CERTAIN CONFIDENTIAL INFORMATION, IDENTIFIED BY BRACKETED ASTERISKS “[***]”, HAS BEEN OMITTED FROM THIS EXHIBIT BECAUSE IT IS BOTH (I) NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. THIRD AMENDMENT OF COOPERATIVE...Cooperative Development Agreement • December 13th, 2023 • Intrepid Potash, Inc. • Mining & quarrying of nonmetallic minerals (no fuels)
THIS THIRD AMENDMENT OF COOPERATIVE DEVELOPMENT AGREEMENT (this “Amendment”), dated effective as of January 1, 2024 (the “Amendment Date”), is among Intrepid Potash, Inc., a Delaware corporation (“IPI”), and Intrepid Potash-New Mexico, LLC, a New Mexico limited liability company (“Intrepid-NM”, and together with IPI, collectively, “Intrepid”), and XTO Holdings, LLC, a Delaware limited liability company (“XTO Holdings”), and XTO Delaware Basin, LLC, a Texas limited liability company (“XTO Delaware Basin”, and together with XTO Holdings, collectively, “XTO”). IPI, Intrepid-NM, XTO Holdings and XTO Delaware Basin shall be referred to herein, individually, as a “Party”, and collectively, as the “Parties”.
COOPERATIVE DEVELOPMENT AGREEMENTCooperative Development Agreement • December 13th, 2023 • Intrepid Potash, Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • New Mexico
This Cooperative Development Agreement (this “Agreement”) is made and entered into by and between Intrepid Potash, Inc., a Delaware corporation (“IPI”), and Intrepid Potash-New Mexico, LLC, a New Mexico limited liability company (“Intrepid-NM”), each with an address of 707 17th Street, Suite 4200, Denver, Colorado 80202 (collectively “Intrepid”), and BOPCO, L.P., a Delaware limited partnership, and the Bass Owners, whose address is [****] (collectively, “BOPCO”), to be effective for all purposes as of the 28th day of February, 2011 (the “Effective Date”). References in this Agreement to a “Party” shall, as the context requires, refer to both IPI and Intrepid-NM as one Party and to BOPCO as a Party, and, collectively, as the “Parties.”
