Common use of Measurement Clause in Contracts

Measurement. All quantities of Products received or delivered by or into truck, rail, or marine vessel shall be measured and determined based upon the meter readings at each Terminal, as reflected by delivery tickets or bills of lading, or if such meters are unavailable, by applicable calibration tables. All quantities of Products received and delivered by pipeline shall be measured and determined based upon the meter readings of the pipeline operator, as reflected by delivery tickets, or if such meters are unavailable, by applicable calibration tables. Deliveries to a Terminal rack at Mandan, Salt Lake City or Wilmington from a Tesoro Refinery shall be deemed to be the same as the corresponding volumes delivered contemporaneously from the Terminal rack. Deliveries by book transfer shall be reflected by entries in the books of TLO. All quantities shall be adjusted to net gallons at 60° F in accordance with ASTM D-1250 Petroleum Measurement Tables, or latest revisions thereof. A barrel shall consist of 42 U.S. gallons and a gallon shall contain 231 cubic inches. Meters and temperature probes shall be calibrated according to applicable API standards. Tesoro shall have the right, at its sole expense, and in accordance with rack location procedure, to independently certify said calibration. Storage tank gauging shall be performed by TLO’s personnel. TLO’s gauging shall be deemed accurate unless challenged by an independent certified ▇▇▇▇▇▇. Tesoro may perform joint gauging at its sole expense with TLO’s personnel at the time of delivery or receipt of Product, to verify the amount involved. If Tesoro should request an independent ▇▇▇▇▇▇, such ▇▇▇▇▇▇ must be acceptable to TLO, and such gauging shall be at Tesoro’s sole expense.

Measurement. All quantities of Products received or delivered by or into truck, rail, truck or marine vessel rail shall be measured and determined based upon the meter readings at each the Terminal, as reflected by delivery tickets or bills of lading, or if such meters are unavailable, by applicable calibration tables. All quantities of Products received and delivered by pipeline shall be measured and determined based upon the meter readings of the pipeline operator, as reflected by delivery tickets, or if such meters are unavailable, by applicable calibration tables. Deliveries to a Terminal rack at Mandan, Salt Lake City or Wilmington from a Tesoro Refinery shall be deemed to be the same as the corresponding volumes delivered contemporaneously from the Terminal rack. Deliveries by book transfer shall be reflected by entries in the books of TLODelek-Big ▇▇▇▇▇. All quantities shall be adjusted to net gallons at 60° F in accordance with ASTM D-1250 Petroleum Measurement Tables, or latest revisions thereof. A barrel shall consist of 42 U.S. gallons and a gallon shall contain 231 cubic inches. Meters and temperature probes shall be calibrated according to applicable API standards. Tesoro Delek Refining shall have the right, at its sole expense, and in accordance with rack location procedure, to independently certify said calibration. Storage tank gauging shall be performed by TLODelek-Big Sandy’s personnel. TLODelek-Big Sandy’s gauging shall be deemed accurate unless challenged by an independent certified ▇▇▇▇▇▇. Tesoro Delek Refining may perform joint gauging at its sole expense with TLODelek-Big Sandy’s personnel at the time of delivery or receipt of Product, to verify the amount involved. If Tesoro Delek Refining should request an independent ▇▇▇▇▇▇, such ▇▇▇▇▇▇ must be acceptable to TLODelek-Big ▇▇▇▇▇, and such gauging shall be at TesoroDelek Refining’s sole expense.

Measurement. All quantities of Products received or delivered by or into truck, rail, or marine vessel shall be measured and determined based upon the meter readings at each Terminal, as reflected by delivery tickets or bills of lading, or if such meters are unavailable, by applicable calibration tables. All quantities of Products received and delivered by pipeline at each Terminal shall be measured and determined based upon the meter readings of the pipeline operator, as reflected by delivery tickets, or if such meters are unavailable, by applicable calibration tables. Deliveries to a Terminal rack at Mandan, Salt Lake City or Wilmington from a Tesoro Refinery shall be deemed to be the same as the corresponding volumes delivered contemporaneously from the Terminal rack. Deliveries by book transfer shall be reflected by entries in the books of TLO. All quantities shall be adjusted to net gallons at 60° F in accordance with ASTM D-1250 Petroleum Measurement Tables, or latest revisions thereof. A barrel shall consist of 42 U.S. gallons and a gallon shall contain 231 cubic inches. Meters and temperature probes shall be calibrated according to applicable API standards. Tesoro shall have the right, at its sole expense, and in accordance with rack location procedure, to independently certify said such calibration. Storage tank gauging shall be performed by TLO’s personnel. TLO’s gauging shall be deemed accurate unless challenged by an independent certified ▇▇▇▇▇▇. Tesoro may perform joint gauging at its sole expense with TLO’s personnel at the time of delivery or receipt of Product, to verify the amount involved. If Tesoro should request an independent ▇▇▇▇▇▇, such ▇▇▇▇▇▇ must be acceptable to TLO, TLO and such gauging shall be at Tesoro’s sole expense.

