Initial Public Offering (IPO): Registration Statement (General Form) — Form S-1
Filing Table of Contents
Document/Exhibit Description Pages Size
1: S-1 Registration Statement (General Form) 99 560K
2: EX-3.1 Certificate of Incorporation 8 30K
3: EX-3.2 Bylaws 14 55K
4: EX-10.1 Reorganization Agreement 21 93K
13: EX-10.10 Gas Treating and Processing Agreement 48 131K
14: EX-10.11 Gas Gathering, Treating and Processing Agreement 36 99K
15: EX-10.12 Gas Gathering, Treating and Processing Agreement 32 104K
16: EX-10.13 Products Exchange Agreements 3 20K
17: EX-10.14 Gas Processing and Treating Agreement 11 44K
18: EX-10.15 Processing Agreement 30 66K
19: EX-10.16 Natural Gas Liquids Purchase Agreement 7 31K
20: EX-10.17 Purchase and Demolition Agreement 25 52K
21: EX-10.18 Purchase and Demolition Agreement 25 53K
22: EX-10.19 Agreement to Design and Construct New Facilities 21 43K
5: EX-10.2 Modification Agreement 6 34K
23: EX-10.20 Sales Acknowledgement 3 18K
24: EX-10.21 Loan Agreement Dated November 20, 1992 202 752K
25: EX-10.23 Natural Gas Liquids Purchase Agree. (Boldman) 14 46K
26: EX-10.25 1996 Incentive Compensation Plan 5 23K
27: EX-10.26 1996 Stock Incentive Plan of Registrant 13 52K
28: EX-10.27 1996 Nonemployee Director Stock Option Plan 9 40K
29: EX-10.28 Form of Non-Compete With J.M. Fox & Markwest 1 10K
6: EX-10.3 Amended and Restated Mortgage 41 166K
7: EX-10.4 Secured Guaranty, Dated May 2, 1996 23 62K
8: EX-10.5 Security Agreement, Dated May 2, 1996 23 78K
9: EX-10.6 Pledge Agreement, Dated May 2, 1996 21 70K
10: EX-10.7 Participation, Ownership and Operating Agreement 83 290K
11: EX-10.8 Second Amended and Restated Agreement 10 45K
12: EX-10.9 Subordination Agreement 13 47K
30: EX-11 Computation of Per Share Earnings 1 9K
31: EX-23.1 Consent of Price Waterhouse LLP 1 9K
32: EX-23.2 Consent of Bdo Seidman, LLP 1 10K
EX-10.23 — Natural Gas Liquids Purchase Agree. (Boldman)
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NATURAL GAS LIQUIDS PURCHASE AGREEMENT
(Boldman Plant)
THIS AGREEMENT made and entered into this 24th day of December, 1990, by
and between COLUMBIA GAS TRANSMISSION CORPORATION, herein called "Columbia", and
MARKWEST HYDROCARBON PARTNERS, LTD. (herein called "MarkWest").
RECITALS:
A. Columbia desires to deliver all liquid hydrocarbons extracted from
natural gas at the Boldman Extraction Plant, operated by Columbia (the "Boldman
Plant" or "Plant").
B. MarkWest desires to receive all of those liquid hydrocarbons in
accordance with the terms of this Agreement.
NOW THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the parties agree as follows:
1. Commitment. (a) MarkWest agrees to receive and purchase One Hundred
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Percent (100%) of the natural gas liquids produced by Columbia from the Boldman
Plant. In conjunction therewith, MarkWest agrees that it shall receive and
remove the liquids recovered by Columbia at the Plant on a daily basis, to the
extent that the recovery of those natural gas liquids requires daily removal. In
the event that a failure of MarkWest to timely remove natural gas liquids from
the Boldman Plant causes Columbia to exceed the storage capacities for those
liquid products at the Boldman Plant, then Columbia shall have the right to sell
those liquids to the extent required to alleviate storage capacity problems, and
shall remit to MarkWest any proceeds received in those sales less all necessary
and reasonable costs and expenses incurred by Columbia in selling those
products. All liquids sold by Columbia under the provisions of this Paragraph
1., shall be deemed received and accepted by MarkWest from Columbia for the
purposes of determining the reimbursements by MarkWest under Paragraph 4.,
below.
