Common use of Nominations and Scheduling Clause in Contracts

Nominations and Scheduling. The Terminal is a shared-use facility and has limited capacity at any one time to take delivery of crude oil by railcars. Accordingly, the Company will use commercially reasonable efforts to deliver crude oil on a ratable basis and to coordinate with the Operator the arrival of unit trains for unloading, and the Operator will require the other users to do the same. The Company will coordinate with the Operator and keep the Operator apprised of the arrival of unit trains delivering the Company’s crude oil to the Terminal. The Company will keep the Operator apprised of volumes of crude oil that the Company nominates for transportation and delivery to the Terminal by rail. The Company will provide the Operator, by email or facsimile, or by other means mutually agreed by the Operator and the Company from time to time, no later than the fifteenth (15th) day of each calendar month throughout the Term, a good faith monthly nomination (a “Nomination”) of (i) the volume of crude oil that the Company projects it will deliver to the Terminal by rail during the following calendar month (to be delivered to the Terminal on a ratable basis throughout the month), (ii) the dates and times when the Company projects each unit train will arrive at the Terminal during the month (which must be on a ratable basis throughout such month), and the number and type of railcars of each unit train. All nominations for delivery of crude oil to the Terminal must be accompanied by a corresponding and reasonable tank availability schedule for prompt transfer of such crude oil into storage tanks. The Company will provide to the Operator each Wednesday throughout the Term an updated forecast for the following week with respect to the Company’s then-current Nomination. The following specifications reflect the Operator’s minimum railcar requirements, which are not intended to replace original manufacturer requirements or other basic industry regulations or specifications. Railcar variations that are outside of these specifications must be approved by the Operator in advance of arrival of the unit train and, if accepted by the Operator, may require the Operator to break the unit train at additional points at the Company’s sole cost and expense. Design Car Length- over coupler pulling faces- (ftlin) 59’-4” Minimum Car Length- over coupler pulling faces- (ftlin) For all cars having the same AlB orientation 59’-3” (this is an absolute dimension, tolerances and coupling connection variances must be evaluated) EXHIBIT C Maximum Car Length- over coupler pulling faces- (ftlin) For all cars having the same AlB orientation 59’-6” (this is an absolute dimension, tolerances and coupling connection variances must be evaluated) Minimum Car Length- over coupler pulling faces- (ftlin) For cars having varied AlB orientations, with maximum crash box centerline to tank centerline offset of 24” 59’-4” (this is an absolute dimension, tolerances and coupling connection variances must be evaluated) Maximum Car Length- over coupler pulling faces- (ftlin) For cars having varied AlB orientation, with maximum crash box centerline to tank centerline offset of 24” 59’-5 112” (this is an absolute dimension, tolerances and coupling connection variances must be evaluated Maximum Crash Box Entry Centerline I Tank Centerline Offset (in.) 24” Minimum Crash Box Entry Width (in) 21” Maximum Car Height—Top of Rail to Top of Crash Box Handrail (ft) 17’ (17’ is limit for cars with crash box widths 7’; cars with crash box widths greater than 7’ should be evaluated for maximum allowable car height) Bottom Connection (Cap Off I Empty Car) Height from Top of Rail (est.) (in) 16” Minimum BOY Axis (empty car) Height from Top of Rail (in) 31” Minimum Spring Travel—Loaded to Empty (in) 2” Maximum BOY Size and Connection 4” Ball Valve- Salco Cam Lock Cap Required Must utilize either Type A or Type B. Type A.) part # TE4ITUFIA Type B.) part# TE4IUTF1A BOY Internal Drain No Riser Pipe, Full Drainage Air Inlet Connection 1” Minimum Connection, use Salco Cam Lock Cap part# K201UMPIA. Use full port valve. Do not use a l-in riser with 2-in adapter. Required Air Inlet Capacity Estimated at 900 cfrn (air) minimum with 1 psi differential (a) atmospheric pressure Pressure Safety Relief Device and Capacity Required, Sized Per Standard Industry Methods Pressure Safety Relief Device- Set Pressure Set at MA WP (Maximum of 165 psig) Vacuum Relief Valve and Capacity Required, estimated at 230 cfrn (air) with 4 psi differential @ atmospheric pressure Outage / Strapping Table Car specific gage table required per car All rail cars must be orientated in the same direction. EXHIBIT C • 24” diameter crude oil line from six 10” flanges from double-loop terminal pump discharge lines block valves to tank 281-TF-200 (length of pipe is 12,900 ft.) • Storage tank 281-TF-200 • 18” diameter outlet from tank 281-TF-200 to pumps • Pump 40-P-514 and 40-P-22A as a spare • 12” diameter P-20 transfer line (formerly the 509 line) from discharge of the pumps to Pier 2 and Pier 3 • Hoses at the piers from the transfer line to the barge. • Marine vapor combustion Unit for Piers 2 and 3. • Crude tanks 001-TF-200, 0026-TF-200, 005-TF-200, 006-TF-200 (alternative tanks, as mutually agreed), and associated tank mixing pumps and piping

