Exhibit 4.39
CERTAIN MATERIAL (INDICATED BY THREE ASTERISKS) HAS BEEN OMITTED FROM THIS DOCUMENT PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT. THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
Amendment I to the
STORAGE CONTRACT
No: Amendment 1 to Storage Contract number VITOLFO-ETT-2014-01
Dated: 3 January 2015
Euro Tank Terminal BV
PO BOX 1000
3180 AA Rozenburg
The Netherlands
Vitol SA.
Boulevard du Pont d’Arve 28
1205 Geneva
Switzerland
| | 1. | The Company and Principal are parties to a Storage Contract dated 01-10-2014 bearing Contract number VITOLFO-ETT-2014-01 pursuant to which the Company is required to provide the Principal storage services for Products at the Terminal. |
| | 2. | The Company and Principal have agreed to amend and increase the Contractual capacity, as stated in article Clause 6 of the Storage Contract. The Terms and Conditions of the increase of the Contractual capacity have been mutually agreed within e-mail correspondence between the Company and Principal on 29-12-2014. |
| | 3. | For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Company and Principal now wish to amend the Storage Contract no. VITOLFO-ETT-2014-01 in accordance with this Amendment I. |
| *** | Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. |
With effect from the date of this Amendment I, the Company and Principal agree to the amendments set out in this Clause 5:
| A. | Amend and increase Contractual capacity, article Clause 6: |
5.1.1. Amend Contractual capacity:
Include tank 08 from 01-01-2015.
Details tank 06:
| | |
• Contractual capacity: | | 62.390 M3 |
| |
• Nett capacity: | | 61.638 M3 |
| |
• Roof Type: | | Fixed |
| |
• Product: | | FO |
| |
• Min flash: | | > 55 |
| B. | Tank rental rate, article Clause 9 a, for this tank 08 will be increased to € [***] for the first [***] months, expressed in cubic meter (M3) per contractual capacity per month or part thereof, from [***]. Tank rental rate, article Clause 9 a, for this tank 08 will again be increased to € [***] for the remaining [***] months, expressed in cubic meter (M3) per contractual capacity per month or part thereof, from [***]. |
| VI. | SAVE TO THE EXTENT AMENDED BY THIS AMENDMENT I, ALL TERMS AND CONDITIONS OF THE STORAGE CONTRACT REMAIN IN FULL FORCE AND EFFECT. THIS AMENDMENT I MAY BE EXECUTED IN COUNTERPARTS. CLAUSES 20 AND 21 OF THE STORAGE CONTRACT SHALL APPLY MUTATIS MUTANDIS TO THIS AMENDMENT I AS IF REFERENCES THEREIN TO THE “CONTRACT” WERE TO THIS AMENDMENT I. ALL CAPITALIZED TERMS HEREIN SHALL BEAR THE SAME MEANINGS AS THE STORAGE CONTRACT UNLESS OTHERWISE STATED. |
– End of Amendment I –
IN WITNESS WHEREOF the Principal and the Company have caused this Amendment I to be executed by their duly authorized representatives, as of the date first above written.
| | | | |
| Euro Tank Terminal B.V. | | | | Vitol S.A. |
| | |
/s/ Jack de Moel | | | | /s/ Roland J. Favre |
| | |
| Authorised Signatory | | | | Authorised Signatory |
| Name: Jack de Moel | | | | Name: Roland J. Favre |
| Designation: General Manager | | | | Designation: Director |
| Date: 5 January 2015 | | | | Date: 5 January 2015 |
| *** | Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. |