Measurement. All quantities of Products Materials received or delivered by or into truck, rail, truck or marine vessel rail shall be measured and determined based upon the meter readings at each the Tankage or the Terminal, as applicable, as reflected by delivery tickets or bills of lading, or if such meters are unavailable, by applicable calibration tables. All quantities of Products Materials received and delivered by pipeline shall be measured and determined based upon the meter readings of the pipeline operator, as reflected by delivery tickets, or if such meters are unavailable, by applicable calibration tables. Deliveries to a Terminal rack at Mandan, Salt Lake City or Wilmington from a Tesoro Refinery shall be deemed to be the same as the corresponding volumes delivered contemporaneously from the Terminal rack. Deliveries by book transfer shall be reflected by entries in the books of TLOLogistics. All quantities shall be adjusted to net gallons at 60° F in accordance with ASTM D-1250 Petroleum Measurement Tables, or latest revisions thereof. A barrel shall consist of 42 U.S. gallons and a gallon shall contain 231 cubic inches. Meters and temperature probes shall be calibrated according to applicable API standards. Tesoro At least quarterly, Refining shall have the right, at its sole expense, and in accordance with rack location procedure, to independently certify verify, or cause to be verified, said calibration, with any third-party costs and expenses to be borne by Refining. Storage tank gauging shall be performed by TLO’s personnelLogistics’ personnel daily. TLO’s Logistics’ gauging shall be deemed accurate unless challenged by an independent certified ▇▇▇▇▇▇. Tesoro Refining may perform perform, or cause to be performed, joint gauging with Logistics’ personnel (or, at its Refining’s sole expense expense, with TLO’s personnel third-party personnel) at the time of delivery or receipt of Product, to verify the amount involved. If Tesoro Refining should request an independent ▇▇▇▇▇▇, such ▇▇▇▇▇▇ must be reasonably acceptable to TLOLogistics, and the costs of such gauging independent ▇▇▇▇▇▇ shall be at TesoroRefining’s sole expense.

Measurement. All quantities of Products received or delivered by or into truck, rail, or marine vessel shall be measured and determined based upon the meter readings at each Terminal, as reflected by delivery tickets or bills of lading, or if such meters are unavailable, by applicable calibration tables. All quantities of Products received and delivered by pipeline shall be measured and determined based upon the meter readings of the pipeline operator, as reflected by delivery tickets, or if such meters are unavailable, by applicable calibration tables. Deliveries to a Terminal rack at Mandan, Salt Lake City or Wilmington from a Tesoro Refinery shall be deemed to be the same as the corresponding volumes delivered contemporaneously from the Terminal rack. Deliveries by book transfer shall be reflected by entries in the books of TLO. All quantities shall be adjusted to net gallons at 60° F in accordance with ASTM D-1250 Petroleum Measurement Tables, or latest revisions thereof. A barrel shall consist of 42 U.S. gallons and a gallon shall contain 231 cubic inches. Meters and temperature probes shall be calibrated according to applicable API standards. Tesoro shall have the right, at its sole expense, and in accordance with rack location procedure, to independently certify said such calibration. Storage tank gauging shall be performed by TLO’s 's personnel. TLO’s 's gauging shall be deemed accurate unless challenged by an independent certified ▇▇▇▇▇▇. Tesoro may perform joint gauging at its sole expense with TLO’s 's personnel at the time of delivery or receipt of Product, to verify the amount involved. If Tesoro should request an independent ▇▇▇▇▇▇, such ▇▇▇▇▇▇ must be acceptable to TLO, TLO and such gauging shall be at Tesoro’s 's sole expense.

