EX-10.33 27 dex1033.htm AMENDMENT NO. 1 TO COKE SALE AND FEED WATER SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE...
Exhibit 10.33
SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH FIVE ASTERISKS (*****).
FIRST AMENDMENT TO COKE SALE
AND FEED WATER PROCESSING AGREEMENT
THIS FIRST AMENDMENT (this “First Amendment”), dated as of November 1, 2010, is made by and between United States Steel Corporation, a Delaware corporation, with a principal office and place of business located at 000 Xxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxxxxxx 00000-0000 (“Off-Taker”) and Gateway Energy & Coke Company, LLC, a Delaware limited liability company, with a principal office and place of business located at 00000 Xxxxxxxx Xxxxx, Xxxxxxxxx, Xxxxxxxxx 00000 (“Provider”).
WHEREAS, Off-Taker and Provider have entered into that certain Coke Sale and Feed Water Processing Agreement dated February 28, 2008 (the “Agreement”); and
WHEREAS, Off-Taker and Provider desire to amend the Agreement as set forth in this First Amendment.
3.1 Effective on and as of the Amendment Effective Date, Section 3.2 of the Agreement is hereby amended by revising the third sentence of such section to read in its entirety as follows:
Based upon such net energy value of Conforming Steam (provided Conforming Steam quantities are at or above the Minimum Steam Supply Obligation), the Feed Water Processing Fee is ***** per Net MMBTU; provided, however, that during the Conforming Steam Discount Period, the Feed Water Processing Fee shall be reduced by $***** per Net MMBTU for Conforming Steam which is greater than or equal to ***** degrees Fahrenheit and less than ***** degrees Fahrenheit.
3.2 Effective on and as of the Amendment Effective Date, Section 5.3 of the Agreement is hereby deleted in its entirety and replaced by the following:
5.3 Conforming Steam and Non-Conforming Steam.
3.3 Effective on and as of the Amendment Effective Date, Section 6.9(d) of the Agreement is hereby deleted in its entirety and replaced by the following:
3.4 Effective on and as of the Amendment Effective Date, the following new definitions shall be added alphabetically in Appendix A (Definitions) to the Agreement:
“Conforming Steam Discount Period” shall mean the period of time beginning on November 1, 2010 and ending on June 30, 2011, as may be extended by the mutual agreement of the Parties in Writing.
“Near-Conforming Steam” has, subject to Section 5.3(b), the meaning set forth in Section 5.3(a) and Part B of Schedule 5.3.
3.5 Effective on and as of the Amendment Effective Date, the following definitions in Appendix A to the Agreement shall be amended and restated in their entirety as follows:
“Conforming Steam” has, subject to Section 5.3(b), the meaning set forth in Section 5.3(a) and Part A of Schedule 5.3.
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3.6 Effective on and as of the Amendment Effective Date, Schedule 5.3 (Conforming Steam Quality Specifications) of the Agreement is hereby deleted in its entirety and replaced by the revised Schedule 5.3 (Conforming Steam and Near-Conforming Steam Quality Specifications) attached hereto as Attachment A.
4.2 Governing Law. This First Amendment shall be construed in accordance with and governed by, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions, and the rights and remedies of the Parties hereunder will be determined in accordance with such laws.
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UNITED STATES STEEL CORPORATION | ||||
By: | /s/ Xxxxxxx X. Xxxxxx | |||
Name: | Xxxxxxx X. Xxxxxx | |||
Title: | General Manager, Granite City Works | |||
GATEWAY ENERGY & COKE COMPANY, LLC | ||||
By: | /s/ M.H. | |||
Name: | ||||
Title: |
[FIRST AMENDMENT TO COKE SALE AND FEED WATER PROCESSING AGREEMENT]
Attachment A
[attached]
Schedule 5.3
Conforming Steam and Near-Conforming Steam Quality Specifications
Part A
Conforming Steam is Steam that meets the following specifications:
CONFORMING STEAM SPECIFICATIONS | ||||
Parameter |
Units |
Value | ||
Temperature | Deg F | ***** | ||
Sodium | ppm | ***** | ||
Silica | ppm | ***** |
Provided, however, that during the Conforming Steam Discount Period, Conforming Steam is Steam that meets the following specifications:
CONFORMING STEAM SPECIFICATIONS (During the Conforming Steam Discount Period) | ||||
Parameter |
Units |
Value | ||
Temperature | Deg F | ***** | ||
Sodium | ppm | ***** | ||
Silica | ppm | ***** |
Part B
Near-Conforming Steam is Steam that meets the following specifications:
NEAR-CONFORMING STEAM SPECIFICATIONS | ||||
Parameter |
Units |
Value | ||
Temperature | Deg F | ***** | ||
Sodium | ppm | ***** | ||
Silica | ppm | ***** |
Notes for Part A and Part B:
Nominal Steam pressure is ***** psig at the turbine inlet.
Nominal Feed Water pressure is ***** psig, subject to a maximum of ***** psig.
The Parties acknowledge that control parameters for Feed Water and Steam which are not explicitly indicated in this document are expected to conform to standard industry guidelines and recommendations set forth by American Boiler Manufacturers Association (ABMA) and American Society of Mechanical Engineers (ASME) and will be set forth in a protocol developed pursuant to Section 5.5 of the Agreement.