EXHIBIT 10.9
AMENDMENT TO GAS SALES AGREEMENT
(Industrials)
THIS AMENDMENT, entered into this 1st day of January, 1996, by and between
K N MARKETING, L.P. a Texas Limited Partnership (Seller - formerly Anthem Energy
Company, L.P.) and EnerMart Trust, a Texas Corporation (Buyer).
W I T N E S S E T H
WHEREAS, Seller and Buyer have entered into that certain Gas Sales
Agreement, dated January 1, 1992, but effective August 1, 1991, covering the gas
requirements for certain commercial and industrial EnerMart customers, and
WHEREAS, Seller and Buyer desire to amend the Agreement:
NOW, THEREFORE, for and in consideration of the mutual covenant and
agreement herein contained, Seller and Buyer do hereby mutually agree as
follows:
I.
Article V Price shall be deleted in its entirety and shall be replaced as
follows:
Buyer shall pay Seller the price(s) specified in each of the Gas Sales
Order(s) listed on the attached Exhibit A for the remaining term(s) of
each such Gas Sales Order. At least ninety (90) days prior to the
expiration of any Gas Sales Order(s), the parties will meet to
redetermine the price and other applicable terms. Should the parties
not reach an agreement on such price and term then Buyer will
transport a quantity of gas to supply Buyer's gas requirements which
had previously been supplied under such Gas Sales Order(s) to the
respective Delivery Point(s) thereunder.
Any such transportation will be under either one of those certain Gas
Services Agreements between K N Westex Gas Services Company and
EnerMart Trust, dated January 1, 1996, or between Westar Transmission
Company and EnerMart Trust dated January 1, 1996.
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II.
The provisions under Article VI TERM shall be deleted in their entirety and
shall be replaced as follows:
This Agreement shall become effective August 1, 1991 and continue through
December 31, 2001; provided, however, that the provisions hereof shall continue
to apply to any Gas Sales Order entered into between Seller and Buyer prior to
the date of termination of this Agreement until any and all such Gas Sales
Orders terminate.
III.
The Parties hereby agree that all provisions under this Agreement,
including, but not limited to Article VII, governing quality, measurement,
testing, equipment, pressure, and any other operational matters shall be
replaced and superseded by the respective provisions of the Operating Agreement.
The "Operating Agreement" means the agreement between Westar Transmission
Company and Energas Company, dated December 1, 1996 covering measurement
equipment and testing, measurement specifications, pressures, quality,
maintenance of facilities, and other operational matters.
Except as modified by this Amendment, all terms and conditions of the
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF the parties hereto have caused this Amendment to be
executed by their duly authorized officers as of the month, day, and year first
above written.
BUYER: SELLER:
ENERMART TRUST K N MARKETING, L. P.
by its General Partner,
American Pipeline Company
By: By:
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Signature Signature
Name: Name:
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Typed/Printed Typed/Printed
Title: Title:
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