exhibit43119eta20150101v







Exhibit 4.31      CERTAIN MATERIAL (INDICATED BY THREE ASTERISKS) HAS BEEN OMITTED FROM THIS   DOCUMENT PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT. THE OMITTED   MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE   COMMISSION.   ETA  and Vitol S.A.   Term Storage Agreement            *** Certain information in this document has been omitted and filed separately with the Securities and Exchange   Commission. Confidential treatment has been requested with respect to the omitted portions.         Term Storage Agreement    Between   Euro Tank Amsterdam B.V. and Vitol S.A. (“Agreement”)      1. Agreement number      No.:   VITOLMD-ETA-2015-01   Effective Date: 1 January 2015        2. This Agreement is made by and between       Eurotank Amsterdam B.V. a private company with limited liability (besloten vennootschap met   beperkte aansprakelijkheid) incorporated in the Netherlands and having its registered office at   Van Riebeeckhavenweg 9, 1041 AD, Amsterdam, the Netherlands  (the “Company”);      and       Vitol S.A. a private company with limited liability, incorporated in Switzerland and having its   registered office at Boulevard du Pont-d’Arve 28, 1211 Geneva 4, Switzerland (the “Client”).      The Client and the Company may be referred to herein individually as a “Party” and collectively   as the “Parties”.        Whereas        a. The Company owns and operates the Terminal and is able to provide storage, handling   and other terminal services at the Terminal;      b. The Client wishes to store its products at the Terminal and receive certain services and   access to specific infrastructure at the given capacities;      c. The Parties intend to set forth the terms and conditions for the services in this Agreement.           





 







  ETA  and Vitol S.A.   Term Storage Agreement                  *** Certain information in this document has been omitted and filed separately with the Securities and Exchange   Commission. Confidential treatment has been requested with respect to the omitted portions.   2   NOW, THEREFORE, in consideration of the mutual promises herein contained, Parties agree   as follows:   3. Storage Location        The terminal is located in the Port of Amsterdam, Van Riebeeckhavenweg 9, 1041 AD,   Amsterdam, the Netherlands (“Terminal”)      4. Storage Period:       Duration: Six (6) months      Start Date: 1 January 2015   End Date: 30 June 2015      4.1 This Agreement shall enter into force on the Start Date as mentioned above and shall continue   for a duration of six (6) months until the End Date as mentioned above.     At the expiry of this period the Client shall have first right to the contracted capacity. three (3)   months prior to expiry both Parties shall negotiate the terms and conditions for a contract   renewal for a period to be mutually agreed upon. The agreement for a contract renewal needs to   be reached at least one (1) months prior to the End Date.      5. Product      5.1 Parties agree to handle gasoil. The Client shall provide the Company with the (M)SDS, REACH   number and the products specifications as stipulated in Appendix 2 and Article 10, prior to the   each delivery to the Terminal. The Products will be delivered into parcels of minimum 1000 Mt   each.       5.2 Client ensures to comply with the provisions of the European Regulation number 1907/2006 of   18 December 2006, as amended from time to time with regards to the Registration, Evaluation,   Authorisation and Restriction of Chemical substances (“REACH Regulation”) and shall provide   the Company with the necessary information related to such compliance and the Product.       6. Contractual Capacity      The Company shall provide to the Client a decreasing storage capacity. Mutually has been   agreed to decrease the capacity to approx. 230k cbm by 31 March 2015 and to approx. 170k   cbm by latest 30 June 2015  (“Contractual Capacity”).      





