Attached files

file filename
EXCEL - IDEA: XBRL DOCUMENT - HOLLY ENERGY PARTNERS LPFinancial_Report.xls
EX-10.2 - SECOND LETTER AGREEMENT - HOLLY ENERGY PARTNERS LPdex102.htm
EX-10.3 - THIRD LETTER AGREEMENT - HOLLY ENERGY PARTNERS LPdex103.htm
EX-31.2 - SECTION 302 CFO CERTIFICATION - HOLLY ENERGY PARTNERS LPdex312.htm
EX-32.2 - SECTION 906 CFO CERTIFICATION - HOLLY ENERGY PARTNERS LPdex322.htm
EX-10.6 - THIRD AMENDMENT TO PIPELINES AND TERMINALS AGREEMENT - HOLLY ENERGY PARTNERS LPdex106.htm
EX-32.1 - SECTION 906 CEO CERTIFICATION - HOLLY ENERGY PARTNERS LPdex321.htm
EX-10.1 - FIRST LETTER AGREEMENT - HOLLY ENERGY PARTNERS LPdex101.htm
EX-31.1 - SECTION 302 CEO CERTIFICATION - HOLLY ENERGY PARTNERS LPdex311.htm
EX-10.5 - SECOND AMENDMENT TO PIPELINE AND TERMINALS AGREEMENT - HOLLY ENERGY PARTNERS LPdex105.htm
EX-12.1 - COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES - HOLLY ENERGY PARTNERS LPdex121.htm
10-Q - FORM 10-Q - HOLLY ENERGY PARTNERS LPd10q.htm

Exhibit 10.4

FIRST AMENDMENT OF

PIPELINES AND TERMINALS AGREEMENT

This First Amendment to the Pipelines and Terminals Agreement is executed by Holly Energy Partners, L.P. (“HEP”) and Alon USA, L.P. (“Alon”) (collectively, the “Parties”) to be effective as of the 1st day of September, 2008.

WHEREAS, HEP and Alon (collectively, the “Parties”), wish to make certain amendments to the Pipelines and Terminals Agreement executed on February 28, 2005 and amended by the Letter Agreement dated January 25, 2005, and the Second Letter Agreement dated June 29, 2007 (as amended, the “Agreement”);

NOW, THEREFORE, the parties have agreed to certain changes to the terms and provisions of Exhibit C to the Agreement and now wish to amend the Pipelines and Terminals Agreement to evidence same.

In consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby amend the Agreement as follows:

Section 1 of Exhibit C to the Agreement is hereby amended and restated in its entirety as follows:

Each of the service fees listed in this Exhibit C will adjust at the beginning of each Contract Year by an amount equal to the percentage change from the previous Contract Year in the average terminal fees charged by Nustar for Abernathy, Texas and Truman Arnold for Caddo Mills, Texas.

Effective September 1, 2008, the fees charged by Nustar Abernathy are $.30 per barrel and the fees charged by Truman Arnold Caddo Mills are $.36 per barrel. The average of these fees is $.33 per barrel and will be used as the base to calculate future changes to the fees in Exhibit C.

Capitalized terms not otherwise defined herein shall have the meanings set forth in the Agreement. As amended hereby, the Agreement is ratified in its entirety.

[Signature page follows]

 

First Amendment to Pipelines and Terminals Agreement

Page 1 of 2


IN WITNESS WHEREOF, the undersigned parties have executed this Amendment as of September 1, 2008.

 

ALON USA, L.P.  
  By:  

ALON USA GP, LLC,

its General Partner

      
    By:  

 

     Date:  

 

      Jeff D. Morris       
      President and Chief Executive Officer       
HOLLY ENERGY PARTNERS, L.P.  
  By:  

HEP LOGISTICS HOLDINGS, L.P.,

General Partner

      
    By:  

HOLLY LOGISTIC SERVICES, L.L.C.,

General Partner

      
    By:  

 

     Date:  

 

      David G. Blair       
      Senior Vice President       

 

First Amendment to Pipelines and Terminals Agreement

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