AMENDMENT NO. 4 TO JUPITER GAS GATHERING AGREEMENT
Exhibit 10.2
Execution Version
This Amendment No. 4 to the Jupiter Gas Gathering Agreement (this “Amendment”) is made and entered into as of June 1, 2017, by and between EQT Production Company (“Producer”) and EQT Energy, LLC (collectively with Producer, “Shipper”), on the one hand, and EQM Gathering OPCO, LLC (“Gatherer”), on the other hand. Producer, Shipper and Gatherer are each referred to herein as a “Party” and collectively as the “Parties”.
WHEREAS, the Parties made and entered into that certain Jupiter Gas Gathering Agreement, dated May 1, 2014 (as amended by that certain Amendment No. 1 to Jupiter Gas Gathering Agreement, dated December 17, 2014, that certain Amendment No. 2 to Jupiter Gas Gathering Agreement, dated October 26, 2015, and that certain Amendment No. 3 to Jupiter Gas Gathering Agreement, dated August 1, 2016, the “Agreement”), pursuant to which, among other provisions, Shipper requested that Gatherer provide gathering services to Shipper by receiving quantities of Gas from Shipper at the Receipt Points and redelivering such Gas to or for Shipper’s account at the Delivery Points; and
WHEREAS, the Parties intend to amend Exhibit A and Section II (Table of Incremental Capital Fees) of Exhibit B-2 of the Agreement upon the terms and subject to the conditions set forth herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound, the Parties hereby agree as follows:
1.Definitions. All capitalized terms used but not otherwise defined or amended herein shall have the meanings ascribed to them in the Agreement.
2.Amendments.
a. | Exhibit A attached to the Agreement is hereby deleted in its entirety and replaced with the revised Exhibit A attached hereto as Attachment 1. |
b. | Section II (Table of Incremental Capital Fees) of Exhibit B-2 attached to the Agreement is hereby deleted in its entirety and replaced with the revised Section II (Table of Incremental Capital Fees) attached hereto as Attachment 2. |
c. | Section 2.b. of Amendment No. 3 of the Agreement is deleted in its entirety. |
3.Effect of Amendment. The Agreement, as amended hereby, shall remain in full force and effect, and all terms hereof are hereby ratified and confirmed by the Parties.
4.Further Actions. The Parties agree to execute such other documents and take such further actions necessary to effectuate this Amendment.
5.Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same agreement. It is agreed by the Parties that facsimile signature pages signed by the Parties shall be binding to the same extent as original signature pages.
6.Entire Agreement. This Amendment is the entire agreement between the Parties concerning the subject matter hereof and neither Party shall be bound by representations except as set forth in this Amendment.
7.Amendments. This Amendment may not be modified or amended except by a written agreement signed by the Parties.
[The remainder of this page intentionally left blank.]
2
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first written above.
EQT PRODUCTION COMPANY | EQM GATHERING OPCO, LLC |
By: /s/ Xxxx X. Xxxxxxxxxx | By: /s/ Xxxxx X. Xxxx |
Name: Xxxx X. Xxxxxxxxxx | Name: Xxxxx X. Xxxx |
Title: SVP, Asset Development | Title: SVP |
EQT ENERGY, LLC | |
By: /s/ Xxxxxx X. Xxxxxxx | |
Name: Xxxxxx X. Xxxxxxx | |
Title: President |
[SIGNATURE PAGE TO AMENDMENT NO. 4 TO JUPITER GAS GATHERING AGREEMENT]
ATTACHMENT 1
EXHIBIT A
RECEIPT POINTS, DELIVERY POINTS,
CONTRACT MDQ AND COMPRESSION MDQ
CONTRACT MDQ AND COMPRESSION MDQ
Receipt Point(s) | Receipt Point MDQ MMcf/Day | Zone | Zone MDQ MMcf/Day |
HLB65 | 60 | Xxxx 0 | 000 |
Xxxx Xxx | 00 | Xxxx 1 | 000 |
Xxxx Xxx - Xxxxxxxx Xxxxx | 40 | Xxxx 0 | 000 |
Xxxxxxx | 00 | Xxxx 1 | 300 |
XXX000 | 00 | Xxxx 1 | 300 |
Xxxxxx | 100 | Xxxx 0 | 000 |
Xxxxxx X | 00 | Xxxx 1 | 300 |
Xxxxx | 40 | Xxxx 0 | 000 |
Xxxxxxxx | 00 | Xxxx 1 | 000 |
Xxxxxx Xxx | 30 | Xxxx 0 | 000 |
Xxxxxxxxx Xxxxx | 00 | Xxxx 1 | 300 |
ROG162 | 120 | Xxxx 0 | 000 |
XXX00 | 00 | Xxxx 1 | 300 |
Xxxxxxxx | 000 | Xxxx 2 | 370 |
Xxxxxx | 140 | Xxxx 0 | 000 |
Xxx Xxx | 00 | Xxxx 2 | 370 |
Way176 | 45 | Zone 2 | 370 |
Amity | 15 | Xxxx 0 | 000 |
Xxxxxx Xxxx | 000 | Xxxx 2 | 370 |
Xxxxxxx | 65 | Xxxx 0 | 000 |
Xxxxxx | 00 | Xxxx 2 | 370 |
Xxxxxx | 55 | Zone 2 | 370 |
Xxxxxxx | 9 | Xxxx 0 | 000 |
Xxxxxx | 00 | Xxxx 2 | 370 |
Xxxxxxx | 37.5 | Xxxx 0 | 000 |
X&X | 37.5 | Xxxx 0 | 000 |
Xxxxx | 000 | Xxxx 3 | 370 |
Xxxxxxxxxx | 35 | Xxxx 0 | 000 |
Xxxxx | 00 | Xxxx 3 | 370 |
Beazer | 50 | Zone 3 | 370 |
Xxxxxxxxx | 00 | Xxxx 3 | 370 |
Way153 | 60 | Xxxx 0 | 000 |
Xxxxxxxx | 00 | Xxxx 3 | 370 |
XxXxxxxx | 20 | Xxxx 0 | 000 |
Xxxxxxxx | 00 | Xxxx 3 | 370 |
Xxxxxxxx | 25 | Xxxx 0 | 000 |
Xxxxxxxxxxxx | 0 | Xxxx 3 | 370 |
Alpha | 80 | Zone 3 | 370 |
Exhibit A
Page 1
Page 1
EXHIBIT A (Continued)
RECEIPT POINTS, DELIVERY POINTS,
CONTRACT MDQ AND COMPRESSION MDQ
CONTRACT MDQ AND COMPRESSION MDQ
Delivery Point(s) | Location |
Xxxxxx | Equitrans X-000 |
Xxxxx | Xxxxxxxxx X-000 |
Jupiter | Equitrans H-148 |
Callisto | Equitrans X-000 |
Xxxxxxxx Xxxxx | Xxxxxxxxx X-000 |
Pipers Ridge | Equitrans X-00 |
Xxxxxx | Xxxxxxxxx X-000 |
Io | Equitrans H-148 and M-78 |
Drip Liquids Delivery Point(s) | Location |
Not applicable |
Contract MDQ: | 792,000 Dth / Day |
Compression MDQ: | 792,000 Dth / Day |
Exhibit A
Page 2
Page 2
ATTACHMENT 2
II. Table of Incremental Capital Fees
Incremental Capital Project | Contract MDQ | Incremental Capital Fee | In-Service Date | Applicable Expansion Term |
Exhibit B-2
Page 2
Page 2