1
EXHIBIT 10.12
Xxxxxxxx X. Xxxxxx
Supervisor - Industrial Materials Purchasing
Rouge Steel Company
0000 Xxxxxx Xxxx
Xxxxxxxx, XX 00000
Subject: Amendment #2 to Oxygen, Nitrogen and Argon Supply Agreement
Dear Xxxxx:
Reference is made to the oxygen, nitrogen and argon supply agreement
dated November 16, 1993 by and between Praxair, Inc. and Rouge Steel Company
(the "Agreement") as amended by letter agreement dated April 10, 1998 pursuant
to which Praxair supplies oxygen, nitrogen and argon to Rouge Steel's plant
located at Dearborn, Michigan and to Xxx Xxxxxx'x letter to Xxxxx Xxxxx dated
December 8, 1998 requesting that Praxair participate in Rouge Steel's Supplier
Cost Reduction Program.
The Agreement shall be amended during the period beginning January 1,
1999 and ending March 31, 1999 as follows:
The language contained in Article 1.3 shall be deleted in its
entirety and replaced by the following:
"1.3 "As-Available Oxygen" means oxygen delivered to Buyer hereunder
as provided in Article 2.2 at a maximum instantaneous demand rate in excess of
the maximum instantaneous demand rate for Gaseous Oxygen as set forth in Article
1.11 up to a maximum instantaneous demand rate of 2,100,000 standard cubic feet
per hour during the period from January 1. 1999 until March 31, 1999."
Beginning as of April 1, 1999, the provisions of Article 1.3 of the
Agreement as set forth in Amendment #1 to the Agreement shall be reinstated and
shall supersede the provisions of Article 1.3 of the Agreement as set forth in
this Amendment.
Except as set forth above, all terms and conditions of the Agreement
shall remain unchanged and shall continue in full force and effect. If the
forgoing is acceptable to you, please indicate your acceptance by signing in the
space below and returning both documents to us. A fully executed document will
be returned for your files.
Submitted by:
X. X. Xxxxxxx
Key Account Manager
Praxair, Inc.
Accepted by: /s/ Xxxxxxxx X. Xxxxxx
Rouge Steel Company
1/6/99