EXHIBIT 10.9
MARINE FUEL AGREEMENT
This MARINE FUEL AGREEMENT is made and entered into this the 1st day of
November, 2002 by and between Midstream Fuel Service LLC, an Alabama limited
liability company, hereinafter referred to as "Midstream," and Xxxxxx Operating
Partnership L.P., a Delaware partnership, hereinafter referred to as "Customer."
Midstream and Customer agree as follows:
1. For and in consideration of the conditions set forth herein, and
upon the terms and conditions hereinafter described, Midstream does hereby agree
to supply Customer High Sulfur Diesel ASTM D-975 No. 2 to Customer at
Midstream's docks in Mobile, Alabama; Xxxxxxxx, Alabama; and Pascagoula,
Mississippi. The term of this agreement for three years, commencing November 1,
2002. After the initial term, the term shall automatically renew from year to
year, unless either party gives written notice at least thirty (30) days prior
to the expiration of the initial term or of any renewal term.
2. Customer agrees to purchase from Midstream one hundred percent
(100%) its High Sulfur Diesel fuel requirements that occur in the Mobile,
Xxxxxxxx, or Pascagoula areas, during the term of this agreement. Midstream
agrees to sell Customer High Sulfur Diesel ASTM D-975 No. 2 at its applicable
dock, at a price per gallon equal to Midstream's Average Inventory Cost in
effect on the date of delivery, plus $0.035 per gallon. Additional charges will
apply for deliveries made to locations other than Midstream's docks. Payments
shall be sent to Midstream at X.X. Xxx 000000, Xxxxxx, Xxxxx 00000-0000, or to
such other address as Midstream shall designate in writing.
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3. Midstream's Standard Conditions of Sale as set forth on Exhibit A
shall govern the terms and conditions of sales of High Sulfur Diesel ASTM D-975
No. 2 to Customer by Midstream.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
duly executed the date first mentioned above.
MIDSTREAM FUEL SERVICE LLC
By: Xxxxxx Resource Management Corporation
Its: Sole manager
By: /s/ Xxxxx X. Xxxxxx, III
Xxxxx X. Xxxxxx, III
Its: President
XXXXXX OPERATING PARTNERSHIP L.P.
By: Xxxxxx Operating GP LLC
Its: General Partner
By: Xxxxxx Resource LLC
Its: Sole Member
By: Xxxxxx Resource
Management Corporation
Its: Sole Member
By: /s/ Xxxxx X. Xxxxxx, III
Xxxxx X. Xxxxxx, III
Its: President
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