Measurement. The measurement conditions and procedures set forth in this Article VI shall be applicable to this Agreement except to the extent that they are inconsistent with Lone Star’s then current measurement conditions and procedures at the Point of Measurement in which case Lone Star’s then current measurement conditions and procedures shall apply at the Point of Measurement. 6.1 The unit of volume for measurement of gas delivered hereunder shall be the quantity of gas contained in one (1) cubic foot of space at a base temperature of sixty degrees (60º) Fahrenheit and at a pressure of fourteen and sixty-five hundredths (14.65) psia, and otherwise provided by the Standard Gas Measurement Law of the Jurisdictional Agency. Except as provided by that law, all fundamental constants, observations, records, and procedures involved in determining and/or verifying the quantity and other characteristics of gas delivered hereunder shall, unless otherwise specified herein, be in accordance with the standards prescribed in Report No. 3 of the American Gas Association (“AGA”) as from time to time amended or supplemented. All measurements of gas shall be determined by calculation into terms of such unit. All quantities given herein, unless otherwise expressly stated, are in terms of Products received such unit. 6.2 Buyer or delivered by or into truckits designee shall install, railmaintain and operate, or marine vessel cause such to be done, at its own expense, a measuring station located at the gas outlet of the field separator installed for a well (“Well Meter”) and a measuring station located at the Point of Measurement. Each measuring station shall be measured so equipped with orifice meters, recording gauges, or other types of meter or meters of standard make and design commonly acceptable in the industry, as to accomplish the accurate measurement of gas delivered hereunder. The changing of the charts and calibrating and adjusting of meters shall be done by Buyer or Buyer’s designee. 6.3 Seller may, at its option and expense, install check meters and gas samplers for checking Buyer’s metering equipment; and they shall be so installed so as not to interfere with the operation of Buyer’s facilities. Measurements of gas shall be by the Buyer’s or its designee’s measurement equipment only, except as otherwise herein provided. 6.4 The temperature of gas flowing through the meter or meters shall be determined by the continuous use of a recording thermometer installed so that it will properly record the temperature of the gas flowing through the meter or meters, or at Buyer’s option, by periodic tests conducted with a mercury thermometer. The arithmetical average of the hourly temperature recorded each day during the time that gas was actually flowing through the meter shall be used in computing measurements for that day. 6.5 The specific gravity of the gas flowing through the meter or meters may, at Buyer’s option, be determined by the use of a recording gravitometer installed so that it will properly record the specific gravity of the gas flowing through the meter or meters. The arithmetical average of the hourly specific gravity during the time that gas was actually flowing through the meter each day shall be used in computing measurements for that day. If Buyer does not elect to install a recording gravitometer, the specific gravity of the gas flowing through the meter or meters shall be determined at quarterly intervals, or more often, at Buyer’s election, by use of the AGA accepted gravitometer or by computation from fractional analysis of samples of gas taken at the Point of Measurement. Specific gravities so determined will be used in calculating gas deliveries for the day on which the test is made, and for all following days, until the next specific gravity test is made. 6.6 The gross heating value in Btu’s will be determined only at the Point of Measurement and may, at Buyer’s option, be determined by a recording calorimeter installed at the Point of Measurement. The arithmetical average of the hourly heating values recorded each day during the time that gas was actually flowing through the meter shall be considered as the gross heating value of the gas delivered during such day. If Buyer does not elect to install a recording calorimeter, the gross heating value of the gas at the Point of Measurement shall be determined by Buyer at quarterly intervals (or other intervals as agreed to by Buyer or Seller) by the taking of samples at Buyer’s meter. The sample may be run on a calorimeter at another location or the heating value may be computed from fractional analysis of such samples. The result shall be applied to gas deliveries for the day when the sample is taken, and for all following days, until that on which a new sample is taken. Seller shall have the right to witness all of Buyer’s tests for heating value of the gas. 6.7 Each party shall have the right to be present at the time of any installing, reading, cleaning, changing, repairing, inspection, testing, calibrating, or adjusting done in connection with the other’s measuring equipment used in measuring deliveries hereunder. The records from such measuring equipment shall remain the property of their owner, but upon request, each will submit to the other its records and charts, together with calculations therefrom subject to return within fifteen (15) days after receipt thereof. At least once each quarter, Buyer shall calibrate the meters and instruments or cause the same to be calibrated. Buyer shall