(b) Columbia agrees that it shall utilize its best efforts to
maximize the liquid recovery (propane and heavier hydrocarbons) from the Plant
utilizing the Plant equipment as ultimately constructed and installed.
(c) Subject to the limitations hereinafter set forth, Columbia
agrees to use its best efforts to avoid taking any action not compelled by law
or regulation which will reduce the volume of natural gas being supplied to the
Boldman Plant, or reduce the recovery of natural gas liquids at the Boldman
Plant, or divert elsewhere the streams of natural gas that would otherwise flow
through and be processed by the Boldman Plant.
MarkWest and Columbia agree that the streams of natural gas are primarily part
of Columbia's current natural gas supply for service to the public and
Columbia's use of said natural gas streams to meet its public service obligation
at the lowest reasonable cost shall be paramount. Columbia shall have the right
to manage its gas supply, including the subject natural gas streams, in the
manner in which Columbia, in its sole discretion, deems most appropriate to meet
its public service obligation at the lowest reasonable cost, without any
liability to MarkWest on account thereof. That right shall specifically include,
but not be limited to, the right to curtail, interrupt, or divert the natural
gas streams for such periods as Columbia, in its sole judgment, deems necessary.
It is provided, however, that should Columbia divert the natural gas streams,
otherwise deliverable to the Boldman Plant, to other extraction plants, the
liquids extracted from those streams shall remain committed to MarkWest under
the terms of this Agreement.
2. Delivery Point of Natural Gas Liquids. (a) MarkWest shall receive
-------------------------------------
delivery of natural gas liquids under this Agreement where the liquid passes
from the loading facilities into MarkWest's transportation vehicles at the
Boldman Plant site. Columbia agrees to provide MarkWest the use of adequate
space at the Plant site for MarkWest to conduct loading of the natural gas
liquids produced at the Plant. MarkWest shall be solely responsible for any
expenses incurred in loading natural gas liquids at Boldman, and removing and
transporting the natural gas liquids from the truck loading facilities.
(b) Title to the natural gas liquids and all components thereof
shall pass from Columbia to MarkWest at the Delivery Point. As between the
parties, Columbia shall be solely responsible for the natural gas liquids and
all damages arising out of their extraction and handling up to the Delivery
Point, and MarkWest shall be solely responsible for those liquids, and the
handling thereof, from and after the Delivery Point.
(c) Composition of the natural gas liquids delivered to MarkWest
shall be determined by chromatographic analysis conducted by, and at the expense
of Columbia. The mass of natural gas liquids delivered to MarkWest, shall be
determined by the truck scales located at MarkWest's Siloam Fractionation Plant.
3. Term. This Agreement shall be effective upon the date hereof, and
----
shall continue in force through April 30, 2003. Thereafter, this Agreement shall
continue for successive periods of two (2) years each, until either party gives
notice of termination to the other party at least one (1) year prior to April
30, 2003, or one (1) year prior to the end of each succeeding 2-year period.
2
4. Reimbursement by MarkWest. (a) (Interim Period) During the period from
-------------------------
Acceptance of the Plant as described in 2.4(a) of the Contract for Construction
and Lease of Boldman Plant through and including thirty (30) days following
written notice from Columbia, MarkWest shall compensate Columbia in cash for all
natural gas liquids received from Columbia. The price shall be the actual spot
gas pricing for the Columbia Gulf Transmission Company (Columbia Gulf),
interconnection at the Texaco Henry Plant, Louisiana delivery point as published
weekly in Natural Gas Week, Spot Prices on Natural Gas Pipeline Systems,
----------------
Delivered-to-Pipeline ($/MMBtu), in the "This Week" column, plus one-half (1/2)
of the maximum rate specified in Columbia Gulf's ITS-1 Tariff, as such rate may
be revised from time to time, excluding retainage. This pricing will be applied
to the actual liquid deliveries in Dekatherms received and accepted by MarkWest
during the preceding week to arrive at the compensation amount.
