AMENDMENT TO LEASE
This Amendment to Lease (this “Amendment”) is entered into as of January 30, 2018, by and between LCP Oregon Holdings, LLC, Delaware limited liability company (“Lessor”), and Zenith Energy Terminals Holdings LLC f/k/a Arc Terminals Holdings LLC, a Delaware limited liability company (“Lessee” and, together with Lessor, the “Parties”).
WHEREAS, the Parties entered into that certain Lease, dated January 21, 2014 (the “Lease”); and
WHEREAS, the Parties desire to amend the Lease in accordance with the terms and conditions of this Amendment.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
1. Defined Terms. All capitalized terms used but not defined herein have the meanings ascribed to them in the Lease.
2. Amendment to Section 25.5(a) of the Lease. The phrase in the first sentence of Section 25.5(a) that reads “the fifth (5th) anniversary of the first day of the month following the month in which the Effective Date occurs” is hereby deleted and replaced in its entirety with “August 1, 2019.”
3. Miscellaneous.
(a)Except as otherwise expressly provided in this Amendment, the Lease will remain in full force and effect in accordance with its terms.
(b)This Amendment shall be binding upon, inure to the benefit of and be enforceable by the Parties and their successors and assigns. No other person shall be entitled to claim any right or benefit hereunder, including the status of a third-party beneficiary of this Amendment.
(c)Except as expressly set forth herein, there are no agreements or understandings, written or oral, among the Parties relating to this Amendment that are not fully and completely set forth herein or therein.
(d)This Amendment may be executed in any number of counterparts and by different parties to this Amendment on separate counterparts, each of which, when so executed, shall be deemed an original, but all such counterparts shall constitute one and the same agreement. Any signature delivered by a party by facsimile or e-mail transmission shall be deemed to be an original signature hereto.
[Signature page follows.]
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed as of the date first above written.
LESSOR
LCP Oregon Holdings, LLC,
a Delaware limited liability company
By: /s/ Richard C. Kreul
Name: Richard C. Kreul
Title: President
LESSEE
Zenith Energy Terminals Holdings LLC,
a Delaware limited liability company
By: /s/ Jeff Armstrong
Name: Jeff Armstrong
Title: CEO