give Seller sufficient notice in advance of such tests so that Seller may, at its election, be present in person or by its representative, to observe adjustments, if any, which are made. For the purpose of measurement and meter calibration, the atmospheric pressure shall be assumed to be fourteen and seven-tenths (14.7) psia, irrespective of variations in natural atmospheric pressure from time to time. 6.8 If, upon any tests, the metering equipment in the aggregate is found to be inaccurate by more than two percent (2%), registration thereof and any payment based upon such registration, shall be corrected at the meter readings at each Terminal, as reflected by delivery tickets rate of such inaccuracy for any period of inaccuracy which is definitely known or bills of ladingagreed upon, or if such meters are unavailablenot known or agreed upon, by applicable calibration tables. All quantities of Products received and delivered by pipeline shall be measured and determined based upon the meter readings then for a period extending back one-half (1/2) of the pipeline operatortime elapsed since the last date of calibration. Following any tests, as reflected by delivery tickets, or if such meters are unavailable, by applicable calibration tables. Deliveries to a Terminal rack at Mandan, Salt Lake City or Wilmington from a Tesoro Refinery shall be deemed any metering equipment found to be the same as the corresponding volumes delivered contemporaneously from the Terminal rack. Deliveries by book transfer shall be reflected by entries in the books of TLO. All quantities inaccurate to any degree shall be adjusted immediately to net gallons at 60° F in accordance with ASTM D-1250 Petroleum Measurement Tablesmeasure accurately. If for any reason any meter is out of service or out of repair so that the quantity of gas delivered through such meter cannot be ascertained or computed from the readings thereof, or latest revisions thereof. A barrel shall consist the quantity of 42 U.S. gallons and a gallon shall contain 231 cubic inches. Meters and temperature probes gas delivered during such period shall be calibrated according to applicable API standards. Tesoro shall have estimated and agreed upon by the rightparties hereto upon the basis of the best available data, at its sole expenseusing the first of the following methods which is feasible: (a) By using the registration of any check measuring equipment of Seller, if installed and in accordance with rack location procedureregistering accurately; (b) By correcting the error, to independently certify said if the percentage of error is ascertainable by calibration. Storage tank gauging , test or mathematical calculation; (c) By estimating the quantity of deliveries by deliveries during the preceding periods under similar conditions when the meter was registering accurately. 6.9 The measurement hereunder shall be performed by TLO’s personnel. TLO’s gauging shall be deemed accurate unless challenged by an independent certified corrected for deviation from ▇▇▇▇▇▇. Tesoro may perform joint gauging at its sole expense with TLO’s personnel ’▇ Law at the time of delivery or receipt of Product, to verify the amount involved. If Tesoro should request an independent ▇▇▇▇▇▇, such ▇▇▇▇▇▇ must be acceptable to TLO, pressure and such gauging shall be at Tesoro’s sole expensetemperatures under which gas is delivered hereunder.

Measurement. 13.1 All quantities of Products volumes: (a) received or delivered by or into truck, rail, truck or marine vessel rail shall be measured and determined based upon the meter readings at each Terminal, as reflected by delivery tickets or bills of lading, or if such meters are unavailable, by applicable calibration tables. All quantities of Products ; (b) received and delivered by pipeline shall be measured and determined based upon the meter readings of the pipeline operator, as reflected by delivery tickets, or if such meters are unavailable, by applicable calibration tables. Deliveries to a Terminal rack at Mandan, Salt Lake City or Wilmington from a Tesoro Refinery shall be deemed to be the same as the corresponding volumes . (c) delivered contemporaneously from the Terminal rack. Deliveries by book transfer shall be reflected by entries in the books of TLOWRT. All quantities shall be adjusted to net gallons at 60° F in accordance with ASTM D-1250 Petroleum Measurement TablesTERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, or latest revisions thereof. A barrel shall consist of 42 U.S. gallons and a gallon shall contain 231 cubic inches. AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH TWO ASTERISKS (**). 13.2 Meters and temperature probes shall be calibrated according to applicable API standards; provided, however, that those meters utilized to determine losses for purposes of Article 9 shall be calibrated monthly at WRT’s sole expense. Tesoro WNR shall have the right, at its sole expense, and in accordance with rack location procedureprocedures at the applicable Terminal, to independently certify said calibration. Storage tank gauging shall be performed by TLOWRT’s personnel. TLOWRT’s gauging shall be deemed accurate unless challenged by an independent certified ▇▇▇▇▇▇. Tesoro WNR may perform joint gauging at its sole expense with TLOWRT’s personnel at the time of delivery or receipt of Product, to verify the amount involvedpersonnel. If Tesoro WNR should request an independent ▇▇▇▇▇▇, such ▇▇▇▇▇▇ must be acceptable to TLOWRT, and such gauging shall be at TesoroWNR’s sole expense.

