FIRST SUPPLEMENTAL AND AMENDED AGREEMENT FOR FIRM DISPOSAL OF SALT WATER BETWEEN HECKMANN WATER RESOURCES CORPORATION AND EXCO PRODUCTION COMPANY, L.P.Agreement for Firm Disposal of Salt Water • March 11th, 2010 • Heckmann CORP • Blank checks • Texas
THIS document, which will become effective the 25th day of January, 2010, shall constitute the FIRST AMENDED AND RESTATED AGREEMENT FOR FIRM DISPOSAL OF SALT WATER (as amended and restated, this “Agreement”), by and between HECKMANN WATER RESOURCES CORPORATION, a Texas corporation (individually and as successor to CHARIS PARTNERS, LLC a Texas limited liability company), hereinafter referred to as “HWR” and EXCO OPERATING COMPANY LP. (individually and as successor to EXCO PRODUCTION COMPANY, LP) hereinafter referred to as “EXCO.” Each party to this Agreement is hereinafter referred to individually as “Party” and collectively as “Parties.” This document amends and restates in its entirety the original AGREEMENT FOR FIRM DISPOSAL OF SALT WATER entered between the parties predecessors in interest in that original Agreement the third day of September, 2008, as subsequently amended or supplemented.