 







  ETA  and Vitol S.A.   Term Storage Agreement                  *** Certain information in this document has been omitted and filed separately with the Securities and Exchange   Commission. Confidential treatment has been requested with respect to the omitted portions.   3            Products will be stored on a dedicated basis, with following plan to decrease      Tank Contractual   Capacity (m3)   Nett   capacity   (m3)   Roof   Type   Min   flash   31 mar ’15 30 April ’15 –   30 June’15   C0001 5.025 4.854 CR >55     C0006 4.968 4.799 CR >55     C0007 4.890 4.724 CR >55     C0008 5.016 4.896 CR >55     C0050 6.030 5.837 CR >55 Y    C0051 6.023 5.818 CR >55 Y    C0055 6.005 5.819 CR >55 Y    C0062 2.005 1.921 CR >55  Y   C0063 2.009 1.925 CR >55  Y   C0064 5.041 4.885 CR >55  Y   C0065 2.001 1.941 CR >55  Y   C0101 6.340 6.150 CR >55 Y Y   C0108 6.288 6.112 CR >55 Y Y   C0109 6.266 6.059 CR >55 Y Y   C0111 6.317 6.115 CR >55 Y Y   C0114 16.624 16.225 CR >55 Y Y   C0115 16.650 16.200 CR >55 Y Y   C0116 16.695 16.328 CR >55 Y Y   C0117 16.695 16.278 CR >55 Y Y   C0142 6.409 6.210 CR >55 Y    C0143 6.361 6.132 CR >55 Y    C0152 548 541 CR >55 Y Y   C0171 21.902 19.712 FR >21 Y Y   C0172 21.638 19.236 FR >21 Y Y   C0173 21.892 19.659 FR >21 Y Y   C0901 20.390 19.778 CR >55 Y    C0902 20.450 19.857 CR >55 Y    TOTAL   Approx.   260k      Approx.   230k 170,625      Approx.   170k      The tanks are Class 3, meaning suitable for handling of a product with a flashpoint >55°c. Except for   tanks C0171, C0172, C0173, these tanks are Class 2 (flashpoint >21 degrees)           





 







  ETA  and Vitol S.A.   Term Storage Agreement                  *** Certain information in this document has been omitted and filed separately with the Securities and Exchange   Commission. Confidential treatment has been requested with respect to the omitted portions.   4         7. Means of Delivery      Receipt of Product:  ex-seagoing vessel, barge or pumping over          Re-delivery of Product:  into seagoing vessel, barge or pumping over       8. Rates (expressed in Euro) – applicable for this Agreement only.       a. Tank rental           ***         Expressed in cubic meter (M3) per Contractual Capacity per month or part thereof.    Tank rental rate shall include:   - Delivery from seagoing vessel or barge (min. parcel size 500 Mt)   - Redelivery into seagoing vessel or barge (min. parcel size 500 Mt)   - Storage during the Storage Period    - Standard customs documentation on vessels/barges departure at the Terminal   - *** free throughputs in M3 for a period of *** (calculated as 1 import and export of the nett tank   capacity)   - *** free pumping over within these contractual tanks in M3 contractual capacity per period of ***    Throughput means total volume delivered ex barge/vessel into tank plus total volume   redelivered ex tank into barge/vessel, divided by two (2).       b. Additional Throughput Surcharge             Throughput over *** times        ***   Throughput over *** times        ***   Throughput over *** times        ***      Charged on the difference, expressed in M3 at 15°c, between the actual    throughput per year and the free throughput mentioned in Paragraph a), per M3.         c. Pumpover Surcharge           Throughput over *** times        ***   Throughput over *** times        ***   Per M3 at 15°c pumped over from shoretank to shoretank within the Terminal.    A minimum charge based on *** m3 per operation shall apply.    Pumpover surcharge is not included as part of the tank throughput.           





 







  ETA  and Vitol S.A.   Term Storage Agreement                  *** Certain information in this document has been omitted and filed separately with the Securities and Exchange   Commission. Confidential treatment has been requested with respect to the omitted portions.   5        d. Circulation Surcharge per hour (in shore tank)               ***   Charged for the use of mixers or air-spiders or pump around.        e. Board-to-board Surcharge        ***   Minimum quantity of *** M3 per parcel, per M3 at 15°c.   Board-to-board surcharge is not included as part of the tank throughput.       f. Additional Services (per document)       ***   Supply of Certificate of Origin (not counter-signed by Chamber of Commerce),    EUR1, Form A, INF3, ATR   Signed by Chamber of Commerce       ***      g. Water on Board   In case water is found on board or in tank after discharge, water can be drained, removed and   disposed of at the cost charged by the contractor with a surcharge of ***% for coordination,   handling and administration costs. Decision to be made jointly following agreement by the Client   for this activity.      h. Handling of additives            Expressed in Euros per operation.    Delivery, receipt and operation of additives shall take place after informing   the Terminal, Terminal’s acceptance shall not be unreasonably withheld.          <1 IBC*              ***   1-15 IBC’s          ***   16-60 IBC’s          ***   >60 IBC’s          ***       In case the Client will dope the cargo with additives on board the vessel or barge, the above will   not be applicable.      * Rate applicable for adding an additive quantity less than one (1) IBC and when added to a   barge only.      All rates exclude:   VAT and any other taxes, levies, fees, quay dues, port charges, and any other    third party fees such as, but not limited to, the Port Authority, Customs, ship’s    representative and cargo representative. The Company will invoice these fees    to the Client on *** basis without any mark-up or fee charged by the Company.        





 







  ETA  and Vitol S.A.   Term Storage Agreement                  *** Certain information in this document has been omitted and filed separately with the Securities and Exchange   Commission. Confidential treatment has been requested with respect to the omitted portions.   6   9. Terms of Operation      Product movement planning including quality and quantity must be clearly identified and   detailed by the Client in writing and in advance to the Company for execution. The Company   shall not be responsible for any effect of Product movement planning whatsoever. In   implementing the Product movement planning, the Company shall follow the instructions of the   Client, but the Client should always observe and consider the quality and quantity   requirements of tank heels bottoms i.e. ROB.         10. Product Acceptance procedure      Upon nomination of a vessel/barge for a discharge operation, the Client shall provide actual   specifications of the cargo on board prior to the vessel/barge’s arrival. The aforementioned   certificate should always contain at least the following:       Density    Colour*    Sulphur    Conductivity    Pour Point **    Viscosity      The Product shall meet all of the following criteria:      Specification Max/Min Method   Flash Point Min 55°C    Viscosity Max 20 CST @ 40 °C    Pour Point Max 0°c (>0 °c will be reviewed on   case by case basis as per ambient   temperature)         If the Terminal requests all or any of the abovementioned specifications and is not properly   informed by the Client, the Terminal shall have the right to refuse discharge. If the Product does   not meet the abovementioned specification, the Company shall have the right to refuse discharge.      * If colour is > 2.5 Client shall provide material with which lines can be flushed.   **If pour point > 0°c the Client and the Company will agree a flush procedure ensuring that the   lines and tanks fall within the above contractual specification parameters.          The Terminal shall also be informed of SDS and REACH number for each delivery of the Product   prior to its discharge.              





 







  ETA  and Vitol S.A.   Term Storage Agreement                  *** Certain information in this document has been omitted and filed separately with the Securities and Exchange   Commission. Confidential treatment has been requested with respect to the omitted portions.   7   11. Tank Cleaning   The Company undertakes that the Tanks will be clean and prepared for the Products prior to the   Firm Start Dates. In accordance with Article 15 of the VOTOB, the Client shall clean the tanks prior   to the expiry date of the Agreement. If the Client omits to clean the tanks, the Company shall   appoint a cleaning company to clean the tanks on the risk and account of the Client. Any costs   involved in cleaning the tanks in preparation for the next service (i.e. suitable for gasoil or gasoline   or other products as indicated by the Company) and the disposal of wastes if any are to the   Client’s account. The Client shall empty the tank on the date as requested by the Company; i.e.   date based on the required time for cleaning before expiration of the Agreement. The Company   shall appoint an independent surveyor to determine whether the tank is clean and suitable for the   next service. In the event the tank is not approved by the independent surveyor, Client shall clean   the tank over until approved. Tank rental rate under article 8.a. shall proceed until the independent   surveyor appointed by the Company has approved the tank for the next service. A copy invoice of   the cleaning company will be attached to Company’s invoice with a surcharge of ***% for   coordination and administration costs.         12. Maintenance      The Company will schedule its annual maintenance to the tanks prior to the start of each   calendar year. The Company reserves the right to perform unplanned maintenance for   immediate action for safety or environmental reasons or for other urgent reasons the Company   deems necessary. The Client shall pay *** of the Tank rental fees in respect of tanks undergoing   maintenance.         13. Contractual Loss       Contractual loss during operations and storage will be actual loss as determined after unloading   and loading operations on basis of the shore tanks gauging. Any Product losses will be to the   account of the Client.      Any complaint in respect of deficiency of quantity or of variation of quality must be notified in   writing by the claiming Party within thirty (30) days from the day at which such deficiency or   variation is discovered.           





 







  ETA  and Vitol S.A.   Term Storage Agreement                  *** Certain information in this document has been omitted and filed separately with the Securities and Exchange   Commission. Confidential treatment has been requested with respect to the omitted portions.   8   14. Rules of Engagement      The Client agrees and acknowledges the Rules of Engagement of the Terminal as specified in   the following appendices:       Terminal details and rules of engagement  : Ref. Appendix 1    Opening hours of the Terminal   : Ref. Appendix 1    Nomination and programme information  : Ref. Appendix 2   Customer Service contact details   : Ref. Appendix 3   First Come First Serve policy   : Ref. Appendix 4         15. Indexation /Escalation      As per the 1   st    of January of each year after the Start Date, the Rates mentioned in Article 8 shall   be increased with the percentage based on the Dutch Consumer Price Index figure (CPI) and   defined by the Dutch Bureau of Statistics (CBS) reflecting the inflation figure in the Netherlands   from time to time.          16. Rates/Conditions are Exclusively for the Client       The Client shall not be authorised to cede or subcontract the Contractual Capacity as well as   any right granted by this Agreement without the Company’s prior written approval.      Sub-leasing of Clients tank to a third party      In case the Client wishes to sub-lease one or more of the tanks mentioned in Clause 6, the   Client may request the Company to do so on its behalf. In this case the Company shall at its   discretion approach potentially interested parties and negotiate a sub-lease agreement   acceptable to the Client for the tank and period agreed with the Client provided that:   (i) the Client remains fully responsible for the performance of the sublease agreement and   especially the payment of the rates outlined in Article 8;   (ii) the sublease termination date is always earlier than the termination date of this   Agreement; and    (iii) the sublease does not comprise any option to renew or extend or increase the duration   or the capacity or any conditions referred to in the sub lease agreement.        





 







  ETA  and Vitol S.A.   Term Storage Agreement                  *** Certain information in this document has been omitted and filed separately with the Securities and Exchange   Commission. Confidential treatment has been requested with respect to the omitted portions.   9   The Client is not allowed to enter into any direct negotiations or discussions concerning its   subleased tanks with a      third party and the Company is under no obligation to accept any      third   parties as a sub-lessee. In case the Company is not able to find a sub-lessee on its own accord   the Client may propose a suitable alternative, approval of which shall not be unreasonably   withheld.       Any incremental revenues of a sub-lease arrangement shall be *** between the Company and   the Client.          17. Insurance      a) Title to and risks of the Products will remain with Client at all times.      b) Client shall be responsible for insuring the Product under this Agreement at their risk and   account.      c) Both Parties shall be responsible for procuring third party liability insurance to cover their   respective legal liabilities arising from their responsibilities under this Agreement.         18. Invoicing and payment      The Tank Rental fee will be invoiced monthly and  will be issued at the beginning of each   calendar month, in advance. All other charges mentioned in Clause 8 (pumpovers,   homogenization, additivation, additional throughput) and for any other services rendered will be   invoiced upon expiry of the month in which the respective service was rendered. Additional   throughput as per Clause 8 (b) shall be invoiced on a monthly basis once the free throughput   allowed under this Agreement has been achieved. Invoices are payable in the currency as   invoiced and within fifteen (15) days after the date of invoice and before final lifting of the   Product.       19. General Terms and Conditions      The General Conditions for Tankstorage in the Netherlands filed of record in the Dutch, English   and German languages at the Registry of the Arrondissements Courts at Amsterdam, Dordrecht   and Rotterdam on 21   st    December 1992 (“General Conditions”) and the jetty conditions of the   association of independent tank storage companies (VOTOB) filed of record at the Registry of   the Arrondissements Courts in Amsterdam, Dordrecht and Rotterdam (“Jetty Conditions”) shall     





