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 Xxxxxx
----------------------------
Title: Vice President
-------------------------
XXXXX REFINING & MARKETING, INC.
By: /s/ Xxx Xxxxxx
----------------------------
Title: Technical Manager
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AMENDMENT NO. 1
TO
HYDROGEN 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 PORT XXXXXX XXXXX COMPANY
L.P., a limited partnership organized and existing under the laws of the State
of Delaware (hereinafter called "Buyer").
WITNESSETH THAT:
WHEREAS, Seller and Buyer are parties to a Hydrogen 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. Delete Section 7.6 One Time Charges in its entirety and replace with the
following:
"Section 7.6 One Time Charges. No later than 1 September 2000, Buyer shall
pay Seller a lump sum for each of the following items:
Flare Stack $521,180
Control Building Protection $296,640
Senior Orifice Meter Run for Refinery Fuel Gas $ 26,800
H\\2\\S Analyzer for Spill Gas Feed $ 56,700"
2. In Appendix 1, delete in its entirety the paragraph beginning "LHVrf and
HHVrf shall be 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 Xxxxx shall be determined by Seller's metering and chromatograph on a
BTU/month, HHV basis."
3. All defined terms set forth herein without definition shall have the
meaning given such term in the Agreement.
4. 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 Agreement 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 Xxxxxx
----------------------------
Title: Vice President
-------------------------
PORT XXXXXX XXXXX COMPANY L.P.
By: SABINE RIVER HOLDING CORP.,
as General Partner
By: /s/ Xxx Xxxxxx
----------------------------
Title: Vice President
-------------------------
