Certain confidential information contained in this document, marked by brackets, has been omitted because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed. FIRST AMENDMENT TO SECOND AMENDED AND RESTATED...
Certain confidential information contained in this document, marked by brackets, has been omitted because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed.
FIRST AMENDMENT TO
SECOND AMENDED AND RESTATED TERMINALLING SERVICES AGREEMENT
This First Amendment to that certain Second Amended and Restated Terminalling Services Agreement (this “Amendment”) is entered into effective as of April 1, 2019, by and between Xxxxxx Operating Partnership L.P., a Delaware limited partnership (“Operator”) and Xxxxxx Energy Services LLC, an Alabama limited liability company (“Customer”). Operator and Customer are referred to herein collectively as the “Parties”.
1. Deletion and Replacement of Definition of Throughput Fee. The definition of “Throughput Fee” in Section 1of the Agreement is hereby deleted and replaced in its entirety as follows:
“Throughput Fee” means [****] per gallon for Product out-loaded from the Terminal within the Minimum Annual Total Throughput.”
2. Affirmation of Agreement. Except as expressly amended herein, the terms, covenants and conditions of the Agreement shall remain in full force and effect without modification or amendment, and the Parties ratify and reaffirm the same in its entirety.
3. Miscellaneous. This Amendment shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of laws principles. In the event that the terms and conditions of the Agreement conflict or are inconsistent with those of this Amendment, the terms of this Amendment shall govern. The provisions of this Amendment shall be binding upon, and shall inure to the benefit of, the Parties and each of their respective representatives, successors and assigns. This Amendment may be executed in counterparts, each of which shall be deemed an original and both of which together shall constitute one and the same agreement.
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XXXXXX OPERATING PARTNERSHIP L.P.
By: Xxxxxx Operating GP, LLC, Its General Partner
By: Xxxxxx Midstream Partners, L.P., Its Sole Member
By: Xxxxxx Midstream GP, LLC, Its General Partner
By: ______________________________________
Name: ____________________________________
Title: ____________________________________
XXXXXX ENERGY SERVICES LLC
By: ______________________________________
Name: ____________________________________
Title: ____________________________________