Measurement. All quantities of Products received or delivered by or into truck, rail, or marine vessel The measurement conditions and procedures set forth in this Article VI shall be measured applicable to this Agreement except to the extent that they are inconsistent with Lone Star's then current measurement conditions and procedures at the Point of Redelivery in which case Lone Star's then current measurement conditions and procedures shall apply at the Point of Redelivery. A. The unit of volume for measurement of gas delivered hereunder shall be the quantity of gas contained in one (1) cubic foot of space at a base temperature of sixty degrees (60°) Fahrenheit and at a pressure of fourteen and sixty-five hundredths (14.65) psia, and otherwise provided by the Standard Gas Measurement Law of the Jurisdictional Agency. Except as provided by that law, all fundamental constants, observations, records, and procedures involved in determining and/or verifying the quantity and other characteristics of gas delivered hereunder shall, unless otherwise specified herein, be in accordance with the standards prescribed in Report No. 3 of the American Gas Association (AGA) as from time to time amended or supplemented. All measurements of gas shall be determined based upon the meter readings at each Terminal, as reflected by delivery tickets or bills calculation into terms of lading, or if such meters are unavailable, by applicable calibration tablesunit. All quantities given herein, unless otherwise expressly stated, are in terms of Products received such unit. B. Transporter or its designee shall install, maintain and delivered by pipeline operate, or cause such to be done, at its own expense, a measuring station located at the Point of Delivery and a measuring station located at the Point of Redelivery. Each measuring station shall be measured so equipped with orifice meters, recording gauges, or other types of meter or meters of standard make and determined based upon design commonly acceptable in the industry, as to accomplish the accurate measurement of gas transported hereunder. The changing of the charts and calibrating and adjusting of meters shall be done by Transporter or Transporter's designee. C. Shipper may, at its option and expense, install check meters and gas samplers for checking Transporter's metering equipment; and they shall be so installed so as not to interfere with the operation of Transporter's facilities. Measurements of gas shall be by Transporter's, or its designee's, measurement equipment only, except as otherwise herein provided. D. The temperature of gas flowing through the meter readings or meters shall be determined by the continuous use of a recording thermometer installed so that it will properly record the temperature of the pipeline operator, as reflected by delivery ticketsgas flowing through the meter or meters, or if such meters are unavailableat Transporter's option, by applicable calibration tablesperiodic tests conducted with a mercury thermometer. E. The specific gravity of the gas flowing through the meter or meters may, at Transporter's option, be determined by the use of a recording gravitometer installed so that it will properly record the specific gravity of the gas flowing through the meter or meters. Deliveries The arithmetical average of the hourly specific gravity during the time that gas was actually flowing through the meter each day shall be used in computing measurements for that day. If Transporter does not elect to install a Terminal rack recording gravitometer, the specific gravity of the gas flowing through the meter or meters shall be determined at Mandanquarterly intervals, Salt Lake City or Wilmington more often, at Transporter's election, by use of the AGA accepted gravitometer or by computation from fractional analysis of samples of gas taken at the Point of Redelivery. Specific gravities so determined will be used in calculating gas deliveries for the day on which the test is made, and for all following days, until the next specific gravity test is made. F. The gross heating value in British Thermal Units will be determined only at the Point of Redelivery unless there is more than one Point of Delivery into Transporter's System in which case the gross heating value in British Thermal Units will also be determined for allocation purposes at each Point of Delivery. The gross heating value in British Thermal Units may, at Transporter's option, be determined by a Tesoro Refinery recording calorimeter. The arithmetical average of the hourly heating values recorded each day during the time that gas was actually flowing through the meter shall be considered as the gross heating value of as delivered during such day. If Transporter does not elect to install a recording calorimeter, the gross heating value of the gas shall be determined by Transporter at quarterly intervals (or other intervals as agreed to by Transporter or Shipper) by the taking of samples at Transporter's meter. The sample may be run on a calorimeter at another location or the heating value may be computed from fractional analysis of such samples. The result shall be applied to gas deliveries for the day when the sample is taken, and for all following days, until that on which a new sample is taken. Shipper shall have the right to witness all of Transporter's tests for heating value of the gas. G. At the Point of Redelivery, Transporter shall, if necessary, install the necessary mechanical