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Cross Easement Agreement

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Sectors: Utilities
Governing Law: Kansas, View Kansas State Laws
Effective Date: October 25, 2007
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Exhibit 10.6 CROSS EASEMENT AGREEMENT THIS CROSS EASEMENT AGREEMENT (this " Agreement" ) is made as of the 25th day of October, 2007 (the " Effective Date" ), by and between Coffeyville Resources Nitrogen Fertilizers, LLC, a Delaware limited liability company (the " Fertilizer Company" ), and Coffeyville Resources Refining & Marketing, LLC, a Delaware limited liability company (the " Refinery Company" ). RECITALS 1. Fertilizer Company is the owner of certain real property located in Montgomery County, Kansas, as legally described on the attached Exhibit A (the " Fertilizer Parcel" ), and Refinery Company is the owner of certain real property located in Montgomery County, Kansas, as legally described on the attached Exhibit B (the " Refinery Parcel" ). The Refinery Parcel and the Fertilizer Parcel are herein collectively referred to as the " Parcels" , and each, as a " Parcel" ). 2. The Refinery Parcel and the Fertilizer Parcel are the subject of that certain unrecorded Cross Easement Agreement dated as of March 3, 2004 (the " Original Cross Easement Agreement" ), in which Fertilizer Company and Refinery Company granted to each other various easements and rights as therein more particularly set forth. 3. The Parties have recently reconfigured the boundaries of their respective Parcels and are dividing and separating the operations of Refinery Company' s oil refinery facilities from the operations of Fertilizer Company' s adjacent nitrogen fertilizer plant operations. In connection therewith, the Parties are entering into the following agreements (collectively, " Service Agreements" ): (i) Feedstock and Shared Services Agreement (the " Feedstock Agreement" ); (ii) Coke Supply Agreement; (iii) Raw Water and Facilities Sharing Agreement (the " Raw Water Agreement" ); and (iv) Environmental Agreement. 4. Fertilizer Company and Refinery Company are granting to each other, as hereinafter set forth, certain non-exclusive easements and rights of use upon, over and across the Fertilizer Parcel and the Refinery Parcel, respectively, for, but not limited to, the following purposes: (i) the use of pipelines, transmission lines, equipment, drainage facilities, other Plant facilities and improvements and the maintenance thereof; (ii) pedestrian and vehicular access; and (iii) all other purposes as necessary for the use, operation and maintenance of the business and operations currently conducted on the Parcels and as necessary to carry out the purposes and intent of the Service Agreements. 5. The parties desire to amend, supersede and restate the Original Cross Easement Agreement in its entirety by this Agreement to reflect the foregoing, all as hereinafter set forth.


NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and agreements herein set forth, and for other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the Parties agree as follows: ARTICLE 1. INCORPORATION OF RECITALS; DEFINITIONS 1.1 As of the date hereof, the Original Cross Easement Agreement is hereby amended, superseded and restated in its entirety by the terms of this Agreement. 1.2 The terms of each of the foregoing Recitals are incorporated herein by this reference. 1.3 All terms not defined in this Agreement but which are defined in the Service Agreements are used herein as so defined in Service Agreements; provided, however those terms that are expressly stated herein as being defined in one of the Service Agreements are used herein as defined in such Service Agreement. The following terms shall have the meanings set forth below, for purposes of this Agreement and all Exhibits hereto: " Access Areas" is defined in Section 2.1(A) . " Access Easement (Fertilizer Parcel)" is defined in Section 2.1(B) . " Access Easements (Refinery Parcel)" is defined in Section 2.1(C) . " Additional Easements" is defined in Section 2.3(J) . " Aerial" means that aerial photograph attached hereto as Exhibit C , which consists of 15 sheets. " Agreement" means this Cross Easement Agreement and the exhibits hereto, all as the same may be subsequently amended, modified or supplemented from time to time as herein provided. " Coke Conveyor Belt Easement" is defined in Section 2.3(C) . " Coke Conveyor Belt Easement Area" is legally described in Exhibit G . " Coke Haul Road" is defined in Section 2.3(C) and is legally described in Exhibit P . " Coke Supply Agreement" is defined in Recital 3. " Connection Purposes" is defined in Section 3.2 . " Constructing Party" is defined in Section 2.2(E)(1) .

