EXHIBIT 10.26
EOTT ENERGY OPERATING LIMITED PARTNERSHIP
December 18, 2001
Xxxx Petroleum Group, L.P.
0000 Xxxx 00xx Xxxxxx Xxxxx
Xxxxxxx, Xxxxxx 00000
Re: Amendment and Consent to Assignment
Crude Oil Supply and Terminalling Agreement dated December 1, 1988 by
and between Xxxx Petroleum Group, L.P. and EOTT Energy Operating
Limited Partnership, as amended, (EOTT Contract No. 37562)
Gentlemen:
This letter agreement, when executed by you in the manner provided for
below, shall serve to modify and amend that certain Crude Oil Supply and
Terminalling Agreement ("Agreement") dated December 1, 1998 by and between Xxxx
Petroleum Group, L.P. ("Xxxx") and EOTT Energy Operating Limiting Partnership
("EOTT") as follows:
1. EOTT hereby consents to the assignment of the rights and obligations of
Xxxx under the Agreement to Xxxx Supply & Trading, L.P. effective as of
January 1, 2002. Xxxx Supply & Trading, L.P., by its execution of this
letter agreement, hereby agrees, pursuant to the provisions of Section
10.6 (b) of the Agreement, to be bound by all the terms and conditions
of the Agreement.
2. Under Section 1.3(b) of the Agreement, where the words "Xxxx'x Posting
for West Texas/New Mexico Intermediate crude oil" appear they shall be
deleted and replaced by "Xxxx'x posting for West Texas/New Mexico
Intermediate crude oil as provided by Xxxx Supply & Trading, L.P.".
3. Under Section 3.2(a) of the Agreement, the words "as provided by Xxxx
Supply & Trading, L.P.," shall be inserted on the second line between
the words "Intermediate" and "gravity".
Except as herein above modified, all the other terms and conditions of
this Agreement and any previous amendments thereto, shall remain unchanged and
in full force and effect.
EOTT ENERGY OPERATING LIMITED PARTNERSHIP
BY: EOTT ENERGY CORP., ON BEHALF OF ITS GENERAL PARTNER
EOTT ENERGY GENERAL PARTNER, L.L.C.
By: /s/ Xxxx X. Xxxxx xx
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Xxxx X. Xxxxx
President and COO
Xxxx Petroleum Group, L.P.
By: KPG/GP, LLC its general partner
By:
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Its:
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Xxxx Supply & Trading, L.P.
By: KS&T/GP, LLC its general partner
By:
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Its:
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