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[Xxxxxxxx Letterhead]
September 11, 2006
Xxxxx
Xxxxxx
Assistant Vice President, Operations
Clean Energy
0000 Xxx Xxxxx Xxxxxxx, Xxxxx 000
Xxxx Xxxxx, XX 00000
RE: LNG Sales Agreement between Xxxxxxxx Gas Processing Company and Clean Energy Fuels Corp. dated May 23, 2003 as amended on December 21, 2004.
Dear Xxxxx Xxxxxx:
This letter agreement both verifies certain facts related to the LNG Sales Agreement between Xxxxxxxx Gas Processing Company and Clean Energy Fuels Corp., dated May 23, 2003 as amended on December 21, 2004, ("LNG Agreement"), as well as amends the LNG Agreement.
Clean Energy Fuels Corp. ("Clean Energy") hereby verifies that the LNG that Clean Energy ahs received from Xxxxxxxx Gas Processing Company ("WGP") pursuant to the LNG Agreement has been used solely for vehicular fuel purposes.
Further, Clean Energy and WGP hereby agree to amend the LNG Agreement by adding the following new Article VIII:
Article VIII—Warranty of Vehicular Use
Clean Energy represents and warrants that the LNG delivered to Clean Energy pursuant to this Agreement is used solely for vehicular purposes.
By signing below you are signifying your agreement to the terms set forth herein.
Sincerely,
/s/ Xxxxxx Xxxxxxxx Xxxxxx Xxxxxxxx Xxxxxxxx Gas Processing Company |
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Agreed to this 9th day of Sept., 2006 |
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/s/ Clean Energy Fuels Corporation |