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" Construction Buffer Zone Easement Area" is defined in Section 2.3(I) and is legally described in Exhibit R-1 . " Dispute" is defined in Section 5.1 . " Easement Areas" is defined in Section 4.1 . " Easements" is defined in Section 4.1 . " East Tank Farm Area (Refinery Parcel)" is defined in Section 2.3(F) and is legally described on Exhibit K . " East Tank Farm Easements" is defined in Section 2.3(F) . " East Tank Farm Roadway Area (Fertilizer Parcel)" is defined in Section 2.3(F) and is legally described on Exhibit J . " Environmental Agreement" is defined in Recital 3. " Feedstock Agreement" is defined in Recital 3. " Fertilizer Company" is defined in the preamble. " Fertilizer Company Clarifier Tract" is defined in Section 2.3(A) and legally described on Exhibit N . " Fertilizer Parcel" is defined in Recital 1 and is legally described on Exhibit A . " Fertilizer Plant" means the nitrogen fertilizer complex located on the Fertilizer Parcel owned and operated by Fertilizer Company, consisting of the Gasification Unit, the UAN Plant, the Ammonia Synthesis Loop, the Utility Facilities, storage and loading facilities, the Fertilizer Plant Water Clarifier and river access, the Grounds and related connecting pipes and improvements, which fertilizer manufacturing complex is connected to and associated with the BOC Facility and the Offsite Sulfur Recovery Unit, including any additions or other modifications made thereto from time to time and (without limitation) any fertilizer plant improvements, facilities and components on the Fertilizer Parcel as are shown on the Aerial. " Fertilizer Water Pipeline Easement Area" is defined in Section 2.3(A) and is legally described on Exhibit O . " Indemnitee" is defined in Section 6.1 . " Indemnitor" is defined in Section 6.1 . " Insuring Party" is defined in Section 4.12(B) .

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" Interconnect Points" is defined in Section 3.1 . " Interconnect Points Drawing" is defined in Section 3.1 and attached as Exhibit E . " Interconnect Points Easement" is defined in Section 3.2 . " Losses" is defined in Section 6.1 . " Mortgage" is defined in Section 4.13(B) . " Non-Performing Party" is defined in Section 4.6 . " Original Cross Easement Agreement" is defined in Recital 2. " Parcels" is defined in Recital 1. " Party" and " Parties" mean the parties to this Agreement. " Performing Party" is defined in Section 4.7 . " Pipe Rack Easement" is defined in Section 2.3(B) . " Pipe Rack Easement Area" is defined in Section 2.3(B) and is legally described on Exhibit F . " Railroad Trackage Easement Area (Fertilizer Parcel)" is defined in Section 2.3(G)(1) and is legally described on Exhibit L . " Railroad Trackage Easement Area (Refinery Parcel)" is defined in Section 2.3(G)(2) and is legally described on Exhibit M . " Railroad Trackage Easement (Fertilizer Parcel)" is defined in Section 2.3(G)(1) . " Railroad Trackage Easement (Refinery Parcel)" is defined in Section 2.3(G)(2) . " Raw Water Agreement" is defined in Recital 3. " Refinery" means the petroleum refinery at Coffeyville, Kansas located on the Refinery Parcel and owned and operated by Refinery Company, including any additions or other modifications made thereto from time to time and (without limitation) any refinery plant improvements, components and facilities on the Refinery Parcel as are shown on the Aerial. " Refinery Company" is defined in the preamble.

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" Refinery Parcel" is defined in Recital 1 and is legally described on Exhibit B . " Refinery Shared Parking Area" is defined in Section 2.3(H) and is legally described on Exhibit Q . " Service Agreements" is defined in Recital 3. " Shared Pipeline Easement" is defined in Section 2.2(B) . " Shared Pipeline Easement Area" is defined in Section 2.2(B) and is legally described on Exhibit D . " S/L Lease" is defined in Section 4.13(B) . " Sunflower Street Pipeline Crossing Easement Area (Fertilizer Parcel)" is defined in Section 2.3(E)(1) and is legally described on Exhibit H . " Sunflower Street Pipeline Crossing Easement Area (Refinery Parcel)" is defined in Section 2.3(E)(2) and is legally described on Exhibit I . " Sunflower Street Pipeline Crossing Easement (Fertilizer Parcel)" is defined in Section 2.3(E)(1) . " Sunflower Street Pipeline Crossing Easement (Refinery Parcel)" is defined in Section 2.3(E)(2) . " Temporary Construction / Maintenance Easements" is defined in Section 2.2(E) . " TKI Pipelines Easement" is defined in Section 2.3(D) . " Trackage Storage Area" is shown on the Aerial. " Unavoidable Delay" is defined in Section 4.6 . " Water Rights Easement" is defined in Section 2.3(A) . " Work" is defined in Section 2.2(E)(1) . ARTICLE 2. GRANTS OF EASEMENTS The Parties hereby grant to each other the following easements and rights of use, subject to the other provisions of this Agreement:

