Common use of Throughput Fee at the Terminal Clause in Contracts

Throughput Fee at the Terminal. (i) The throughput fee initially applicable to throughput at the Terminal shall be $0.35 per barrel (the “Throughput Fee”). Subject to Sections 2(e) and Section 2(k), Refining shall pay Logistics an amount equal to the Throughput Fee multiplied by the Actual Throughput at the Terminal. (ii) Logistics shall provide the Ancillary Services to Refining at the Terminal. Refining shall pay the per-barrel Ancillary Services Fees listed on Exhibit B for such services. If any additional ancillary services are requested by Refining that are different in kind, scope or frequency from the Ancillary Services that have been historically provided, then the HOU02:1274125 - 7 - Parties shall negotiate in good faith to determine whether such ancillary services may be provided and the appropriate rates to be charged for such ancillary services. All fuel additives, dyes, de-icers and other additions requested to be added to the Materials will be provided by Refining at no cost to Logistics. (iii) The Throughput Fee shall be adjusted on July 1 of each Contract Year commencing on July 1, 2014, by an amount equal to the increase or decrease, if any, in the Inflation Index; provided, however, that the Throughput Fee shall not be decreased below the initial Throughput Fee provided in this Section 2(c). If the PPI is no longer published, Logistics and Refining shall negotiate in good faith to agree on a new index that gives comparable protection against inflation and the same method of adjustment for increases or decreases in the new index shall be used to calculate increases or decreases in the Throughput Fee. If Refining and Logistics are unable to agree, a new index will be determined by arbitration in accordance with Section 13(i) and the same method of adjustment for increases in the new index shall be used to calculate increases in the Throughput Fee. (iv) During the Term of this Agreement, if new laws or regulations are enacted that require Logistics to make substantial and unanticipated capital expenditures with respect to the Terminal, the Parties will renegotiate the Throughput Fee in good faith in order to compensate Logistics on account of such incremental capital costs. The Parties shall use their commercially reasonable efforts to mitigate the impact of, and comply with, such new laws or regulations. If Refining and Logistics are unable to agree upon a renegotiated Throughput Fee, the renegotiated Throughput Fee will be determined by arbitration in accordance with Section 13(i).

Throughput Fee at the Terminal. (i) The throughput fee initially applicable to throughput at the Terminal shall be $0.35 0.50 per barrel (the “Throughput Fee”). Subject to Sections 2(e) and Section 2(k2(h), Refining Lion shall pay Logistics an amount equal to the Throughput Fee multiplied by the Actual Throughput at the Terminal. (ii) Logistics shall provide the Ancillary Services to Refining Lion at the Terminal. Refining Lion shall pay the per-barrel Ancillary Services Fees listed on Exhibit B for such services. If any additional ancillary services are requested by Refining that are different in kind, scope or frequency from the Ancillary Services that have been historically provided, then the HOU02:1274125 - 7 - Parties shall negotiate in good faith to determine whether such ancillary services may be provided and the appropriate rates to be charged for such ancillary services. All fuel additives, dyes, de-icers and other additions requested to be added to the Materials will be provided by Refining Lion at no cost to Logistics. (iii) The Throughput Fee shall be adjusted on July 1 of each Contract Year commencing on July 1, 2014, by an amount equal to the increase or decrease, if any, in the Inflation Index; provided, however, that the Throughput Fee shall not be decreased below the initial Throughput Fee provided in this Section 2(c). If the PPI is no longer published, Logistics and Refining Lion shall negotiate in good faith to agree on a new index that gives comparable protection against inflation and the same method of adjustment for increases or decreases in the new index shall be used to calculate increases or decreases in the Throughput Fee. If Refining Lion and Logistics are unable to agree, a new index will be determined by arbitration in accordance with Section 13(i21(m) and the same method of adjustment for increases in the new index shall be used to calculate increases in the Throughput Fee. (iv) During the Term of this Agreement, if new laws or regulations are enacted that require Logistics to make substantial and unanticipated capital expenditures with respect to the Terminal, the Parties will renegotiate the Throughput Fee in good faith in order to compensate Logistics on account of such incremental capital costs. The Parties shall use their commercially reasonable efforts to mitigate the impact of, and comply with, such new laws or regulations. If Refining Lion and Logistics are unable to agree upon a renegotiated Throughput Fee, the renegotiated Throughput Fee will be determined by arbitration in accordance with Section 13(i21(m).

