THIS AMENDMENT (this “Amendment”), dated as of _______ __, 201X, and is made to that certain Agreement for the Provision of Response Resources (the “Agreement”) for tank vessels, dated , between National Response Corporation, Inc., a Delaware corporation (the “Provider”), and a corporation (the “Client”). Separately, the Provider or the Client may be referred to as “Party” and together as “Parties”.
WHEREAS, in connection with the enforcement of the new Alternative Technology revisions to the Final Rule, 33 CFR parts 154 and 155, the Provider and the Client desire to amend the Agreement in order to account for the revisions and,
WHEREAS, the client desires to not sign the Alternatives Technology Amendment, but still wants dispersant services.
NOW THEREFORE, in consideration of the mutual agreements, representations, warranties, covenants and agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of all of which are hereby acknowledged, the Parties hereto agree to the following modifications to the Agreement:
1. Interpretation. Clause 1.1 shall be amended by the inclusion of: Alternative Technology Services shall mean only the provision of the alternative response technologies of dispersants authorized for use pursuant to 40 CFR 300.910 and aerial tracking.”
2. Provider’s Obligations. Subsection 2.1(a) is amended by adding “including, the alternative response technologies authorized for use pursuant to 40 CFR 300.910 and aerial tracking” following the words “Response Resources.”
4. Basic Compensation. Subsection 4.1 is amended by adding “amendment release premium," following the words “The Basic Compensation to be paid to the Provider in the form of”
IN WITNESS WHEREOF, the Parties hereto have duly executed this Amendment on the date first written above.