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i San Antonio,TX 78248 Fax: (210)918 5602 i Either party may change the above designations by written notice to the other party pursuant to the terms of this Agreement. 12. Parties Bound, This Agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, assigns or successors in interest. This Agreement shall run with the title to the Property and be 3 binding upon all successor owners thereof. 13. Miscellaneous. The invalidity or unenforceability of any provision hereof shall not affect the validity or enforceability of any other provision hereof. This Agreement contains the entire understanding of the parties and supersedes all prior agreements and understandings ; between the parties relating to the subject matter of this Agreement. This Agreement shall not be modified by oral agreements. All modifications to this Agreement must be in writing. Failure to insist upon strict compliance with any provision hereof shall not be deemed a waiver of such provision or any other provision hereof. The waiver by any party of any breach of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of the same, or of any other provision of this Agreement. This Agreement shall be subject to and governed by the laws of the State of California.. Each individual executing this Agreement on behalf of their respective party represents and warrants that the execution of this Agreement on behalf of such party is duly authorized, that he or she is authorized to execute this Agreement on behalf of such party and that this Agreement is binding upon such party in accordance with its terms. The section, paragraph and sub-paragraph headings used herein are for convenience of reference only, and shall not be deemed to limit or construe any provision hereof. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. 14. Indemnity.Disclosure and Insurance. A. For purposes of this Agreement,the following definitions will apply: (i)"Indemnified Parties" mean Owner, its subsidiaries, and its Affiliates, and its and their respective directors, officers,employees,agents,insurers and other representatives; (ii) "Affiliates means any entity that is Controlled by NuStar GP, LLC, NuStar Energy L.P. or NuStar GP Holdings,LLC.; (iii) "Controlled" shall mean: (1) owns or controls, directly or indirectly through one or more subsidiaries (including those subsidiaries hereinafter described in (2) at least 50% of the stock, partnership shares or equity interests in an entity having the right to vote for or appoint directors thereto, and/or (2) has the right to determine management direction, whether through having a majority representation on a board of directors of an entity or by owning or holding, directly or indirectly through one or more subsidiaries, at least 50%n of the general partner interests of a partnership; and 4