(b) (Interim period Billing and Payment) During the interim period,
on or before the 10th day of each month, Columbia shall receive from MarkWest a
statement stating the number of gallons received from Columbia on a daily basis
during the preceding month, by product from Ethane through Hexanes plus.
Thereafter, on or before the 15th day of the same month, Columbia will submit a
statement and invoice to MarkWest indicating all amounts due under this
Agreement for the preceding month. MarkWest shall remit payment based on that
invoice by the later of (i) the 25th day of the month in which the invoice is
received by MarkWest or (ii) ten (10) days following receipt of the invoice.
(c) (Subsequent Period) Beginning at the end of the thirty-day
period specified in 4(a), above, and throughout the remainder of the term of
this Agreement, MarkWest shall reimburse Columbia for all natural gas liquids
received from Columbia by delivering to Columbia a quantity of Dekatherms
contained in the natural gas liquids received and accepted by MarkWest. The
Dekatherms in the form of natural gas shall conform to Columbia's or Columbia
Gulf's tariff gas quality specifications then in effect at the actual Delivery
Point.
(d) With respect to ethane, MarkWest shall only be obligated to
receive liquids from Columbia hereunder, representing ethane, up to a maximum of
Two and One-Half Percent (2 1/2%) of the natural gas liquids delivered by
Columbia. Should the natural gas liquids delivered hereunder contain in excess
of 2 1/2% by liquid volume ethane, then MarkWest, at its option, shall have the
right to refuse to receive deliveries of those natural gas liquids; provided,
should MarkWest accept those excess ethane liquids, it will reimburse Columbia
as provided in 4(a) or 4(c) above, as appropriate.
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(e) MarkWest shall have no obligation to reimburse Columbia for any
fuel incurred in operating the Boldman Plant.
(f) For purposes of calculating Btu's received by MarkWest
hereunder, the liquid chromatographic analysis as determined by Columbia using
the chromatograph at Boldman will be used to determine liquid product
composition by weight percent.
The amount of liquid product received by MarkWest will be determined at
MarkWest's transport scales at its Siloam Fractionation Plant and the conversion
factors listed below will be used to convert weight to liquid volume:
[Download Table]
Product Pounds Mass per Gallon
------- ---------------------
Ethane 2.9696
Propane 4.2268
Iso-butane 4.6927
Normal Butane 4.8690
Iso-Pentane 5.2082
Normal-Pentane 5.261
Hexanes+ 5.5344
The natural gas liquid products shall be deemed to contain the following amounts
of Btu's per gallon:
[Download Table]
Product Btu per Gallon
------- --------------
Ethane 69,586
Propane 90,830
Iso-butane 98917
Normal butane 102,911
Iso-Pentane 108,805
Normal pentane 110,091
Hexanes + 115,021
The factors given above will be used to convert the liquid product by component
by volume to BTU's for determining reimbursement volumes and/or compensation as
provided elsewhere in this Agreement.
5. Delivery of Natural Gas. (a) The terms and the provisions of this
-----------------------
paragraph, shall apply solely to reimbursement through deliveries of natural
gas, as set forth in Paragraph 4(c), above, for the subsequent period.
(b) The reimbursement in the form of natural gas conforming to
Columbia's (or Columbia Gulf's, as appropriate) tariff gas quality
specifications in effect at the time of such reimbursement and, as otherwise
required under this Agreement, shall be made by MarkWest to Columbia at any or
all of the receipt points specified in Exhibit "A", attached hereto and made
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a part hereof, subject to physical capability, or any other receipt points upon
which the parties agree, which agreement will not be unreasonably withheld.
