At the end of the Term, the “Aggregate Deficiency Volumes” shall be determined by summing up all of the Deficiency Volumes, if any, during the preceding Annual True-Up Periods during the Term. If Aggregate Deficiency Volumes exist, the Term will be extended for up to one year, for the sole purpose of allowing Tapstone to sell to Plains an amount of Crude Oil equal to the Aggregate Deficiency Volumes at the price set forth in Section 1 above.

If at the end of each Annual True-up Period, the total volume of Crude Oil delivered, or caused to be delivered, by Tapstone to Plains under this Agreement and under the contracts listed on the attached Exhibit “D” (as the same may be amended from time to time by mutual agreement of the parties) is less than the Minimum Quantity for such Annual True-up Period (the deficiency being the “Deficiency Volume”), then a Deficiency Payment shall be made by Tapstone to Plains. The Deficiency Payment shall be determined by multiplying any such Deficiency Volume by the then applicable annual “E” rate (as defined in Section 1 above) in effect during that Annual True-up Period.