Amendment and Consent to Assignment of Crude Oil Supply and Terminalling Agreement between EOTT Energy Operating Limited Partnership, Koch Petroleum Group, L.P., and Koch Supply & Trading, L.P.

Summary

This agreement amends a previous crude oil supply and terminalling contract between EOTT Energy Operating Limited Partnership and Koch Petroleum Group, L.P. EOTT consents to Koch assigning its rights and obligations under the contract to Koch Supply & Trading, L.P., effective January 1, 2002. Koch Supply & Trading, L.P. agrees to be bound by all terms of the original agreement. The amendment also updates certain contract language to reflect the new party. All other terms of the original agreement remain unchanged.

EX-10.26 5 d97278exv10w26.txt LETTER AGREEMENT DATED DECEMBER 18, 2001 EXHIBIT 10.26 EOTT ENERGY OPERATING LIMITED PARTNERSHIP December 18, 2001 Koch Petroleum Group, L.P. 4111 East 37th Street North Wichita, Kansas 67220 Re: Amendment and Consent to Assignment Crude Oil Supply and Terminalling Agreement dated December 1, 1988 by and between Koch Petroleum Group, L.P. and EOTT Energy Operating Limited Partnership, as amended, (EOTT Contract No. 37562) Gentlemen: This letter agreement, when executed by you in the manner provided for below, shall serve to modify and amend that certain Crude Oil Supply and Terminalling Agreement ("Agreement") dated December 1, 1998 by and between Koch Petroleum Group, L.P. ("Koch") and EOTT Energy Operating Limiting Partnership ("EOTT") as follows: 1. EOTT hereby consents to the assignment of the rights and obligations of Koch under the Agreement to Koch Supply & Trading, L.P. effective as of January 1, 2002. Koch Supply & Trading, L.P., by its execution of this letter agreement, hereby agrees, pursuant to the provisions of Section 10.6 (b) of the Agreement, to be bound by all the terms and conditions of the Agreement. 2. Under Section 1.3(b) of the Agreement, where the words "Koch's Posting for West Texas/New Mexico Intermediate crude oil" appear they shall be deleted and replaced by "Koch's posting for West Texas/New Mexico Intermediate crude oil as provided by Koch Supply & Trading, L.P.". 3. Under Section 3.2(a) of the Agreement, the words "as provided by Koch Supply & Trading, L.P.," shall be inserted on the second line between the words "Intermediate" and "gravity". Except as herein above modified, all the other terms and conditions of this Agreement and any previous amendments thereto, shall remain unchanged and in full force and effect. EOTT ENERGY OPERATING LIMITED PARTNERSHIP BY: EOTT ENERGY CORP., ON BEHALF OF ITS GENERAL PARTNER EOTT ENERGY GENERAL PARTNER, L.L.C. By: /s/ Dana R. Gibbs rl ----------------------------------- Dana R. Gibbs President and COO Koch Petroleum Group, L.P. By: KPG/GP, LLC its general partner By: ----------------------------- Its: ----------------------------- Koch Supply & Trading, L.P. By: KS&T/GP, LLC its general partner By: ----------------------------- Its: -----------------------------