EXHIBIT 10.25
* Certain portions of this exhibit have been omitted pursuant to a
request for confidential treatment which has been
filed separately with the SEC.
EOTT ENERGY OPERATING LIMITED PARTNERSHIP
X.X. XXX 0000
XXXXXXX, XXXXX 00000-0000
August 23, 2001
Xxxx Petroleum Group, L.P.
Attention: Xxxxx X. Xxxxx
P. O. Xxx 0000
Xxxxxxx, Xxxxxx 00000
Re: Crude Oil Supply and Terminalling Agreement ("Agreement") dated
December 1, 1998 by and between EOTT Energy Operating Limited
Partnership ("EOTT") and Xxxx Petroleum Group, L.P. ("Xxxx"), XXXX
Xxxxxxxx Xx. 00000
Xxxxxxxxx:
Effective September 1, 2001, for a period of three months, and
continuing month to month thereafter on an evergreen basis subject to
cancellation by either party with 30-day notice, each party agrees to amend
Section 3.1 of the Agreement, Supply Volume Price Formal, in its entirety, to
provide:
ARTICLE 3 - SUPPLY VOLUME PRICE
3.1 [*]
(a) [*]
(b) [*]
In recognition of this amendment, both parties agree to suspend the
right to make any claims regarding any renegotiation of the Supply Volume Price
pursuant to Section 8 and termination of the aforementioned Agreement pursuant
to Sections 8.3 through 8.6 for a period of time this amendment is in effect,
starting September 1, 2001.
If the parties issue a 30-day notice of cancellation for this
amendment, the claims previously suspended shall be reinstated and each party
shall be allowed to exercise any and all rights they may have under the
Agreement. Additionally, Section 3.1 shall revert to the language in the
original Agreement at the end of the 30-day cancellation notice period.
Should any party claim Uneconomic Market Conditions, as defined in the
Agreement, the prices used to calculate such conditions shall be the Supply
Volume Price
Xxxx Petroleum Group, L.P.
August 23, 2001
Page 2
Formula in effect for each month in question. Any claim for Uneconomic Market
Conditions shall be made pursuant to the terms of the original Agreement and the
suspension period shall not affect how such calculation is performed. [*]
Except as hereby modified, all other terms and conditions of the
Agreement, and any amendments hereto, shall remain in full force and effect.
EOTT Energy Operating Limited Partnership Xxxx Petroleum Group, L.P.
By: EOTT Energy Corp., its General Partner By: KPG/GP, Inc. its General Partner
By: /s/ Xxxxxx X. Xxxxxxx mms By:
-------------------------------------- --------------------------------
Printed Name: Xxxxxx X. Xxxxxxx Printed Name:
----------------------
Title: General Manager Title:
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