separation equipment required to ensure that no free liquids are allowed to enter Lone Star's pipeline. Any liquids recovered by said separation equipment shall be deemed to belong to Transporter. H. Each party shall have the right to be present at the time of any installing, reading, cleaning, changing, repairing, inspection, testing, calibrating, or adjusting done in connection with the other's measuring equipment used in measuring deliveries hereunder. The records from such measuring equipment shall remain the property of their owner, but upon request, each will submit to the other its records and charts, together with calculations therefrom subject to return within fifteen (15) days after receipt thereof. At least once each quarter, Transporter shall calibrate the meters and instruments or cause the same as to be calibrated. Transporter shall give Shipper sufficient notice in advance of such tests so that Shipper may, at its election, be present in person or by its representative, to observe adjustments, if any, which are made. For the corresponding volumes delivered contemporaneously from purpose of measurement and meter calibration, the Terminal rack. Deliveries by book transfer atmospheric pressure shall be reflected by entries assumed to be fourteen and seven-tenths (14.7) psia, irrespective of variations in natural atmospheric pressure from time to time. I. If, upon any tests, the metering equipment in the books aggregate is found to be inaccurate by more than two percent (2%), registration thereof and any payment based upon such registration, shall be corrected at the rate of TLOsuch inaccuracy for any period of inaccuracy which is definitely known or agreed upon, or if not known or agreed upon, then for a period extending back one-half (1/2) of the time elapsed since the last date of calibration. All quantities Following any tests, any metering equipment found to be inaccurate to any degree shall be adjusted immediately to net gallons at 60° F in accordance with ASTM D-1250 Petroleum Measurement Tablesmeasure accurately. If for any reason any meter is out of service or out of repair so that the quantity of gas delivered through such meter cannot be ascertained or computed from the readings thereof, or latest revisions thereof. A barrel shall consist the quantity of 42 U.S. gallons and a gallon shall contain 231 cubic inches. Meters and temperature probes gas delivered during such period shall be calibrated according to applicable API standardsestimated and agreed upon by the parties hereto upon the basis of the best available data, using the first of the following methods which is feasible: 1. Tesoro shall have By using the rightregistration of any check measuring equipment of Shipper, at its sole expenseif installed and registering accurately; 2. By correcting the error, and in accordance with rack location procedureif the percentage of error is ascertainable by calibration, to independently certify said calibrationtest or mathematical calculation; 3. Storage tank gauging By estimating the quantity of deliveries by deliveries during the preceding periods under similar conditions when the meter was registering accurately. J. The measurement hereunder shall be performed by TLO’s personnel. TLO’s gauging shall be deemed accurate unless challenged by an independent certified corrected for deviation from ▇▇▇▇▇▇. Tesoro may perform joint gauging at its sole expense with TLO’s personnel '▇ Law at the time of delivery or receipt of Product, to verify the amount involved. If Tesoro should request an independent ▇▇▇▇▇▇, such ▇▇▇▇▇▇ must be acceptable to TLO, pressure and such gauging shall be at Tesoro’s sole expensetemperatures under which gas is delivered hereunder.

Measurement. All quantities of Products received or delivered by or into truck, rail, or marine vessel shall be measured and determined based upon the meter readings at each Terminal, as reflected by delivery tickets or bills of lading, or if such meters are unavailable, by applicable calibration tables. All quantities of Products received and delivered by pipeline shall be measured and determined based upon the meter readings of the pipeline operator, as reflected by delivery tickets, or if such meters are unavailable, by applicable calibration tables. Deliveries to a Terminal rack at Mandan, Salt Lake City or Wilmington from a Tesoro Refinery shall be deemed to be the same as the corresponding volumes delivered contemporaneously from the Terminal rack. Deliveries by book transfer shall be reflected by entries in the books of TLO. All quantities shall be adjusted to net gallons at 60° F in accordance with ASTM D-1250 Petroleum Measurement Tables, or latest revisions thereof. A barrel shall consist of 42 U.S. gallons and a gallon shall contain 231 cubic inches. Meters and temperature probes shall be calibrated according to applicable API standards. Tesoro shall have the right, at its sole expense, and in accordance with rack location procedure, to independently certify said calibration. Storage tank gauging shall be performed by TLO’s 's personnel. TLO’s 's gauging shall be deemed accurate unless challenged by an independent certified ▇▇▇▇▇▇. Tesoro may perform joint gauging at its sole expense with TLO’s 's personnel at the time of delivery or receipt of Product, to verify the amount involved. If Tesoro should request an independent ▇▇▇▇▇▇, such ▇▇▇▇▇▇ must be acceptable to TLO, and such gauging shall be at Tesoro’s 's sole expense.

