Exhibit 10.1
| Amendment to Agreement | ||
| No. 9600048977 |
Confidential portions of this exhibit have been omitted and filed separately with the Securities and Exchange Commission under a confidential treatment request. The redacted terms have been marked in this exhibit at the appropriate place with “XXX”.
Fourth Amendment to the Proppant Supply Agreement
This Fourth Amendment to the Proppant Supply Agreement is entered into as May 15, 2015 (the “Effective Date”), by and between Halliburton Energy Services, Inc. (“Halliburton”) and Carbo Ceramics (“Seller”).
WITNESSETH:
WHEREAS, Halliburton and Seller entered into a Proppant Supply Agreement dated August 28th 2008 (“Agreement”);
WHEREAS, Halliburton and Seller wish to amend the Agreement to reflect certain changes as set forth herein.
NOW, THEREFORE, in consideration of the premises, the terms and conditions stated herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto hereby agree as follows:
| 1. | New Exhibit F to the Agreement. The following is added and incorporated by this reference to the Agreement new Exhibit F - Carbo Ceramics – North America Detention and Demurrage accessorial |
Except as otherwise expressly modified or amended herein, all terms and conditions contained in the Agreement shall remain in full force and effect and shall not be altered or changed by this Amendment. The Agreement, as amended by this Fourth Amendment, shall constitute the entire agreement of the parties. All references to Sections in the Fourth Amendment correspond to Sections contained in the Agreement unless otherwise expressly stated.
IN WITNESS WHEREOF, Seller and Halliburton have caused this Fourth Amendment to be duly executed by their authorized representatives as of the Effective Date.
| Halliburton Energy Services, Inc. | Carbo Ceramics | |
| Signature: /s/ Paul Hanks | Signature: /s/ Ernesto Bautista III | |
| Printed Name: Paul Hanks | Printed Name: Ernesto Bautista III | |
| Title: Logistics Director | Title: Chief Financial Officer | |
| Date: September 25, 2015 | Date: September 24, 2015 | |
Exhibit F Detention
Effective May 15, 2015, Halliburton and Carbo Ceramics agree to the fixed Detention fee of:
Accessorial | Definition | Method | Rate | Notes | Approval Required | |||||
| Trucking Detention | Detention is the number of billable hours a truck is detained beyond allowed free time. | Per Hour | $XXX in the south region and $XXX in the North Region | In North America, after the first XXX hours at unloading site, Detention will be paid at $XXX per hour in the south and $XXX in the North. Time spent unloading must be noted and verified by location. Once a truck has accumulated XXX hours of demurrage at unloading site, CARBO will notify Halliburton’s logistics department by email or telephone. | YES Halliburton | |||||
| Rail Demurrage | Demurrage is a fee charged for the extended use or storage of rail cars | Per Day | $XXX | XXX | YES Halliburton | |||||
| Halliburton Energy Services, Inc. | Carbo Ceramics | |
| Signature: /s/ Paul Hanks | Signature: /s/ Ernesto Bautista III | |
| Printed Name: Paul Hanks | Printed Name: Ernesto Bautista III | |
| Title: Logistics Director | Title: Chief Financial Officer | |
| Date: September 25, 2015 | Date: September 24, 2015 | |