Purchase Volumes. [Section 3.2] (Purchase Volumes) of the Contract is hereby deleted in its entirety and restated as follows:

Purchase Volumes. For the remainder of the Term, during each Year that this Contract is in effect, SELLER shall sell and Deliver to the Companies, and the Companies shall purchase and receive from SELLER, all Tier 1 LSFO, HSFO, Diesel, and/or ULSD that may be required by the Companies on the islands of Oahu, Hawaii, Maui and Molokai following the notifications and coordination as outlined in [Article VI]. The Companies shall take commercially reasonable steps to receive Product ratably.

[…] Volumes. SELLER shall sell and Deliver to Hawaiian Electric, and Hawaiian Electric shall purchase and receive from SELLER, […] pursuant to the following […] structure:

Annual Volumes. By December 15th of each year, PEF shall notify Tejon of the quantity of Annual Volume and Additional Supply, as applicable, to be delivered to Pastoria and to Groundwater Storage for the following calendar year and the anticipated monthly and daily delivery schedule (“Annual Volume Scheduling Notice”). The Annual Volume Scheduling Notice shall constitute an irrevocable commitment to purchase from Tejon the Annual Volume and Additional Supply (if any) in the quantities set forth therein.

This Attachment is not dependent upon volumes, forecasts, or other market conditions, and is not a commitment to purchase any set unit quantity.

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.

The above table is subject to periodic updates during QBR’s and business reviews as actual volumes are realized. Furthermore, OHL and CLIENT agree to discuss this metric in-depth at the first QBR and evaluate the Institution of pain-share/gain-share practices, as well as evaluating actual realized volumes vs. modeled volumes and updating Variable CPU projections and targets accordingly.

It is understood that Swap Agreements in respect of commodities which may, from time to time, “hedge” the same volumes, but different elements of commodity risk thereof, shall not be aggregated together when calculating the foregoing limitations on notional volumes.

any contract for the purchase and/or sale of Hydrocarbons of third parties # which has generally offsetting provisions (i.e. corresponding pricing mechanics, delivery dates and points and volumes) such that no “position” is taken and # for which appropriate credit support has been taken to alleviate the material credit risks of the counterparty thereto;

Subject to the terms and conditions of this Agreement, at the Closing, the Seller agrees to sell and deliver to Next Investment Group Limited (the “Subsidiary”), a company wholly owned by the Purchaser, and the Purchaser agrees to purchase from the Seller such number of Purchased Shares, free and clear of any and all Encumbrances, and for such purchase price as set forth opposite the seller’s name on [Exhibit A]. The total purchase price payable by the Purchaser for the Purchased Shares is herein referred to as the “Purchase Price”.