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2.1 Access Easements . (A) The term " Access Areas" as used in this Agreement shall mean the following portions of the Fertilizer Parcel and the Refinery Parcel, respectively, as the same may be located from time to time: (1) All vehicular roadways, driveways and pathways on the Parcels, however surfaced, and all interior vehicular roadways across parking lot areas (except those portions thereof which may from time to time constitute a duly dedicated public roadway); and (2) All sidewalks, walkways and other pathways providing pedestrian access to and across the Parcels. (B) Fertilizer Company hereby grants to Refinery Company, for use by its agents, employees, contractors, licensees and lessees, as an appurtenance to the Refinery Parcel, for a term of fifty (50) years from the Effective Date hereof, a non-exclusive easement and right of use in the Access Areas located from time to time on the Fertilizer Parcel for pedestrian and vehicular access, ingress and egress, all in common with Fertilizer Company, as may be reasonably required for access, ingress and egress for the Refinery' s operations (the " Access Easement (Fertilizer Parcel)" ). (C) Reciprocally, Refinery Company hereby grants to Fertilizer Company, for use by its agents, employees, contractors, licensees and lessees, as an appurtenance to the Fertilizer Parcel: (i) a perpetual, non-exclusive easement and right of use in the existing Access Areas on the Refinery Parcel for the purpose of pedestrian and vehicular ingress and egress to and from the Verdigris River, Fertilizer Company Clarifier Tract, the " Water Facilities" which are for the use of Fertilizer Company (as provided for and defined in the Raw Water Agreement) and the Fertilizer Water Pipeline Easement Area; and (ii) for a term of fifty (50) years from the Effective Date hereof, a non-exclusive easement and right of use in the other Access Areas located from time to time on the Refinery Parcel for pedestrian and vehicular access, ingress and egress, all in common with Refinery Company, as may be reasonably required for access, ingress and egress for the Fertilizer Plant operations (collectively, the " Access Easements (Refinery Parcel)" ). (D) The Parties agree that while neither Party, as grantor of the foregoing access easements, respectively, has any right or obligation to retain the existing Access Areas in their present configurations or locations (and may relocate, change or modify the Access Areas on its Parcel from time to time), each grantor Party shall provide at all times routes of vehicular and pedestrian access, ingress and egress across such Party' s respective Parcel to reasonably facilitate the other Party' s operations on its Parcel and exercise of its rights under this Agreement.

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2.2 Shared Pipeline Easement . (A) The Parties acknowledge that Fertilizer Company requires access to and rights of use in certain improvements and structures located on the Refinery Parcel (including, without limitation, pipelines, transmission lines and other conduits and equipment, to operate its Fertilizer Plant). (B) Accordingly, in order to carry out the intent and provisions of each of the Service Agreements, Refinery Company hereby grants to Fertilizer Company, for use by its agents, employees, contractors, licensees and lessees, as an appurtenance to the Fertilizer Parcel, a non-exclusive easement and right of use in, to, over, under and across the " Shared Pipeline Easement Area" , which land is legally described on Exhibit D attached hereto and is depicted on the Aerial, as required and necessary for implementation of the Service Agreements, which easement and right of use shall include, without limitation, the right to: (i) maintain, repair, inspect and replace all existing pipelines, transmission lines, equipment, and drainage facilities of Fertilizer Company now located in the Shared Pipeline Easement Area that are used in the operation of the Fertilizer Plant; and (ii) utilize each of the Interconnect Points therein (as defined in Section 3.1 below) (such easement and right of use being called the " Shared Pipeline Easement" ). (E) Temporary Construction / Maintenance Easements . (1) In connection with exercise of the foregoing Access Easements, the Shared Pipeline Easement and the Easements granted hereinafter in Section 2.3 , each Party (a " Constructing Party" ) is hereby granted by the other Party a temporary construction and maintenance easement as needed from time to time to use necessary portions of the other Party' s Parcel, as the servient estate under such Easement, in connection with: (a) All construction activities as permitted under the applicable Easement; (b) Inspecting, maintaining, repairing and replacing the Constructing Party' s pipelines, transmission lines, conduits, equipment and other improvements; and (c) The transportation and hauling of heavy vehicles, loads and equipment over any road within an Access Area of the other Party, in which case the Constructing Party may temporarily cap (with gravel, asphalt or other suitable, protective material) such road in order to prevent or mitigate damage thereby caused to such road. Notwithstanding anything to the contrary contained in this Agreement, any damage to any such road of a Party caused by such transportation and hauling by the Constructing Party shall be promptly repaired by the Constructing Party at its sole cost and expense.

