Exhibit 10.12(b)
AMENDMENT TO THE CCC/WPC SERVICES AGREEMENT
This Amendment to the CCC/WPC Services Agreement between Chevron
Chemical Company and Xxxxxx Petroleum Company, Limited Partnership, dated as
of the 1st day of September, 1996 (the "Services Agreement"), is made and
entered into by CHEVRON CHEMICAL COMPANY, LLC, a Delaware limited liability
company ("CCCLLC"), and XXXXXX PETROLEUM COMPANY, LIMITED PARTNERSHIP, a
Delaware limited partnership ("Xxxxxx"), as of this 18th day of May, 1998.
R E C I T A L S
WHEREAS, CCCLLC is successor-in-interest to Chevron Chemical Company,
a party to the Services Agreement, by virtue of a merger agreement; and
WHEREAS, CCCLLC and Xxxxxx have agreed to modify the Services
Agreement as set forth herein.
NOW THEREFORE, in consideration of the promises and mutual covenants
contained herein and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged by the parties to this First
Amendment, the parties agree to amend the Services Agreement as follows:
1. Section 5.0 Term of Exhibit A-5 Barge Transportation is deleted in
its entirety and is replaced by the following new Section 5.0:
Notwithstanding the provisions specified in Section 5.0 of
this Services Agreement, the services covered in this Exhibit shall
terminate (i) effective August 31, 2003, in the event that WPC does
not exercise its call option as specified in Section 8.2 of that
certain Limited Liability Company Agreement between Chevron U.S.A.
Inc. and Xxxxxx Petroleum Company, Limited Partnership, as amended
(the "LCC Agreement"), or (ii) upon damage beyond the economic
repair or expiration of the useful life of the barges NATCHEZ and
COMANCHE, or (iii) as provided in Section 2.2 of this Exhibit. If
WPC does exercise its call option as specified in Section 8.2 of
the LLC Agreement on or prior to August 31, 2003, the provisions
of Section 5.0 of this Services Agreement shall apply, and WPC
shall be obligated to continue to provide the barge transportation
services as specified in Section 1.0 of this Exhibit.
2. This Amendment shall be effective as of August 30, 1998.
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment as
of the date first above written.
Executed at CHEVRON CHEMICAL COMPANY, LLC
0000 XxXxxxxx
Xxxxxxx, XX 00000 By: /s/ A. H Xxxxxx
-----------------------------
Name: A. H Xxxxxx
Title: Assistant Secretary
Executed at XXXXXX PETROLEUM COMPANY
LIMITED PARTNERSHIP
By: Xxxxxx Petroleum G.P., Inc.,
Its General Partner
0000 Xxxxxxxxx - Xxxxx 0000
Xxxxxxx, XX 00000-0000 By: /s/ Xxxxxxx X. Xxxxxxxxx
------------------------------
Name: S X. Xxxxxxxxx
Title: President
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