FROM THIS CLAUSE AND PAID ACCORDING TO THE PROVISIONS
OF THE APPLICABLE CONTRACTS BETWEEN THE PARTIES.
THE PARTIES SHALL
CONTINUE TO ISSUE INVOICES.
IN ACCORDANCE WITH CONTRACT TERMS,
IN THE
NORMAL COURSE OF BUSINESS. ON OR BEFORE THE 20TH CALENDAR DAY (OR THE
PRECEDING BUSINESS DAY,
IF THE 20TH IS NOT A BUSINESS DAY) OF THE MONTH
FOLLOWING THE MONTH DURING WHICH DELIVERIES OCCUR PURSUANT TO TERMS OF
CONTRACTS BETWEEN THE PARTIES, THE PARTIES WILL COMMUNICATE AND CONFIRM
THE INVOICED AMOUNTS TO BE INCLUDED IN THE NET PAYMENT (OR NET
SETTLEMENT) OF ACCOUNTS.
ANY REMAINING BALANCE SHALL BE PAID BY THE
PARTY OWING SUCH AMOUNT TO THE OTHER PARTY ON THE DATE THE GROSS
AMOUNTS ARE DUE PER THE CONTRACTS.
TITLE TRANSFER:
BY TRANSFER FROM DELIVERING PARTY'S TO RECEIVING PARTY'S ACCOUNT AT THE
LOCATION(S) DESCRIBED HEREIN, AT WHICH POINT(S) TITLE SHALL PASS AS
EVIDENCED BY RUN TICKETS/ALLOCATION STATEMENTS ISSUED BY THE CARRIER(S)
INVOLVED.
FINAL AGREEMENT:
THIS CONTRACT, INCLUDING THE ABOVE REFERENCED GENERAL TERMS COMPRISES
THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND MERGES AND SUPERSEDES ALL
PRIOR REPRESENTATIONS AND UNDERSTANDINGS BETWEEN THE PARTIES HERETO
COVERING THE SUBJECT MATTER HEREOF.
ASSIGNMENT CLAUSE:
NEITHER PARTY SHALL ASSIGN THIS AGREEMENT WITHOUT THE PRIOR WRITTEN
CONSENT OF THE OTHER.
NOTWITHSTANDING THE FOREGOING, EXXONMOBIL OIL
CORPORATION SHALL HAVE THE RIGHT TO ASSIGN THIS AGREEMENT TO AN
AFFILIATE WITHOUT WRITTEN CONSENT, BY PROVIDING WRITTEN NOTICE TO THE
OTHER PARTY.
Confidential Portions Redacted and Filed with the Commission pursuant to 17 CFR
200.83.
"***" Symbolizes Language Omitted Pursuant to an Application For Confidential
Treatment.
DOCUMENTATION INSTRUCTIONS:
THIS DOCUMENT EVIDENCES OUR UNDERSTANDING OF THE ENTIRE AGREEMENT AND
SHALL CONSTITUTE THE FORMAL CONTRACT. PLEASE CONFIRM BY IMMEDIATE FAX
TO THE EXXONMOBIL CONTRACT ADMINISTRATOR THAT THE ABOVE IS IN
ACCORDANCE WITH YOUR UNDERSTANDING.
ABSENT WRITTEN NOTICE OF
OBJECTION, WE ASSUME YOUR AGREEMENT TO THESE TERMS AND CONDITIONS.
YOUR
RESPONSE SHOULD REFLECT THE APPROPRIATE PARTY IN YOUR ORGANIZATION WHO
HAS THE AUTHORITY TO ENTER INTO THIS AGREEMENT.
INVOICES TO EXXONMOBIL SHOULD BE MAILED OR FAXED AS FOLLOWS:
EXXONMOBIL OIL CORPORATION
***
ATTN: RAW MATERIALS ACCOUNTING
EXXONMOBIL OIL CORPORATION - CRUDE CONTRACT
AGREEMENT
TODAY'S
DATE:
08/19/2009
DATE:
09/24/2009
PAGE:
5 OF 5
TO:
BERRY PETROLEUM
CO
FROM:
EXXONMOBIL
OIL CORPORATION
RON CROSS
(303.999.4141)
***
3039994141
(FAX)
***
(FAX)
FAX # *** (INVOICES ONLY)
EXXONMOBIL CONTRACT
ADMINISTRATOR:
***
(PH)
***
EXCEPT AS NOTED ABOVE, ALL OTHER PROVISIONS FOR THE AGREEMENT REMAIN
UNCHANGED.
PLEASE ACKNOWLEDGE RECEIPT OF THIS CONFIRMATION BY RETURN FAX TO
***.
ABSENT WRITTEN
NOTICE OF OBJECTION, WE ASSUME YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
SIGNATURE:
***