Nominations and Scheduling. The Terminal is a shared-use facility and has limited capacity at any one time to take delivery of crude oil by railcars. Accordingly, the Company will use commercially reasonable efforts to deliver crude oil on a ratable basis and to coordinate with the Operator the arrival of unit trains for unloading, and the Operator will require the other users to do the same. The Company will coordinate with the Operator and keep the Operator apprised of the arrival of unit trains delivering the Company’s crude oil to the Terminal. The Company will keep the Operator apprised of volumes of crude oil that the Company nominates for transportation and delivery to the Terminal by rail. The Company will provide the Operator, by email or facsimile, or by other means mutually agreed by the Operator and the Company from time to time, no later than the fifteenth (15th) day of each calendar month throughout the Term, a good faith monthly nomination (a “Nomination”) of (i) the volume of crude oil that the Company projects it will deliver to the Terminal by rail during the following calendar month (to be delivered to the Terminal on a ratable basis throughout the month), (ii) the dates and times when the Company projects each unit train will arrive at the Terminal during the month (which must be on a ratable basis throughout such month), and the number and type of railcars of each unit train. All nominations Nominations for delivery of crude oil to the Terminal must be accompanied by a corresponding and reasonable tank availability schedule for prompt transfer of such crude oil into storage tanks. The Company will provide to the Operator each Wednesday throughout the Term an updated forecast for the following week with respect to the Company’s then-current Nomination. The following specifications reflect Crude D0T111, to be replaced by DOT117J/117P/117R according to the Operator’s minimum railcar requirementsFAST act schedule LPG DOT112, which are not intended DOT105 Sulfur DOT111, AAR211 Benzene D0T111 No BOV, equipped with Civicon fittings ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, to replace original manufacturer requirements or other basic industry regulations or specifications. be replaced by DOT117J/117P/117R according to the FAST act schedule Railcar variations that are outside of these specifications must be approved by the Operator in advance of arrival of the unit train and, if accepted by the Operator, may require the Operator arrival. Any special fittings or other modifications required to break the unit train at additional points accommodate railcars will be at the Company’s 's sole cost and expense. Design Car Length- over coupler pulling faces- (ftlin) 59’-4” Minimum Car Length- over coupler pulling faces- (ftlin) For all cars having the same AlB orientation 59’-3” (this is an absolute dimension, tolerances and coupling connection variances must be evaluated) EXHIBIT C Maximum Car Length- over coupler pulling faces- (ftlin) For all cars having the same AlB orientation 59’-6” (this is an absolute dimension, tolerances and coupling connection variances must be evaluated) Minimum Car Length- over coupler pulling faces- (ftlin) For cars having varied AlB orientations, with maximum crash box centerline to tank centerline offset of 24” 59’-4” (this is an absolute dimension, tolerances and coupling connection variances must be evaluated) Maximum Car Length- over coupler pulling faces- (ftlin) For cars having varied AlB orientation, with maximum crash box centerline to tank centerline offset of 24” 59’-5 112” (this is an absolute dimension, tolerances and coupling connection variances must be evaluated Maximum Crash Box Entry Centerline I Tank Centerline Offset (in.) 24” Minimum Crash Box Entry Width (in) 21” Maximum Car Height—Top of Rail to Top of Crash Box Handrail (ft) 17’ (17’ is limit for cars with crash box widths 7’; cars with crash box widths greater than 7’ should be evaluated for maximum allowable car height) Bottom Connection (Cap Off I Empty Car) Height from Top of Rail (est.) (in) 16” Minimum BOY Axis (empty car) Height from Top of Rail (in) 31” Minimum Spring Travel—Loaded to Empty (in) 2” Maximum BOY Size and Connection 4” Ball Valve- Salco Cam Lock Cap Required Must utilize either Type A or Type B. Type A.) part # TE4ITUFIA Type B.) part# TE4IUTF1A BOY Internal Drain No Riser Pipe, Full Drainage Air Inlet Connection 1” Minimum Connection, use Salco Cam Lock Cap part# K201UMPIA. Use full port valve. Do not use a l-in riser with 2-in adapter. Required Air Inlet Capacity Estimated at 900 cfrn (air) minimum with 1 psi differential (a) atmospheric pressure Pressure Safety Relief Device and Capacity Required, Sized Per Standard Industry Methods Pressure Safety Relief Device- Set Pressure Set at MA WP (Maximum of 165 psig) Vacuum Relief Valve and Capacity Required, estimated at 230 cfrn (air) with 4 psi differential @ atmospheric pressure Outage / Strapping Table Car specific gage table required per car All rail cars must be orientated in the same direction. EXHIBIT C Designated Refinery Assets • 24” diameter crude oil line from six 10” flanges from double-loop terminal pump discharge lines block valves to tank 281-TF-200 (length of pipe is 12,900 ft.) • Storage tank 281-TF-200 • 18” diameter outlet from tank 281-TF-200 to pumps • Pump 40-P-514 and 40-P-22A as a spare • 12” diameter P-20 transfer line (formerly the 509 line) from discharge of the pumps to Pier 2 and Pier 3 • Hoses at the piers from the transfer line to the barge. barge • Marine vapor combustion Unit for Piers 2 and 3. 3 • Crude tanks 001-TF-200, 0026-TF-200, 005-TF-200, 006-TF-200 (alternative tanks, as mutually agreed), and associated tank mixing pumps and pipingpiping • 16” diameter dedicated crude unloading header (old no. 6 fuel oil line) to crude tanks named above • 16” no. 6 fuel oil line from the crude tank to the piers • Natural gas supply line to the Marine Vapor Combustion Unit During the Term, Operator shall ensure that the Additional Facilities, as applicable, are capable of providing the following amount of throughput capacity for each of the following Services: