On February 04, 2013 a
Exhibit,Appendix
was filed
involving a dispute between
Sun Coast Resources Inc,
and
Plains Marketing L P,
for BREACH OF CONTRACT
in the District Court of Harris County.
Preview
EXHIBIT CExhjait#
Date: {= 39" (3 _
Linda Raybura, CSR, APR, CLA
First Amendment to Transportation Agreement
Contract #545264v1-C-2344 (L8219)
This is the First Amendment (“First Amendment”) to the Transportation Agreement (the “Agreement”)
between PLAINS MARKETING, L.P. (“PLAINS”) and SUN COAST RESOURCES, INC. (“CARRIER”) Is made and
entered Into by and between the Parties.
WHEREAS PLAINS and CARRIER wish to clarify the pricing structure and scope of ongoing operations In
Oklahoma related to the full utllization of twenty (20) trucks, two (2} shifts per day, seven (7) days per
week, This First Amendment is Intended to provide specificity as to calculations and methodologles to
be applied to the Agreement, dated March 1, 2012.
THEREFORE PLAINS and CARRIER hereby amend Section 5 of the Agreement to Include the following
clarifications:
Freight Mlles (“Freight Miles”) means the distance traveled between the origination or loading
point and the destination or unloading polnt. Originations or loading points and destination or
unloading points are provided by PLAINS to CARRIER. Freight Miles are billed in accordance with
the Freight Rates provided In Exhibit B to the Agreement dated March 1, 2012.
Deadhead Miles ("Deadhead Miles”) means the excess, If any, of (I) total miles driven per driver
shift over (ii) total round-trip frelght miles billed during such shift. See Exhibit A for example
deadhead mile calculations. Each Deadhead Mile is billed at a rate of $2.00 per mile,
Stand-by Time (“Stand-by Time”) means hours for which drivers are not dispatched but are
required to remain at, near, or able to be dispatched when requested to do so. For driver shifts
in which a minimum of one load was dispatched and delivered, Stand-by Time shall exclude a
combined total of thirty (30) minutes per driver shift for pre and post-trip Inspection time. For
driver shifts In which no toads are dispatched and delivered, all driver shift time will be
considered Stand-by Time. Stand-by Time is billed at $85.00 per hour.
(N WITNESS WHEREOF, this First Amendment Is executed,accepted and agreed to by PLAINS and
CARRIER, effective March 1, 2012,
PLAINS MARKETING, LP. SUN COAST RESOURCES, INC.
BY Plains prkating GP Inc,
Its Genert) ‘artner
Name: EY
Al Title:
QMFirst Amendment to Transportation Agreement
EXHIBIT A
Contract #545264v1-C-2344 (8219)
TOTAL TAIP MILEAGE
TRAMLER OATE
BEGIN | _ ENO
1520 6012 S782 ‘$2908
Total Shift Mites 126
Total Loaded/Freight Males Bited 60
Total Loaded/Freignt Miles Billed x 2 (320)
DeadHead Miles é
‘TOTAL TAP MILEAGE
TRAILER Date
ercin_[_eNo
1567 6/1/2012 268656739
Total tuft Miles 4
Toral Loadea/treight wiles Bled 96
: Total Losded/Freighit Miles Billed x2 (292)
Deauiiead Miles 2
Tanen pax TOTAL TRIP MILEAGE
: BEGIN | END
1566 6/4/2012, ‘STi a1669
Total Shift Miles . 8
‘Total Loaded/Freight Milles GiHed ze" 6s
Total Londed/Freight Miles Bled x2 * . (130)
DeadHead Mites, - 4 =
TOTAL TAIP MILEAGE
TRAILER OATE -
BEGIN | END
1616 6/2/2032 4955549773,
Total shift Waites 218
Total Loaded/Freight Miles Oiled 104
‘Totot Loaded/Freight Miles Glad x 2 (208)
Deaditesd Miles ‘ 10
Document Filed Date
January 16, 2018
Case Filing Date
February 04, 2013
Category
BREACH OF CONTRACT
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