(c) MarkWest shall have the right, but not the obligation, during
the term of this Agreement, to effectuate reimbursement by delivery of natural
gas required by this Agreement into the Columbia Gulf System at Rayne,
Louisiana, or at other points, subject to the physical capability of Columbia
Gulf.
(d) Measurement of the gas delivered at the receipt points as
specified in Exhibit "A" shall be computed based upon existing meters and
calorimeters located at those points. For determining the amounts of natural gas
delivered at those receipt points, all volumes shall be converted to Btu's based
upon the heating value contained in the natural gas at the receipt points
measured at standard conditions (60 degrees Fahrenheit, 14.73 psia, 14.40 psia
barometric, gross heating value dry basis).
(e) MarkWest shall be responsible for obtaining all transportation
arrangements required to deliver the natural gas to the receipt points, and
shall be responsible for all transportation costs incurred in delivering the gas
to the receipt points.
(f) Columbia shall be responsible for all costs incurred in
connection with the transportation of the natural gas from and after the receipt
points; provided, however, MarkWest shall reimburse Columbia for transportation
costs associated with the transportation of this natural gas on the Columbia
Gulf System; such reimbursement will be at the equivalent maximum rates
specified in Columbia Gulf's ITS-1 Tariff (and Columbia Gulf's ITS-2 Tariff for
deliveries upstream of Rayne, Louisiana), as such rates may be revised from time
to time. In the event Columbia Gulf is generally discounting its ITS-1 and/or
ITS-2 rates, the reimbursement rate hereunder will be reduced accordingly during
the period in which the generally available discounts are in effect. At the time
deliveries are made to Columbia Gulf by MarkWest, MarkWest shall also deliver
volumes for Colllmhia Gulf's transportation retainage, at the equivalent
percentages specified in Columbia Gulf's ITS-1 and/or ITS-2 Tariffs, as
applicable, as such percentages may be revised from time to time.
(g) It is recognized that due to operating conditions, the Btu's of
liquids received by MarkWest and the Btu's of natural gas to be delivered to
Columbia may not be in balance in any one particular month. MarkWest shall
adjust deliveries of gas within a mutually agreeable time-frame in order to
balance any excess or deficiency.
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(h) Should MarkWest fail to deliver gas consistent with the
provisions of (g), above, then Columbia, in the event of deficiency, shall have
the right to either (i) reduce deliveries of natural gas liquids to MarkWest to
the extent necessary to balance the natural gas due Columbia with the natural
gas delivered by MarkWest, or (ii) demand payment of an amount equal to the
product of the volume of gas which was required and the effective price at the
time deliveries were to have been made for Columbia Gulf Transmission Co.,
Rayne, La. delivery point, spot prices Delivered-to-Pipeline, as published
weekly in Natural Gas Week, or other mutually agreeable sources, plus the cost
----------------
of transportation which would otherwise be incurred by MarkWest in delivering
that gas to a Columbia Gas Transmission receipt point specified in this
Agreement, plus the equivalent maximum transportation rates of Columbia Gulf
specified in its ITS-1 Tariff, as such rates may be revised from time to time,
if the receipt point is on Columbia Gulf's System. If a demand for payment is
made and payment is not received within thirty (30) days of that demand,
Columbia may apply the amount owed by MarkWest against any moneys owed by
Columbia to MarkWest.
(i) For natural gas tendered by MarkWest to the Columbia Gulf
System, and which, for whatever reason, was not received by Columbia Gulf and/or
redelivered to Columbia, MarkWest shall have the right to deliver these volumes
with reasonable dispatch, over the succeeding months following Columbia Gulf's
failure to receive volumes tendered, at any or all of the receipt points
specified hereunder, subject to physical capability.
6. Unprofitability. (a) As used herein, the term "unprofitable" shall
---------------
mean that the revenues derived from the operation of the MarkWest Siloam
Fractionation Plant are less than the direct and overhead expenses incurred in
operating that Plant.
(b) During the term hereof, should the continued operation of
MarkWest's Siloam Fractionation Plant prove unprofitable, then MarkWest shall
notify Columbia in writing. Thereafter, the parties shall meet and attempt to
renegotiate the terms of this Agreement, as may be required to return the Plant
to a profitable status. In the event that the parties are unable to agree upon
renegotiated terms, within forty-five (45) days following receipt of the notice,
then MarkWest, or its successor or assignee, shall continue to honor all terms
of this Agreement from that date for a period not to exceed twelve (12) calendar
months.
7. Billing and Payment. Should any payments be required under 5(h),
-------------------
above, then on or before the 15th day of the month following the applicable
month, Columbia will submit a statement and invoice to MarkWest indicating all
amounts due under this
6
Contract for the preceding month. MarkWest shall remit payment based on that
invoice by the 25th day of the month in which the invoice is received, unless
the invoice is received by MarkWest after the 15th day of that month; in which
case, MarkWest will have an equal amount of days following the 25th day of that
month in which to remit payment.
8. Insurance and Indemnity. (a) During the terms of this Agreement,
-----------------------
MarkWest agrees that it shall carry and maintain, at its own expense, the kinds
of insurance including self-insured retentions and deductibles, and the minimum
amounts of coverage set forth in the Insurance Schedule attached as Exhibit B.
(b) Columbia shall indemnify and hold harmless MarkWest from and
against any and all loss, damage, and liability, and from any and all claims for
damages on account of or by reason of bodily injury, including death, which may
be sustained, or claimed to be sustained by any person, including the employees
of Columbia, MarkWest's General Contractor, Contractors and of any Subcontractor
or Columbia, and from and against any and all damages to property, and including
property of MarkWest, caused by or arising out of, or claimed to have been
caused by or to have arisen out of, an act or omission of Columbia or its
agents, or employees in connection with Columbia's operation of the plant or
other conduct with respect to the plant, whether or not insured against;
provided, however, that the foregoing indemnification will not cover loss,
damage or liability arising from the sole negligence or willful misconduct of
MarkWest, its agents and employees; and Columbia shall, at its own cost and
expense, defend any claim, suit, action, or proceeding, whether groundless or
not, which may be commenced against MarkWest by reason thereof or in connection
therewith, and Columbia shall pay any and all judgments which may be recovered
in any such action, claim, proceeding, or suit, following all appeals as may be
pursued by Columbia, and defray any and all expenses, including costs and
attorneys' fees, which may be incurred in or by reason of such actions, claims,
proceedings, or suits.
(c) MarkWest shall indemnify and hold harmless Columbia from and
against any and all loss, damage, and liability and from any and all claims for
damages on account of or by reason of bodily injury, including death, which may
be sustained or claimed to be sustained by any person, including the employees
of MarkWest, its General Contractor, Contractors and of any Subcontractor or
MarkWest, and from and against any and all damages to property, and including
property of Columbia, caused by or arising out of, or claimed to have been
caused by or to have arisen out of an act or omission of MarkWest or its agents,
employees, General Contractor, Contractors or Subcontractors in connection with
MarkWest's loading of plant products at the Boldman Plant or other conduct with
respect to the Boldman Plant, whether or not insured against; provided, however,
that the
7
foregoing indemnification will not cover loss, damage or liability arising from
the sole negligence or willful misconduct of Columbia, its agents and employees;
and MarkWest shall, at its own cost and expense, defend any claim, suit, action,
or proceeding whether groundless or not, which may be commenced against Columbia
by reason thereof or in connection therewith, and MarkWest shall pay any and all
judgments which may be recovered in any such action, claim, proceeding, or suit,
following all appeals as may be pursued by MarkWest, and defray any and all
expenses, including costs and attorneys' fees, which may be incurred in or by
reason of such actions, claims, proceedings, or suits.
