To evidence The Partnership Group will use commercially reasonable efforts to obtain the Parties’ agreement necessary regulatory approvals for the Refined Product Pipeline tariff rates set forth in Exhibit F and Exhibit G to each adjusted tariff rate, become effective on the Parties may, but shall not be obligated to, execute an amended, modified, revised or updated Exhibit D and attach it to this Agreement. If executed, such amended, modified, revised or updated Exhibit D shall be sequentially numbered (e.g. Exhibit X-0, Xxxxxxx X-0, etc.), dated and appended as an additional exhibit to date of this Agreement and shall replace the prior version of Exhibit D in its entirety, except or as specified thereinsoon as possible thereafter.

Tariffs and Terminal Service Fees. The service fees that HFRM the Xxxxx Entities shall pay to HEP Operating the Partnership Entities for terminalling the Refined Products in the Refined Product Terminals under this Section 2 are set forth on the fee schedule attached hereto as Exhibit C, as such exhibit may be amended from time-to-time in accordance with this Agreement. The tariff rates, rules and regulations applicable to interstate and intrastate service on the Refined Product Pipelines shall be as set forth in the rules and regulations tariffs referred to in attached hereto as Exhibit DD and Exhibit E, respectively, as such exhibit exhibits may be amended from time-to-time in accordance with this Agreement. The tariff rates that the Xxxxx Entities shall pay to the Partnership Entities for interstate and intrastate service on the Refined Product Pipelines shall be as set forth in the tariffs attached hereto as Exhibit F and Exhibit G, respectively, as such exhibits may be amended from time-to-time in accordance with this Agreement. The tariff rates shall be adjusted on the first day of each Contract Year by an amount equal to the percentage change, if any, rounded to four decimal places of the PPI calculated in accordance with the method set forth in Section 2(a)(ii); provided, however, that if the PPI index change is negative in a given year, then the tariff rates shall be decreased by an amount equal to such percentage change. If the PPI is no longer published, the Parties Xxxxx Entities and the Partnership Entities shall negotiate in good faith to agree on a new index that gives comparable protection against inflation or deflation, and the same method of adjustment for increases or decreases in the new index shall be used to calculate increases or decreases in the tariff rates. If the Parties Xxxxx Entities and the Partnership Entities are unable to agree, a new index will be determined by binding arbitration in accordance with the dispute resolution provisions of the Omnibus AgreementSection 12(f), and the same method of adjustment for increases or decreases in the new index shall be used to calculate increases or decreases in the tariff rates. Notwithstanding that the Minimum Revenue Commitment will be determined on a Contract Year basis, the applicable fees, tariff rates and other charges provided for in this Agreement will become effective as of the date of this Agreement, or in the case of the Refined Product Pipeline tariff rates, as soon thereafter as those rates become effective. The Partnership Entities will use commercially reasonable efforts to obtain the necessary regulatory approvals for the Refined Product Pipeline tariff rates set forth in Exhibit F and Exhibit G to become effective on the date of this Agreement or as soon as possible thereafter, or as soon as possible after any amendment or adjustment, as applicable. To evidence the Parties’ agreement to each adjusted tariff rate, the Parties may, but shall not be obligated to, execute an amended, modified, revised or updated Exhibit D F and Exhibit G, as applicable, and attach it to this Agreement. If executed, such Such amended, modified, revised or updated Exhibit D F and Exhibit G, as applicable, shall be sequentially numbered (e.g. Exhibit X-0F-1, Xxxxxxx X-0Exhibit F-2, etc.), dated and appended as an additional exhibit to this Agreement and shall replace the prior version of Exhibit D F and Exhibit G, as applicable, in its entirety, except as specified therein.