Exhibit 10.28
AMENDMENT NO. 1
TO
PRODUCT SUPPLY AGREEMENT
This Amendment No. 1 is effective 1 March 2000 by and between AIR PRODUCTS
AND CHEMICALS, INC., a corporation organized and existing under the laws of the
State of Delaware (hereinafter called "Seller"), and XXXXX REFINING & MARKETING,
INC., a corporation organized and existing under the laws of the State of
Delaware (hereinafter called "Buyer").
WITNESSETH THAT:
WHEREAS, Seller and Buyer are parties to a Product Supply Agreement dated
as of 1 August 1999 (hereinafter referred to as the "Agreement"); and
WHEREAS, the parties now wish to further amend the Agreement as set forth
herein.
NOW THEREFORE, in consideration of the foregoing and the terms and
conditions set forth herein, Seller and Buyer agree to amend the Agreement as
follows:
1. In Section 4.1.9 Density Determination, delete the first sentence in this
section in its entirety and replace with the following sentence: "The
flowing gas-density of the refinery fuel gas stream shall be determined
using an on-line gas chromatograph."
2. Delete Section 4.1.15 Calibration of Gas Densitometer in its entirety.
3. In Appendix I, delete in its entirety the paragraph beginning "LHVrf and
HHVrf shall be as calculated..." and replace it with the following:
"LHVrf and HHVrf shall be calculated monthly by Seller based on averaging
Seller's gas chromatograph-based determination of the refinery fuel heating
values. LHVng and HHVng shall be the monthly average values of each as
provided by the supplier(s) of natural gas. The quantity of BTU's purchased by
Seller from Buyer shall be determined by Seller's metering and chromatograph
on a BTU/month, HHV basis."
4. All defined terms set forth herein without definition shall have the
meaning given such term in the Agreement.
5. Except as set forth herein, all other terms and conditions of the
Agreement shall remain unchanged and continue in full force and effect.
IN WITNESS WHEREOF, parties hereto have caused this Amendment No. 1 to be
executed by their duly authorized officers as of the date first written above.
AIR PRODUCTS AND CHEMICALS, INC.
By: /s/ Xxxx X. XxXxxxx
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Title: Vice President
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XXXXX REFINING & MARKETING, INC.
By: /s/ Xxx Xxxx
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Title: Technical Manager
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