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The foregoing easements are collectively referred to herein as the " Temporary Construction/ Maintenance Easements" . Any and all activities described in Sections 2.2(E)(1)(a) and (b) are collectively referred to in this Section 2.2(E)(1) as " Work" . (2) Within a reasonable time before it begins any Work, the Constructing Party shall provide reasonable prior notice (except in an emergency situation, in which case no prior notice is required, but instead the Constructing Party shall submit subsequent notice) to the other Party outlining those portions of the other Party' s Parcel in which the Temporary Construction/Maintenance Easement is needed, identifying the Work to be undertaken, and the estimated duration of such Work. (3) When the Constructing Party ceases using the other Party' s Parcel for such Work, it must promptly restore such area to the condition in which it existed before the commencement of the Work within a reasonable period of time. This restoration Work shall include clearing the area of all loose dirt, debris, equipment and construction materials and the repair or replacement of equipment areas, equipment connections, utility services, paving, and landscaping and repairs and replacements to such other items as may be required to reasonably restore. (4) The Constructing Party must also restore any portions of the other Party' s Parcel that may be damaged by its Work promptly upon the occurrence of such damage without delay. (5) All Work shall be performed by the Constructing Party in a manner so as to avoid material interference with Fertilizer Plant and Refinery operations within such Easement Areas and on surrounding areas. At the completion of Work, a given Temporary Construction/ Maintenance Easement shall automatically be deemed terminated. 2.3 Easements for Specific Operations . In addition to the foregoing Access Easements, Shared Pipeline Easement and Temporary Construction/Maintenance Easement grants, the Parties hereby grant the following additional easements for the specific operations designated therein: (A) Water Rights Easement . In order to provide for the real property rights and interests necessary to effectuate the provisions of the Raw Water Agreement and to provide for the transportation of water from the Water Facilities (as defined in the Raw Water Agreement) into the Fertilizer Company' s Fertilizer Plant facilities located on the Fertilizer Parcel, Refinery Company hereby grants to Fertilizer Company, for use by its agents, employees, contractors, licensees and lessees, as an appurtenance to the Fertilizer Parcel: (i) A perpetual, non-exclusive easement in and right of use of: (a) the Refinery' s Water Intake Structure, River Water Pumps, other Water Facilities and equipment related thereto (all as defined and described in the Raw Water Agreement) to the extent provided in the Raw

