Amendment to DPI Operating and Maintenance Agreement Clause Samples

Amendment to DPI Operating and Maintenance Agreement. The term of this Agreement shall commence as of the date set forth in the introductory paragraph hereof and shall continue for a term to run concurrently with the NAESB Agreement more particularly set forth in Section 12 therein, unless sooner terminated by SES under the immediately following sentence; provided that, notwithstanding anything to the contrary in this Section 10, after the expiration of the Primary Term of the NAESB Agreement, SES may terminate this Agreement upon thirty (30) days written notice so long as upon the date of such termination, SES pays an amount equal to $2,600,000 by wire transfer of immediately available funds. (v) Section (a) of Paragraph 14 is hereby amended and restated in its entirety to read as follows: (a) In addition to the reimbursed costs and expenses described in Section 14(b) below; SES shall pay NPC (i) the sum of $102,000 per month during the Primary Term of the NAESB Agreement and (ii) the sum of $45,000 per month during the Secondary Term of the NAESB Agreement in consideration of serving as contract operator and performing this Agreement; provided that if Closing occurs on or before April 15, 2011, upon the first payment of such fee following the effective date of the First Amendment to this Agreement, SES shall calculate and reimburse to NPC, the difference necessary to make whole NPC as if such fee had been effective as of April 1, 2011. (vi) Paragraph 26 is hereby amended and restated in its entirety to read as follows: