AMENDMENT TO TERMINALING SERVICES AGREEMENT (January1, 2017)
Exhibit 10.1
AMENDMENT TO TERMINALING SERVICES AGREEMENT
(January 1, 2017)
This Amendment to Terminaling Services Agreement is made as of the 1st day of January, 2017 between Center Point Terminal Company, LLC, a Delaware limited liability company (“Terminal”), and Apex Oil Company, Inc., a Missouri corporation (“Customer”).
RECITALS
A. Terminal and Customer are party to that certain Terminaling Services Agreement dated August 14, 2013, as amended (collectively, the “Agreement”), which Agreement provides for the storage and handling of various petroleum products as specified therein at the Terminal Facilities.
B. Terminal and Customer desire to amend the Agreement pursuant to the terms and conditions contained herein.
AGREEMENT
In consideration of the foregoing, the mutual covenants herein contained and other good and valuable consideration (the receipt, adequacy and sufficiency of which are hereby acknowledged by the parties by their execution hereof), the parties agree as follows:
1. Definitions. All capitalized terms not otherwise expressly defined herein shall have the respective meanings given thereto in the Agreement.
2. Amendments.
2.1 Stipulated Volumes. Schedule B of the Agreement shall be amended to decrease the Stipulated Volumes at the Salisbury Facility by 6,055 barrels effective January 1, 2017, as shown on the Amended Schedule B attached hereto and incorporated herein by this reference.
3. No Other Modifications. Nothing contained herein in any way impairs the Agreement or alters, waives, annuls, varies or affects any provision, condition or covenant therein, except as specifically set forth in this Amendment to the Agreement. All other terms and provisions of the Agreement remain in full force and effect.
[Signature Page Immediately Follows]
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first written above.
CENTER POINT TERMINAL COMPANY, LLC | ||
By: | /s/ Ken Fenton | |
Name: | Ken Fenton | |
Title: | Executive Vice President | |
APEX OIL COMPANY, INC. | ||
By: | /s/ Christopher J. Schmitt | |
Name: | Christopher J. Schmitt | |
Title: | Chief Financial Officer |
AMENDED SCHEDULE B
(Effective as of January 1, 2017)
STIPULATED VOLUMES AND TYPES OF PRODUCT
Albany | Baltimore | Blakeley Island | Chesapeake | Gates | Glenmont | Greensboro | Jacksonville | Newark | North Little Rock | Salisbury | St. Louis | Total | |
Stipulated Volumes/bbl | 612,062 | 853,900 | N/A | 78,400 | 101,178 | 1,846,511 | 664,107 | 251,618 | 433,000 | 233,559 | 141,068 | 5,215,403 (excluding biodiesel and asphalt) | |
Biodiesel volumes/bbl | 500 | 500 | |||||||||||
Asphalt Stipulated Volumes/bbl | 165,000 | 347,820 | 512,820 |
This Amended Schedule B reflects all revisions to the Agreement as of January 1, 2017.