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  • SUN COAST RESOURCES INC vs. PLAINS MARKETING L P BREACH OF CONTRACT document preview
  • SUN COAST RESOURCES INC vs. PLAINS MARKETING L P BREACH OF CONTRACT document preview
  • SUN COAST RESOURCES INC vs. PLAINS MARKETING L P BREACH OF CONTRACT document preview
						
                                

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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