AMENDMENT TO 1973 SALES CONTRACT
This Amendment to the 1973 LNG Sales Contract dated as of the
3rd day of December, 1973, amended by Amendment No. 1 dated as of
the 31st day of August, 1976, and amended and restated as of the
1st day of January, 1990 ("1973 LNG Sales Contract"), is entered
into as of the 1st day of June, 1992 by and between PERUSAHAAN
PERTAMBANGAN MINYAK DAN GAS BUMI NEGARA ("Pertamina"), a state
enterprise of the Republic of Indonesia ("Seller"), on the one
hand, and KYUSHU ELECTRIC POWER CO., INC. ("Kyushu Electric"),
NIPPON STEEL CORPORATION ("Nippon Steel"), and TOHO GAS CO., LTD.
("Toho Gas"), all corporations organized and existing under the
laws of Japan, on the other hand.
WITNESSETH:
WHEREAS:
1) The 1973 LNG Sales Contract is between Seller and six Buyers,
namely CHUBU ELECTRIC POWER CO., INC. THE KANSAI ELECTRIC POWER
CO., INC., KYUSHU ELECTRIC POWER CO., INC., NIPPON STEEL
CORPORATION, OSAKA GAS CO., LTD., and TOHO GAS CO., LTD.
(referred to individually as "Buyer" and collectively as
"Buyers"), and
2) Kyushu Electric, Nippon Steel, and Toho Gas now wish to
purchase additional quantities of LNG as reflected in paragraph
1 below and Seller is willing to sell such additional
quantities.
NOW, THEREFORE, Seller and Kyushu Electric, Nippon Steel and Toho
Gas each hereby agree to the following amendment to the 1973 LNG
Sales Contract:
1. The table set forth in Section 7.1 (a) of the 1973 LNG Sales
Contract is revised to add 80,435 billion BTU's for Kyushu
Electric in 1999, 28,066 billion BTU's for Nippon Steel in 1998
and 1999, and 2,940 billion BTU's for Toho Gas in 1999, and as
so revised shall read as follows:
CALENDAR FIXED QUANTITY FIXED QUANTITIES FOR EACH BUYER
YEAR PERIOD (Billions of BTU'S)
______________________________________________________________________________
___________________________
CHUBU KANSAI KYUSHU NIPPON OSAKA TOHO
TOTAL
ELECTRIC ELECTRIC ELECTRIC STEEL GAS GAS
1977 Oct. 18 - Dec. 31 6,079.70 1,957.78 1,641.03 1,547.77 7,061.48 -
18,307.76
1978 Full Year 54,792 29,389 37,149 29,387 39,741 -
190.456
1979 Full Year 71,650 67,459 69,063 30,293 45,801 -
284.26
1980 Full Year 87,645 106,520 77,516 31,004 54,260 -
359,149
1981 Full Year 87,850 124,023 77,515 31,006 59,427 -
379,821
1982 Full Year 87,850 124,023 77,515 31,006 67,179 -
387,573
1983 Full Year 117,050 141,543 83,355 31,006 67,179 -
440.133
1984-1986 Each Full Year 117,050 132,783 86,275 31,006 67,179 -
434,293
1987-1997 Each Full Year 111,210 132,783 80,435 28,066 67,179 2,940
422,613
1998 Full Year 111,210 132,783 80,435 28,066 67,179 2,940
422,613
1999 Full Year 111,210 132,783 80,435 28,066 67,179 2,940
422,613
2. In all other respects, the 1973 LNG Sales Contract shall
continue in effect and the quantities added under paragraph 1
above shall be Fixed Quantities under the 1973 LNG Sales
Contract and treated on an equal basis with other Fixed
Quantities.
3. All words and expressions used in this Amendment as defined
terms shall bear the same meaning as ascribed thereto in the
1973 LNG Sales Contract.
4. This Amendment is executed in seven (7) identical
counterparts, each of which shall have the force and dignity of
an original, and all of which shall constitute but one and the
same Amendment.
IN WITNESS WHEREOF, each of the parties has caused this
Amendment to
be duly executed and signed by its duly authorized officer as of
June 1, 1992.
SELLER: BUYERS:
PERUSAHAAN PERTAMBANGAN KYUSHU ELECTRIC POWER CO., INC.
MINYAK DAN GAS BUMI
NEGARA (PERTAMINA)
BY /s/ BY /s/
Name: F. ABDA'OE
Title: President Director
NIPPON STEEL CORPORATION
BY /s/
TOHO GAS CO., LTD.
BY /s/
EACH OF THE FOLLOWING WITNESS:
AGREES WITH AND CONSENTS
TO THIS AMENDMENT:
CHUBU ELECTRIC POWER CO., INC. JAPAN INDONESIA LNG CO., LTD.
BY /s/ BY /s/
THE KANSAI ELECTRIC POWER CO., INC. NISSHO IWAI CORPORATION
BY /s/ BY /s/
OSAKA GAS CO., LTD.
BY /s/