Throughput Fee at the Terminal. (i) The throughput fee initially applicable to throughput at the Terminal shall be $0.35 0.742 per barrel effective as of the Effective Date (the “Initial Throughput Fee”) and $0.270 per barrel effective as of February 1, 2025 (the “2025 Throughput Fee,” and together with the Initial Throughput Fee, the “Throughput Fee”). Subject to Sections 2(e) and Section 2(k2(h), Refining DKTS shall pay Logistics an amount equal to the Throughput Fee multiplied by the Actual Throughput at the Terminal. (ii) Logistics shall provide the Ancillary Services to Refining DKTS at the Terminal. Refining DKTS shall pay the per-barrel Ancillary Services Fees listed on Exhibit B for such services. If any additional ancillary services are requested by Refining that are different in kind, scope or frequency from the Ancillary Services that have been historically provided, then the HOU02:1274125 - 7 - Parties shall negotiate in good faith to determine whether such ancillary services may be provided and the appropriate rates to be charged for such ancillary services. All fuel additives, dyes, de-icers and other additions requested to be added to the Materials will be provided by Refining DKTS at no cost to Logistics. (iii) The Throughput Fee shall be adjusted on July 1 of each Contract Year Year, commencing on July 1, 20142025, by an amount equal to the increase or decrease, if any, in the Inflation Index; provided, however, that the Throughput Fee shall not be decreased below the initial applicable Throughput Fee provided in this Section 2(c). If the PPI is no longer published, Logistics and Refining DKTS shall negotiate in good faith to agree on a new index that gives comparable protection against inflation and the same method of adjustment for increases or decreases in the new index shall be used to calculate increases or decreases in the Throughput Fee. If Refining DKTS and Logistics are unable to agree, a new index will be determined by arbitration in accordance with Section 13(i21(m) and the same method of adjustment for increases in the new index shall be used to calculate increases in the Throughput Fee. (iv) During the Term of this Agreement, if new laws or regulations are enacted that require Logistics to make substantial and unanticipated capital expenditures with respect to the Terminal, the Parties will renegotiate the Throughput Fee in good faith in order to compensate Logistics on account of such incremental capital costs. The Parties shall use their commercially reasonable efforts to mitigate the impact of, and comply with, such new laws or regulations. If Refining DKTS and Logistics are unable to agree upon a renegotiated Throughput Fee, the renegotiated Throughput Fee will be determined by arbitration in accordance with Section 13(i21(m).

Throughput Fee at the Terminal. (i) The throughput fee initially applicable to throughput at the Terminal shall be $0.35 0.540 per barrel as of the Effective Date (the “Initial Throughput Fee”), and $0.400 per barrel effective April 1, 2026 (the “2026 Throughput Fee” and together with the Initial Throughput Fee, collectively the “Throughput Fee”). Subject to Sections 2(e) and Section 2(k), Refining DKTS shall pay Logistics an amount equal to the Throughput Fee multiplied by the Actual Throughput at the Terminal. (ii) Logistics shall provide the Ancillary Services to Refining DKTS at the Terminal. Refining DKTS shall pay the per-barrel Ancillary Services Fees listed on Exhibit B for such services. If any additional ancillary services are requested by Refining DKTS that are different in kind, scope or frequency from the Ancillary Services that have been historically provided, then the HOU02:1274125 - 7 - Parties shall negotiate in good faith to determine whether such ancillary services may be provided and the appropriate rates to be charged for such ancillary services. All fuel additives, dyes, de-icers and other additions requested to be added to the Materials will be provided by Refining DKTS at no cost to Logistics. (iii) The Throughput Fee shall be adjusted on July 1 of each Contract Year commencing on July 1, 20142025, by an amount equal to the increase or decrease, if any, in the Inflation Index; provided, however, that the Throughput Fee shall not be decreased below the initial applicable Throughput Fee provided in this Section 2(c). If the PPI is no longer published, Logistics and Refining DKTS shall negotiate in good faith to agree on a new index that gives comparable protection against inflation and the same method of adjustment for increases or decreases in the new index shall be used to calculate increases or decreases in the Throughput Fee. If Refining DKTS and Logistics are unable to agree, a new index will be determined by arbitration in accordance with Section 13(i) and the same method of adjustment for increases in the new index shall be used to calculate increases in the Throughput Fee. (iv) During the Term of this Agreement, if new laws or regulations are enacted that require Logistics to make substantial and unanticipated capital expenditures with respect to the Terminal, the Parties will renegotiate the Throughput Fee in good faith in order to compensate Logistics on account of such incremental capital costs. The Parties shall use their commercially reasonable efforts to mitigate the impact of, and comply with, such new laws or regulations. If Refining DKTS and Logistics are unable to agree upon a renegotiated Throughput Fee, the renegotiated Throughput Fee will be determined by arbitration in accordance with Section 13(i).