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Water Agreement; and (b) any existing water supply pipeline of Refinery Company (and related equipment) which carries raw water from the River Water Pumps (y) into pipelines of Fertilizer Company located on the Refinery Parcel that run to the tract of land owned by Fertilizer Company on which its clarifier is located, which tract of land is described on Exhibit N (" Fertilizer Company Clarifier Tract" ) or (z) directly to the Fertilizer Company Clarifier Tract. Refinery Company hereby reserves the right to alter, relocate, expand or replace all of its herein described water supply equipment from time to time, so long as it continues to supply sufficient, uninterrupted water and pipeline service to Fertilizer Company pursuant to the terms of the Raw Water Agreement and as provided in clauses (a) and (b) above. The Parties acknowledge that such water supply equipment described in clause (a) presently provides the single source of water to both the Refinery and the Fertilizer Plant. (ii) A perpetual, non-exclusive easement in and right of use of such portions of the Refinery Parcel on which the Fertilizer Company' s existing separate water supply pipelines are located that carry water from the " Y Intersection" (as defined in the Raw Water Agreement) to the Fertilizer Company Clarifier Tract and from the Fertilizer Company Clarifier Tract southerly across the Refinery Parcel onto the Fertilizer Parcel and into the Fertilizer Plant located thereon. The general location of the area of the Refinery Parcel in which such pipelines are located is shown on the Aerial and a general legal description of the area is attached hereto as Exhibit O (" Fertilizer Water Pipeline Easement Area" ). Such easement includes a non-exclusive easement and right in favor of Fertilizer Company to operate, maintain, alter, relocate, repair and replace such water supply pipelines within the Fertilizer Water Pipeline Easement Area in a manner that does not materially interfere with the operation or use of the Refinery or any part thereof. (iii) During the term of the Raw Water Agreement, the right of use, privilege and interest for Fertilizer Company, at any future time upon prior notice to, and reasonable coordination with Refinery Company so as to not materially impair any operations on the Refinery Parcel, to construct separate water facilities, as contemplated by the Raw Water Agreement, which separate water facilities may include, without limitation, a separate intake valve, water plant structure and associated water pumping equipment within the " separate Raw Water pumping area" generally depicted on the Aerial. Upon Fertilizer Company' s relocation of its existing water facilities and/or its construction of separate water facilities pursuant to the rights granted in this paragraph, the areas in which such separate water facilities are located (and any areas to connect such separate water facilities to the Verdigris River and to Refinery Company' s then-existing Water Intake Structure, River Water Pumps and Water Facilities as may then be reasonably necessary for the operation, alteration, maintenance, repair and replacement of Fertilizer Company' s separate water facilities), shall be automatically deemed additional Easement Areas pursuant to the terms of this Agreement and the easement granted in Section 2.3(A)(i)(a) shall terminate to the extent no longer required due to construction of such separate water facilities. The foregoing easements and rights of use are collectively referred to herein as the " Water Rights Easement" .

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(iv) Raw Water Agreement . The Raw Water Agreement contains various other rights, options, interests and obligations of the Parties in the event either Party elects to terminate the sharing of Water Facilities and Water Rights, all as more particularly set forth in the Raw Water Agreement. (B) Pipe Rack Easement . Refinery Company hereby grants to Fertilizer Company, for use by its agents, employees, contractors, licensees and lessees, as an appurtenance to the Fertilizer Parcel, a perpetual, non-exclusive easement and right of use to operate and otherwise utilize for Fertilizer Plant operations, in common with Refinery Company, all existing pipe rack installations of Refinery Company (as such pipe rack installations may be altered, relocated, expanded or replaced from time to time by Refinery Company, at its sole cost, so long as comparable uninterrupted pipe rack service is provided to Fertilizer Company) located on that portion of the Refinery Parcel (the " Pipe Rack Easement Area" legally described on Exhibit F attached hereto and generally depicted on the Aerial (the " Pipe Rack Easement" ). (C) Coke Conveyor Belt Easement; Coke Haul Road Easement . Refinery Company hereby grants to Fertilizer Company, for use by its agents, employees, contractors, licensees and lessees, as an appurtenance to the Fertilizer Parcel, perpetual, non-exclusive easements and rights of use in: (i) the " Coke Conveyor Belt Easement Area" , legally described on Exhibit G attached hereto and generally depicted on the Aerial, for the construction, operation, repair, maintenance and replacement of a conveyor belt system for the transportation of coke and coke related materials to and from the Fertilizer Plant (the " Coke Conveyor Belt Easement" ); and (ii) the " Coke Haul Road Easement Area" , legally described on Exhibit P attached hereto and generally depicted on the Aerial, for the transportation of coke and coke related materials to and from the Fertilizer Plant over the existing roadways located thereon. (D) TKI Pipelines Easement . In addition to the Shared Pipeline Easement granted to Fertilizer Company in Section 2.2(B) above, Refinery Company hereby grants to Fertilizer Company, for use by its agents, employees, contractors, licensees and lessees, as an appurtenance to the Fertilizer Parcel, a perpetual, non-exclusive easement and right of use to operate and otherwise utilize the existing TKI-dedicated pipelines and related pipeline equipment (as such pipelines and pipeline equipment may in the future be altered, relocated, expanded or replaced by Refinery Company, at its sole cost, so long as comparable uninterrupted TKI pipeline service is provided to Fertilizer Company) which traverse the Refinery Parcel and leads into the TKI sulphur plant, which plant is generally depicted on the Aerial (the " TKI Pipelines Easement" ). (E) Sunflower Street Pipeline Crossing Easements . (1) Fertilizer Company hereby grants to Refinery Company, for use by its agents, employees, contractors, licensees and lessees, as an appurtenance to the Refinery Parcel, a perpetual, non-exclusive easement in and right of use to operate and otherwise utilize for Refinery operations, in common with Fertilizer Company, all existing pipeline crossing and pipe rack equipment (both above and below-ground equipment, as such pipeline crossing and pipe rack equipment may be altered, relocated, expanded or replaced from time to time by Fertilizer