 







  ETA  and Vitol S.A.   Term Storage Agreement                  *** Certain information in this document has been omitted and filed separately with the Securities and Exchange   Commission. Confidential treatment has been requested with respect to the omitted portions.   10   be applicable to this Agreeement. In the event of any conflict or inconsistency between this   Agreement and the General Conditions and Jetty Conditions, the terms and conditions of this   Agreement shall prevail.         20. Modification of the General Conditions        The provisions set forth in the Agreement may be modified by a decision of the Company in   accordance with technical or legal requirements. In this case the Company shall endeavour to   give at least three (3) months’ notice, except in the event of urgency in particular regarding   regulations and safety measures.         21. Notices      All notices and communications under this Agreement are to be sent to the Parties by, courier   or registered mail to the following address:         In the case of the Company, to:   Attention:  Jack de Moel   Title:  Managing Director   Address: Van Riebeeckhavenweg 9     1041 AD Amsterdam       In the case of the Client, to:   Attention:     Title:     Address:         





 







  ETA  and Vitol S.A.   Term Storage Agreement                  *** Certain information in this document has been omitted and filed separately with the Securities and Exchange   Commission. Confidential treatment has been requested with respect to the omitted portions.   11   Any notices, approvals or consents shall be effective only upon actual receipt:      (a) in the case of registered post, on the day on which it is received and acknowledged at   that Recipient Party’s address.      (b) in the case of personal delivery, at the time it is received and acknowledged at the   Recipient Party’s address.      Notwithstanding the above, communications between the Parties via email are   permitted and shall be sent to the email addresses as notified by the Parties from time   to time provided that any request for approval or consent by the recipient Party or   notice of breach sent by email must be followed by a letter to the other Party in   accordance with this Article 21.2          22. Law and jurisdiction      This Agreement shall be governed and construed in accordance with the law of the Netherlands.   Any dispute arising from or connected with this Agreement (including a dispute regarding the   existence, validity or termination of this Agreement or the consequences of its termination), shall   be referred to and finally resolved by the Courts of Rotterdam in the English language. The   language of this Agreement is English. All communications including notices under and in   respect of this Agreement shall be in the English language.      This Agreement may be executed in any number of counterparts and delivered by electronic   transmission, each of which so delivered shall be considered an original counterpart, but all such   counterparts together constitute but one and the same agreement.          (signature page to follow)                          





 







  ETA  and Vitol S.A.   Term Storage Agreement                  *** Certain information in this document has been omitted and filed separately with the Securities and Exchange   Commission. Confidential treatment has been requested with respect to the omitted portions.   12      IN WITNESS WHEREOF the Parties hereto have set their hands the day and year first above written.      For and on behalf of       For and on behalf of   Eurotank Amsterdam B.V.     Vitol S.A.                     /s/ Jack de Moel      /s/ Kenya Matsumoto    Name: Jack de Moel      Name: Kenya Matsumoto   Managing Director          Date: 17 March 2015      Date: 18 March 2015                                         





 







