No. IV.6.3 - Fixing of price by one of the parties

Prices in effect as of the date of this agreement and as set forth in the confidential price list supplied to the Distributor by the Company. Company shall, however, have the unrestricted right to change the price of any Products at any time, which changes in price shall be effective upon {X} days' notice to Distributor; provided, however that any orders accepted and acknowledged by Company and entered by Company into its distribution system at the previously announced price shall not be subject to such price change - (International Contracting: Law and Practice - Larry A. DiMatteo - 9.02 - S. 320).

If the parties enter into a Transaction with a Contract Price that is a fixed price, as opposed to a Contract Price that floats based on industry postings, reference publications, or other external market factors or indices, for a specified quantity of Crude Oil to be delivered at a specified Delivery Point for the relevant period, such Fixed Price shall not be subject to change and shall be deemed to be the first Crude Oil purchased during the applicable Month. If more than one Fixed Price for different quantities of Crude Oil has been established in a particular Month, then the first Crude Oil purchased during said Month shall be the first quantities for which a Fixed Price was established, followed by any additional quantities in the order they were established (...)

Except as further set forth in an exhibit to this Agreement, X in its sole discretion will determine the pricing of the Product to Customers. Any change or addition to a Product must be agreed by the parties in writing and in accordance with the applicable provisions of the applicable exhibit to this Agreement.

X will calculate Fees and costs charged to Y using a cost allocation methodology that accurately and fairly reflects X's reasonable, good faith forecasts of its actual costs associated with providing the Services and with a reasonable allocation to Y based on the provision of Services to Y and the costs therefore as a proportion of total services and costs X provides for itself, for Y and for any other division or Affiliate of X. X agrees that the target of the Fees and costs charged to Y will be X's actual costs in performing the Services. X shall set the Fees each year as part of the Annual Budget Process at such reasonable, good faith projection of actual costs (and any overhead costs allocated according to the principle set forth in the first sentence of this Section) plus five percent (5%) of X's costs.

On or prior to the first day of each fiscal quarter, each Party will provide the other with a written estimate of the expected Service Costs, set forth in reasonable detail and by month, to be charged to the other Party for Services to be provided that quarter (...) in the event that a Party becomes aware that the actual Service Cost being, or to be, incurred by a Party is materially different from that set forth in the Quarterly Service Cost, such Party will provide the other with a written estimate of the expected change and the Parties will negotiate in good faith to have the Quarterly Service Cost modified to reflect the actual cost (...)