Common use of HEP’s Right to Temporarily Suspend Operations Clause in Contracts

HEP’s Right to Temporarily Suspend Operations. In the event that HEP is required temporarily to suspend pipeline operations, in order to effect any construction or repairs to or any maintenance of any portion of the Refined Product Pipelines or the Refined Product Terminals, or to perform pipeline integrity testing (or repairs related thereto) (collectively, “Maintenance Activities”), HEP shall have the right to do so, provided that (i) HEP shall use its commercially reasonable efforts to schedule and perform any Maintenance Activities so as to minimize interference with ALON’s transportation schedule, (ii) if ALON provides HEP with at least 120 days advance written notice of the date of any Refinery turnaround, HEP shall use its best efforts to schedule and perform any Maintenance Activities during the Refinery’s turnarounds provided such scheduling does not materially increase HEP’s cost of performing such Maintenance Activities, (iii) HEP shall provide ALON with a minimum of 60 days advance written notice of any scheduled Maintenance Activities, and (iv) HEP shall complete any Maintenance Activities (scheduled or unscheduled) with reasonable dispatch. The provisions set forth in clauses (ii) through (iii) of the immediately preceding sentence of this Section 10(c) shall not apply to the extent HEP determines in good faith that emergency Maintenance Activities are required in connection with the Refined Product Pipelines or Refined Product Terminals. In addition, in the event Maintenance Activities are required to be performed within time periods that do not permit HEP to provide ALON with 60 days advance written notice of such activities, HEP shall provide ALON with notice of such Maintenance Activities as soon as is reasonably practical under the circumstances. If ALON is unable to transport on the Refined Product Pipelines or terminal in the Refined Product Terminals the volumes of Refined Products required to meet the Minimum Volume Commitment for any period of time as a result of HEP’s activities under this Section 10(c), then the Minimum Volume Commitment will be reduced as provided by Section 2(a)(ii).