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Company at its sole cost, so long as comparable uninterrupted pipeline crossing service is provided to Refinery Company) located on: (i) that portion of the Fertilizer Parcel (the " Sunflower Street Pipeline Crossing Easement Area (Fertilizer Parcel)" ) legally described on Exhibit H attached hereto and generally depicted on the Aerial; and (ii) the portion of the public street right-of-way for Sunflower Street over which the subject pipeline crossings traverse but only to the extent Fertilizer Company has the legal right to grant such easement and right (collectively, the " Sunflower Street Pipeline Crossing Easement (Fertilizer Parcel)" ). (2) Reciprocally, Refinery Company hereby grants to Fertilizer Company, for use by its agents, employees, contractors, licensees and lessees, as an appurtenance to the Fertilizer Parcel, a perpetual, non-exclusive easement and right of use to operate and otherwise utilize for Fertilizer Plant operations, in common with Refinery Company, all existing pipeline crossing and pipe rack equipment (both above and below-ground equipment, as such pipeline crossing and pipe rack equipment may be altered, relocated, expanded or replaced from time to time by Refinery Company at its sole cost, so long as comparable, uninterrupted pipeline crossing service is provided to Fertilizer Company) located on: (i) that portion of the Refinery Parcel (the " Sunflower Street Pipeline Crossing Easement Area (Refinery Parcel)" ) legally described on Exhibit I attached hereto and generally depicted on the Aerial; and (ii) the portion, if any, of the public street right-of-way for Sunflower Street over which the subject pipeline crossings traverse but only to the extent the Refinery Company has the legal right to grant such easement and right (collectively, the " Sunflower Street Pipeline Crossing Easement (Refinery Parcel)" ). (F) East Tank Farm Easements . Fertilizer Company hereby grants to Refinery Company, for use by its agents, employees, contractors, licensees and lessees, as an appurtenance to the Refinery Parcel, the following two easements: (i) A perpetual, non-exclusive access, ingress and egress easement and right of use to traverse the roadway located on that portion of the Fertilizer Parcel (the " East Tank Farm Roadway Area (Fertilizer Parcel )" ) legally described on Exhibit J attached hereto and generally depicted on the Aerial, for such pedestrian and vehicular access, ingress and egress as may be reasonably required for access, ingress and egress to that portion of the Refinery Parcel known as the " East Tank Farm Area (Refinery Parcel)" and legally described on Exhibit K attached hereto and generally depicted on the Aerial. (ii) A perpetual, non-exclusive easement and right of use to maintain the existing underground pipelines and related equipment owned by Refinery Company and located underneath the East Tank Farm Roadway (Fertilizer Parcel) (as such pipelines and equipment may be altered, relocated, expanded or replaced from time to time by Refinery Company, at its sole cost and expense, but not so as to materially interfere with the use of the roadway on the East Tank Farm Roadway Area (Fertilizer Parcel)). The foregoing easements are collectively referred to herein as the " East Tank Farm Easements" .

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(G) Railroad Trackage Easements . (1) In order to provide for the real property rights and interests necessary to effectuate the provisions of the Feedstock Agreement with regard to railroad track sharing, Fertilizer Company hereby grants to Refinery Company, for use by its agents, employees, contractors, licensees and lessees, as an appurtenance to the Refinery Parcel, a perpetual, non-exclusive easement in and right of use to access, operate (with the term, ' operate' being deemed to include the right to temporarily store railroad cars in accordance with commercially reasonable practices) and otherwise utilize for the receipt of feedstocks to, and delivery out of products, from the Refinery' s operations, in common with Fertilizer Company, all existing railroad tracks and trackage equipment (as such railroad tracks and trackage equipment may be altered, relocated, expanded or replaced from time to time by Fertilizer Company, at its sole cost and expense,
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