  ETA  and Vitol S.A.   Term Storage Agreement                  *** Certain information in this document has been omitted and filed separately with the Securities and Exchange   Commission. Confidential treatment has been requested with respect to the omitted portions.   13   Appendix 1 Terminal details and rules of engagement      Jetties (shared Gasoil system)    Jetty No. Draught (feet)   (1)   DWT   Jetty 9 barges 36    Jetty 12 vessels / barges 45 60.000   Jetty 13 barges 12    Jetty 14 vessels 45 100.000   Jetty 17 barges 18       Other/additional jetties could be made available upon usage of the gasoil shared system. The   Company shall communicated this to the Client, if applicable.      1 - Above mentioned draughts are general figures. Contact the local harbour authorities for the   latest draught restrictions.   2- Max. length of barges: 150 meters      Surveying   Before loading and unloading of vessels the Client shall appoint an independent surveying company. If   the Client omits to do so the Terminal may nominate one, for and on behalf of the Client, and all costs   plus ***% will be for account of and invoiced to the Client.       Working hours:   For operations the Terminal is working on a 365/7/24 basis       Company licenses and certificates, status on 17 June 2013   Licenses by Dutch law, including environmental permit (“vergunning ingevolge de Wet Milieubeheer”),   ISPS, AO/IB and water treatment permit (“W(et) V(ervuiling) O(ppervlaktewater) vergunning”).      Certificates:   ISO 9001: 2008   ISO 14001: 2004   OSHAS 18001:2007   AEO      Rules of Engagement     





 







  ETA  and Vitol S.A.   Term Storage Agreement                  *** Certain information in this document has been omitted and filed separately with the Securities and Exchange   Commission. Confidential treatment has been requested with respect to the omitted portions.   14    All customers are served on a first come first serve (“FCFS”) basis. The Company reserves   the right to deviate from the FCFS rules. Such deviation should be for the sake of operational   safety or where there can be positive impact upon overall terminal operations;    The Client is, if necessary, responsible to offer a movement of Product (flush) through the line,   pump or Client‘s tank with the required volume to prepare the line, pump or Client’s tank for   the manipulation with the nominated Product specification of the Client. The volume of the   flush is advised by the Terminal. The tank to flush into is advised by the Client;    Basic information for nomination and programme are outlined in Appendix 2.    Nominations, programmes and questions can be sent to: xcustomerservice@eta.vtti.com.     Use this e-mail address and do not contact our Customer Service team members via their   individual e-mail account.    Customer Service office hours: 08:30-18:00 during weekdays.     Contact details of the Customer Service team can be found in Appendix 3.    One Customer Service colleague is on duty outside office hours. The details of on duty   colleague will be communicated to the Client on a week by week basis.    In case of emergency or direct need of assistance, the on duty Customer Service colleague   can be reached outside office hours via their mobile telephone number (Appendix 3).    Changes within the nomination and programmes that occur outside office hours and need to   be urgently dealt with before upcoming office hours, can be sent to             xcustomerservice@eta.vtti.com and should be accompanied by a telephone call to the on duty   Customer Service colleague (mobile phone) (Appendix 3).     Send complete and up to date nominations and programmes (Appendix 2) to Customer   Service. Any change or additional information requires a complete update of a nomination or   programme, which is re-sent to Customer Service.     A vessel / barge without nomination, programme and / or by the Company approved SDS and   product specification cannot berth, remain on jetty or are handled by the Company.       Customs        The Company will inform the Client on a customs claim and gather required basic information   in cooperation with the Client. If the Client requires the Company to perform additional work to   solve a customs claim, the Company has the right to charge the additional manpower per hour   to the Client.   Appendix 2 Nomination and programme information     





 







