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EXHIBIT 10.34
* CERTAIN PORTIONS OF THIS EXHIBIT HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR
CONFIDENTIAL TREATMENT WHICH HAS BEEN FILED SEPARATELY WITH THE SEC.
[KOCH LETTERHEAD]
September 14, 2000
EOTT Energy Operating Limited Partnership
Attention: Mr. Dana Gibbs, President
P.O. Box 4666
Houston, Texas 77210-4666
Re: Crude Oil Supply and Terminalling Agreement ("Agreement") dated
December 1, 1998 by and between EOTT Energy Operating Limited
Partnership ("EOTT") and Koch Petroleum Group, L.P. ("Koch"), EOTT
Contract No. 37562
Gentlemen:
Effective September 1, 2000, for a period of six months, each party
agrees to amend Section 3.1 of the Agreement, Supply Volume Price Formula, in
its entirety, to provide:
ARTICLE 3 - SUPPLY VOLUME PRICE
3.1 [*]
(a) [*]
(b) [*]
In recognition of this amendment, both parties agree to suspend the
right to make any claims regarding any renegotiation of the Supply Volume Price
pursuant to Section 8 and termination of the aforementioned Agreement pursuant
to Sections 8.3 through 8.6 for a period of six months, effective September 1,
2000.
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EOTT Energy Operating Limited Partnership
September 14, 2000
Page 2
If the parties have not negotiated a subsequent amendment to Section
3.1 of the Agreement thirty (30) days prior to the end of the six month term
referenced herein, the claims previously suspended shall be reinstated and each
party shall be allowed to exercise any and all rights they may have under the
Agreement. Additionally, Section 3.1 shall revert to the language in the
original Agreement at the end of the six month term.
Should any party claim Uneconomic Market Conditions, as defined in the
Agreement, the prices used to calculate such conditions shall be [*]. Any claim
for Uneconomic Market Conditions shall be made pursuant to the terms of the
original Agreement and the suspension period shall not affect how such
calculation is performed.
Except as hereby modified, all other terms and conditions of the
Agreement, and any amendments hereto, shall remain in full force and effect.
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EOTT ENERGY OPERATING LIMITED PARTNERSHIP KOCH PETROLEUM GROUP, L.P.
BY: EOTT ENERGY CORP., ITS GENERAL PARTNER BY: KPG/GP, INC. IT GENERAL PARTNER
By: /s/ Dana R. Gibbs By: /s/ James B. Urban
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Printed Name: Dana R. Gibbs Printed Name: James B. Urban
------------------------------- -----------------------------
Title: President Title: V.P., North American Light Trading
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