Measurement. All Measurements of all Product handled shall be taken by Operator, and shall be based upon U.S. gallons of 231 cubic inches, 42 gallons to the barrel, corrected to 60 degrees Fahrenheit, using ASTM-IP Petroleum Measurement Table No. 6B-ASTM Designation D-1250. Gross measurements shall be net of BS&W and shall be corrected for temperature by a calibrated temperature measuring device and for gravity as determined in accordance with Operator’s procedures for handling such Product. Unless otherwise specified, quantities of Products received or at the Receipt Point and delivered by or into truck, rail, or marine vessel to Customer at the Delivery Point shall be measured and determined based upon the meter readings at each Terminal, as reflected by delivery tickets or bills of lading, or if such meters are unavailable, by applicable calibration tablescustody transfer quality meter. All quantities of Products received and delivered by pipeline shall be measured and determined based upon the meter readings of the pipeline operator, as reflected by delivery tickets, or if such product meters are unavailable, by applicable calibration tables. Deliveries to a Terminal rack at Mandan, Salt Lake City or Wilmington from a Tesoro Refinery shall be deemed to be the same as the corresponding volumes delivered contemporaneously from the Terminal rack. Deliveries by book transfer shall be reflected by entries in the books of TLO. All quantities shall be adjusted to net gallons at 60° F in accordance with ASTM D-1250 Petroleum Measurement Tables, or latest revisions thereof. A barrel shall consist of 42 U.S. gallons and a gallon shall contain 231 cubic inches. Meters and temperature probes shall be calibrated according to applicable API standardsat least every six months. Tesoro Customer shall have the rightright to participate with Operator in any measurement; provided that, at its sole expensein the absence of such SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, and in accordance with rack location procedureAND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH FIVE ASTERISKS (*****). participation, to independently certify said calibration. Storage tank gauging the measurements taken by Operator shall be performed by TLO’s personnelbinding upon both Parties absent fraud, gross negligence or willful misconduct. TLO’s gauging Quantities in the tanks shall be deemed accurate unless challenged determined by tank gauges. If Customer requires an independent certified ▇▇▇▇▇▇. Tesoro may perform joint gauging at its sole expense with TLO’s personnel at the time of delivery or receipt of Product, to verify the amount involved. If Tesoro should request an by a mutually acceptable independent ▇▇▇▇▇▇, such ▇▇▇▇▇▇ must be acceptable to TLO, and such gauging shall will be at TesoroCustomer’s sole expense. Measurement procedures shall follow the applicable API and ASTM or equivalent standards.

Measurement. All (i) Meters and other measuring devices belonging to the Manufacturer or its agents or suppliers and used hereunder shall be deemed conclusive of the quantities of Products received Product delivered to MGPI by Manufacturer hereunder, unless either party notifies the other of any errors in measurement. (ii) Manufacturer shall be responsible for the accuracy of its measuring equipment at the loading location, including all gauges and meters, and shall ensure that such equipment complies in all respects with applicable laws, rules, and regulations and will be certified at least every three months or delivered by 10,000,000 gallons or into truckper TTB requirements, railwhichever occurs first. MGPI shall have the right, but not the obligation, during the Term to have a representative inspect Manufacturer’s measurement equipment for suitability and accuracy and be present for proving and calibration. Such MGPI inspection, testing, or marine vessel additional certification shall be at MGPI’s expense. MGPI shall be given access to all transaction and meter proving records. All custody meters shall be proved and calibrated with the latest API MPMS. All calibration equipment shall be certified and traceable to NIST. Meters shall be proved on a NET basis unless otherwise required by regulatory agencies. (iii) All volumes or quantities of Product shall be net volumes or quantities as adjusted per ASTM/API standards. Product shall be measured and determined based upon billed on a per gallon basis. The term “gallon” as used herein shall mean a U.S. gallon or 231 cubic inches. All quantities delivered shall be adjusted to a temperature of 60 degrees Fahrenheit in accordance with the meter readings latest applicable ASTM standards (iv) Truck/Rail Car. Quantities of Product delivered pursuant to this Agreement into or from tank trucks/cars or rail cars shall be measured using calibrated meters located at each Terminalor near the delivery point or, as reflected by delivery tickets or bills of lading, or if such meters are unavailable, by certified calibrated scales or applicable calibration tables. All quantities of Products received and delivered by pipeline shall be measured and determined based upon the meter readings of the pipeline operator, as reflected by delivery tickets, or if such meters are unavailable, by applicable calibration tables. Deliveries to a Terminal rack at Mandan, Salt Lake City or Wilmington from a Tesoro Refinery shall be deemed to be the same as the corresponding volumes delivered contemporaneously from the Terminal rack. Deliveries by book transfer shall be reflected by entries in the books of TLO. All quantities shall be adjusted to net gallons at 60° F in accordance with ASTM D-1250 Petroleum Measurement Tables, or latest revisions thereof. A barrel shall consist of 42 U.S. gallons and a gallon shall contain 231 cubic inches. Meters and temperature probes shall be calibrated according to applicable API standards. Tesoro shall have the right, at its sole expense, and in accordance with rack location procedure, to independently certify said calibration. Storage tank gauging shall be performed by TLO’s personnel. TLO’s gauging shall be deemed accurate unless challenged by an independent certified ▇▇▇▇▇▇. Tesoro may perform joint gauging at its sole expense with TLO’s personnel at the time of delivery or receipt of Product, to verify the amount involved. If Tesoro should request an independent ▇▇▇▇▇▇, such ▇▇▇▇▇▇ must be acceptable to TLO, and such gauging shall be at Tesoro’s sole expense.