9. Miscellaneous. (a) This Agreement may be assigned by either party
-------------
hereto with the consent of the other party, such consent should not be
unreasonably withheld, and shall be binding upon and shall inure to the benefit
of each party's successors and assigns. Any assignment by MarkWest of the
Boldman Plant shall be made expressly subject to the terms of this Agreement.
Further, no mortgage, pledge, encumbrance or assignment for security of this
Agreement by MarkWest shall be considered an assignment, and may, therefore, be
made without consent.
(b) Any notices required or permitted under this Agreement shall be
made through the U.S. Postal Service, to the following addresses:
MarkWest Hydrocarbon Partners, Ltd.
5613 DTC Parkway, Suite 400
Englewood, CO 80111
Columbia Gas Transmission Corporation
Box 1273
Charleston, WV 25325
Attention of Assistant General Counsel, Corporate Matters
(c) This Agreement shall be construed in accordance with the laws of
the State of West Virginia.
(d) Any and all disputes, claims or controversies arising from the
interpretation of this Agreement, or a party's obligations
hereunder, shall be resolved by binding arbitration conducted in
accordance with the rules of the American Arbitration
Association.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day
and year last above written.
ATTEST: COLUMBIA GAS TRANSMISSION CORPORTION
By: /s/ R. Larry Robinson
Title: President
ATTEST: MARKWEST HYDROCARBON PARTNERS, LTD.
By: MarkWest Hydrocarbon, Inc., its general partner
By: /s/ John M. Fox
Title: President
9
EXHIBIT "A"
To That Certain Natural Gas Liquids Purchase Agreement (Boldman Plant) by
and Between Columbia Gas Transmission Corporation and MarkWest Energy Partners,
Ltd.
[Download Table]
RECEIPT POINTS
FROM AT COUNTY AND STATE
---- -- ----------------
(COMMON NAME)
-------------
Panhandle Eastern Maumee Lucas Co., Ohio
Pipeline Co.
Tennessee Gas Broad Run Kanawha Co., WV
Pipeline Co. Unionville Beaver Co., PA
Texas Eastern Lebanon Warren Co., Ohio
Transmission Corp. Hooker Fairfield Co., OH
Eagle Chester Co., PA
Pennsburg, Exc. Bucks Co., PA
Texas Gas Lebanon Warren Co., Ohio
Transmission Corp.
Transcontinental Dranesville Fairfax Co., VA
Gas Pipeline Corp. Rockville Montgomery Co., MD
Downington Chester Co., PA
Columbia Gulf Leach Boyd Co. KY
Additionally, Columbia Gulf Transmission Company's Rayne,Louisiana, facilities
and any other points, subject to physical capability, on the Columbia Gulf
System shall be receipt points under this Agreement.
10
EXHIBIT B
As required and for the purposes specified in Paragraph 8 of the Contract
to which this Exhibit is attached, MarkWest shall carry and maintain, at its own
expense, the kinds of insurance, including self-insured retentions and
deductibles, and the minimum amounts of coverage set forth in the insurance
schedule below:
Insurance Endorsements or Certifications. MarkWest shall obtain
----------------------------------------
endorsements (or assurances on the Certificate of Insurance) on every insurance
contract (except for Workers' Compensation insurance contract, as required by
law) carried to comply with this article as follows:
(1) An endorsement or certification of contractual liability coverage
insuring performance of the indemnification of Columbia by MarkWest.
(2) All insurance policies carried by MarkWest to comply with the
requirements herein shall contain an endorsement or certification
naming Columbia as an additional insured under the insurance contract.
(3) All insurance policies shall contain a waiver of subrogation as to
Columbia, its agents, officials, parents, directors, officers and
employees.
Coverage
--------
Coverage in Markwest's insurance policies shall be as specified in this
clause unless modified in writing by Columbia.
(1) Worker's Compensation
---------------------
Statutory coverage, including occupational disease if and as required
in a separate act. Coverage should also include:
(a) An all-states endorsement.
(b) Employer's Liability Coverage B $500,000.
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[Download Table]
(2) Comprehensive General Combined Single Limit
--------------------- ---------------------
Liability Insurance
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Bodily injury and
Including Pollution Liability Property Damage:
(limited to Sudden & $1,000,000
Accidental Occurrences Each occurrence
only) Premises & (Excluding automobile)
Operations Owners and Annual Aggregate:
MarkWest's Protective for $1,000,000
Columbia, Blanket
Contractual, Completed
Operations, Broadform
Property Damage, Stop
Gap Coverage for Workers'
Compensation
Monopolistic states and, if
applicable, Product
Liability. (The Contractual
Section of the coverage
must cover the specific and
contractual agreement
being entered into.)
The policy shall contain a severability of interest clause or a cross-liability
endorsement. Coverage shall expressly include damage resulting from fire,
explosion, injury or destruction of property below the surface or any injury or
loss resulting therefrom, excavating, pile driving, moving shoring, or
underpinning of any structures, or use of equipment for the purpose of
excavating or drilling in streets or elsewhere. Coverage shall be provided by
MarkWest for any and all necessary or required blasting and explosion hazards,
including coverage for underground and collapse.
Personal Injury
---------------
Personal injury coverage shall be provided for the above coverages with limits
of liability as stated. The fellow employees and contractual liability
exclusions are to be deleted.
Automobile Liability Insurance Combined Single Limit
------------------------------ ---------------------
Including owned, non-owned, Bodily Injury: $1,000,000
and hired vehicles. Property Damage: $1,000,000
MarkWest shall also comply with all applicable No-Fault Laws.
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(4) Umbrella Liability Insurance
----------------------------
Umbrella liability coverage in the amount of $5,000,000 combined
single limit, bodily injury and property damage. This coverage shall
be in excess of the primary coverage required in all other sections of
this article.
(5) Cancellation or Non-Renewal Agreement
-------------------------------------
Company will be furnished at least 30 days prior notice of any non-
renewal and/or cancellation and/or reduction in limits of material
change in any of the required coverages.
Proof of Coverage
-----------------
MarkWest must furnish not later than the time of signing of this contract,
properly executed certificates of insurance and, if requested, shall furnish
Columbia with copies of the policies with all endorsements prior to the
commencement of any work hereunder.
13
AMENDMENT TO NATURAL GAS LIQUIDS PURCHASE AGREEMENT (BOLDMAN PLANT)
THIS AMENDMENT made and entered into this 28th day of January, 1991, by and
between COLUMBIA GAS TRANSMISSION CORPORATION, herein called "Columbia" and
MARKWEST HYDROCARBON PARTNES, LTD., herein called "MarkWest."
RECITALS:
A. MarkWest and Columbia entered into a Natural Gas Liquids Purchase
Agreement, dated December 24, 1990 ("Agreement").
B. In accordance with the intentions and understandings of the parties,
MarkWest and Columbia desire to enter into this Amendment.
NOW THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the parties agree to amend the Agreement as follows:
1. Section 4, Paragraph (a) shall be amended by deleting the phrase "one-
half (1/2) of the maximum rate specified in Columbia Gulf's ITS-1 Tariff, as
such rate may be revised from time to time, excluding retainage" and replacing
it with "additional compensation of $0.04 per MMBtu."
2. Except for the foregoing, all other terms and provisions of the Natural
Gas Liquids Purchase Agreement, dated December 24, 1990 shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment the day and
year first above written.
COLUMBIA GAS TRANSMISSION CORPORATION
By: /s/ Michael W.
Its Senior Vice President
MARKWEST HYDROCARBON PARTNERS, LTD.
By: MarkWest Hydrocarbon, Inc.
Its General Partner
By: /s/ John M. Fox
Its President
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Dates Referenced Herein
| Referenced-On Page |
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| This ‘S-1’ Filing | | Date | | First | | Last | | | Other Filings |
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| |  |
| | 4/30/03 | | 2 | | | | | None on these Dates |
| Filed on: | | 8/2/96 |
| List all Filings |
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