  ETA  and Vitol S.A.   Term Storage Agreement                  *** Certain information in this document has been omitted and filed separately with the Securities and Exchange   Commission. Confidential treatment has been requested with respect to the omitted portions.   15            Basic information on nomination       Loading or discharging     REG / IMO number & Name (of vessel / barge, etc)     Agents name     Pre cargo     ETA (day, month, year).     Product name and CN code     Certificate of analysis     SDS     Quantity (KGV / KGA)    Volume (at 15 Degrees C)    Tolerance (Min / Max / App.)    Receiver    Surveyors- who (for what inspection)     Discharge    EU   non-EU    Excise number  origin       EUR1/ Form A / INF3       (T1) Value of product       Free    Loading   EU   non-EU   Excise number  T1 (AAD, status change)       Documents (BL, quantity quality report, ullage report, timesheet, statement of facts,   certificate of origin, master’s receipt for documents, master receipt’s for samples, cargo   manifest, tank inspection report or certificate of cleanliness   Note nr of copies for receivers and / or for master                   Basic information on programme       Replacing programme (if applicable)    Ex / into vessel / barge / truck / railcar tank (in correct sequence)   Tank number in   Tank number out    Quantity (M3 at 15 degrees C or until full approximately M3 or % of      total quantity or hand blend per tank and modality)    Tolerance (min / max / as close to but never more than)    Balance tank    Surveyor who (in nomination, but shown as repeated information)    Optional:    Value     Line flushes into (only in TTT)    Additivation (who, quantity (liters) in which tanks)    Remarks (open box) e.g. Sulphur details          





 







  ETA  and Vitol S.A.   Term Storage Agreement                  *** Certain information in this document has been omitted and filed separately with the Securities and Exchange   Commission. Confidential treatment has been requested with respect to the omitted portions.   16      Appendix 3 Customer Services contact details       Please for nominations, programmes, instructions or changes use following general Customer service   e-mail address :      xcustomerservice@eta.vtti.com         Outside office hours you can contact ;      Erik van de Koolwijk   Office +31 20 - 587 21 37   Mobile  +31 6 20963704   evk@eta.vtti.com      or       Brenda Matabadal   Office +31 20 - 587 21 54   Mobile +31 6 52533090   bma@eta.vtti.com       or       Willy Steendam   Office +31 20 - 587 21 38   Mobile +31 6 51449109   whs@eta.vtti.com      or      Marco de Boer ( custom affairs )   Office +31 20 587 21 34   Mobile +31 6 12852826   mdb@eta.vtti.com               





 







  ETA  and Vitol S.A.   Term Storage Agreement                  *** Certain information in this document has been omitted and filed separately with the Securities and Exchange   Commission. Confidential treatment has been requested with respect to the omitted portions.   17   Appendix 4   First Come First Serve policy (FCFS)      ETA operates a First Come, First Served (FCFS) policy based upon the following procedures:      1.          Operation Orders are to be received in writing. Orders will contain Vessel Name / Cargo /   Quantity / ETA / Operational Details. Changes to Operation Orders shall be made in writing   and shall be accepted subject to the condition that other operations remain substantially   unaffected by the proposed changes.       Discharge / Reload Operations are acceptable but must be nominated as two separate   operations.       2.          Berthing priority is allocated on basis of valid NORT basis arrival at Amsterdam Anchorage.   When the   Operation Order is received after vessel has tendered NOR the time of acceptance of the   Operation Order shall determine the allocation of position in the berthing queue.      3.          4 hours prior to planned operation the Operation Order shall be checked to ensure that:                (i)         Tank(s) is released for loading                (ii)        Sufficient Volume is available (loading)                (iii)       Sufficient Ullage is available (discharge)                Failure to satisfy the above mentioned criteria will result in the vessel call to berth being   cancelled and the vessel rejoins the queue (as next vessel to be called). Cargo operations   may commence whilst sequential operational steps are in progress, subject to the condition   that no additional delays to the overall operational programme are incurred.      4. Other than in exceptional circumstances, Max Idle Time after vessel is All Fast shall not   exceed 6 hours (Inclusive of product analysis). ETA reserves the right to un-berth and   reschedule vessels which do not comply.      5.          In exceptional circumstances, ETA reserves the right to deviate from these rules. Such   deviation should be for the sake of operational safety or where there can be positive impact   upon overall terminal operations.      6.        Jetties can be used for board to board (Or ship to ship) operations subject to both vessels   being ready for board to board operations.  Vessels to be nominated separately and must be   concurrently scheduled to ensure idle time of either vessel does not exceed 6 hours. Vessels   nominated for loading and / or discharging operations have priority over board to board   operations.