Examples of Delek Big Xxxxx in a sentence
Allocation of benefits under such business interruption insurance policy shall be proportionate to the loss in operating margin sustained by DKTS and Delek-Big Xxxxx as a result of the interruption.
At the meeting, the Parties will negotiate in good faith with the objective of reaching a joint resolution for the Restoration of capacity on the Facilities which will, among other things, specify steps to be taken by Delek-Big Xxxxx to fully accomplish Restoration and the deadlines by which the Restoration must be completed (the “Capacity Resolution”).
Delek-Big Xxxxx shall use commercially reasonable efforts to continue to provide shipment, storage and throughput of DKTS’ Products at the Facilities, to the extent the Facilities have capability of doing so, during the period before Restoration is completed.
DKTS shall maintain commercially reasonable business interruption insurance for the benefit of the Facilities for so long as Delek-Big Xxxxx is a consolidated subsidiary of Delek US.
In the event the Parties agree to an expedited Restoration plan wherein DKTS agrees to fund a portion of the Restoration cost, then neither Party shall have the right to terminate this Agreement pursuant to Section 24 above, so long as such Restoration is completed with due diligence and dispatch, and DKTS shall pay its portion of the Restoration costs to Delek-Big Xxxxx in advance based on a good faith estimate based on reasonable engineering standards.
DKTS shall pay or cause to be paid all taxes, levies, royalties, assessments, licenses, fees, charges, surcharges and sums due of any nature whatsoever (other than income taxes, gross receipt taxes, ad valorem or property taxes and similar taxes on the Facilities) imposed by any federal, state or local government that Delek-Big Xxxxx incurs on DKTS’ behalf for the services provided by Delek-Big Xxxxx under this Agreement.
In the event that DKTS’ economic considerations justify incurring additional costs to complete the Restoration in a more expedited manner than the time schedule determined in accordance with the preceding sentence, DKTS may require Delek-Big Xxxxx to expedite the Restoration to the extent reasonably possible, subject to Refining’s payment, in advance, of the estimated incremental costs to be incurred as a result of the expedited time schedule.
Upon completion, DKTS shall pay the difference between the actual portion of Restoration costs to be paid by DKTS pursuant to this Section 25(c) and the estimated amount paid under the preceding sentence within thirty (30) days after receipt of Delek-Big Sandy’s invoice therefor, or, if appropriate, Delek-Big Xxxxx shall pay DKTS the excess of the estimate paid by DKTS over Delek-Big Sandy’s actual costs as previously described within thirty (30) days after completion of the Restoration.
If Delek-Big Xxxxx and DKTS are unable to agree, a new index will be determined by arbitration in accordance with Section 30(d).
If Delek-Big Xxxxx is required to pay any of the foregoing, the Parties shall cooperate with respect to any filings or contests with respect thereto and DKTS shall promptly reimburse Delek-Big Xxxxx in accordance with the payment terms set forth in this Agreement.