Measurement. All quantities of Products Materials received or delivered by or into truck, rail, truck or marine vessel rail shall be measured and determined based upon the meter readings at each the Tankage or the Terminal, as applicable, as reflected by delivery tickets or bills of lading, or if such meters are unavailable, by applicable calibration tables. All quantities of Products Materials received and delivered by pipeline shall be measured and determined based upon the meter readings of the pipeline operator, as reflected by delivery tickets, or if such meters are unavailable, by applicable calibration tables. Deliveries to a Terminal rack at Mandan, Salt Lake City or Wilmington from a Tesoro Refinery shall be deemed to be the same as the corresponding volumes delivered contemporaneously from the Terminal rack. Deliveries by book transfer shall be reflected by entries in the books of TLOLogistics. All quantities shall be adjusted to net gallons at 60° F in accordance with ASTM D-1250 Petroleum Measurement Tables, or latest revisions thereof. A barrel shall consist of 42 U.S. gallons and a gallon shall contain 231 cubic inches. Meters and temperature probes shall be calibrated according to applicable API standards. Tesoro At least quarterly, Refining shall have the right, at its sole expense, and in accordance with rack location procedure, to independently certify verify, or cause to be verified, said calibration, with any third-party costs and expenses to be borne by Refining. Storage tank gauging shall be performed by TLO’s personnelLogistics’ personnel daily. TLO’s Logistics’ gauging shall be deemed accurate unless challenged by an independent certified ▇▇▇▇▇▇. Tesoro Refining may perform perform, or cause to be performed, joint gauging with Logistics’ personnel (or, at its Refining’s sole expense expense, with TLO’s personnel third-party personnel) at the time of delivery or receipt of Product, to verify the amount involved. If Tesoro Refining should request an independent ▇▇▇▇▇▇, such ▇▇▇▇▇▇ must be reasonably acceptable to TLOLogistics, and the costs of such gauging independent ▇▇▇▇▇▇ shall be at TesoroRefining’s sole expense.. (j)

Measurement. All quantities of Products Materials received or delivered by or into truck, rail, truck or marine vessel rail shall be measured and determined based upon the meter readings at each the Tankage or the Terminal, as applicable, as reflected by delivery tickets or bills of lading, or if such meters are unavailable, by applicable calibration tables. All quantities of Products Materials received and delivered by pipeline shall be measured and determined based upon the meter readings of the pipeline operator, as reflected by delivery tickets, or if such meters are unavailable, by applicable calibration tables. Deliveries to a Terminal rack at Mandan, Salt Lake City or Wilmington from a Tesoro Refinery shall be deemed to be the same as the corresponding volumes delivered contemporaneously from the Terminal rack. Deliveries by book transfer shall be reflected by entries in the books of TLOLogistics. All quantities shall be adjusted to net gallons at 60° F in accordance with ASTM D-1250 Petroleum Measurement Tables, or latest revisions thereof. A barrel shall consist of 42 U.S. gallons and a gallon shall contain 231 cubic inches. Meters and temperature probes shall be calibrated according to applicable API standards. Tesoro At least quarterly, DKTS shall have the right, at its sole expense, and in accordance with rack location procedure, to independently certify verify, or cause to be verified, said calibration, with any third-party costs and expenses to be borne by DKTS. Storage tank gauging shall be performed by TLO’s personnelLogistics’ personnel daily. TLO’s Logistics’ gauging shall be deemed accurate unless challenged by an independent certified ▇▇▇▇▇▇. Tesoro DKTS may perform perform, or cause to be performed, joint gauging with Logistics’ personnel (or, at its DKTS’s sole expense expense, with TLO’s personnel third-party personnel) at the time of delivery or receipt of Product, to verify the amount involved. If Tesoro DKTS should request an independent ▇▇▇▇▇▇, such ▇▇▇▇▇▇ must be reasonably acceptable to TLOLogistics, and the costs of such gauging independent ▇▇▇▇▇▇ shall be at TesoroDKTS’s sole expense.