STATE OF DELAWARE.
16.
CONSTRUCTION.
REFERENCES IN THIS AGREEMENT TO "THIS AGREEMENT"
AND THE WORDS "HEREIN," "HEREOF," "HEREUNDER" AND SIMILAR TERMS INCLUDE THE
PLAN.
THE HEADINGS OF THE SECTIONS OF THIS AGREEMENT HAVE BEEN INCLUDED FOR
CONVENIENCE OF REFERENCE ONLY, ARE NOT TO BE CONSIDERED A PART HEREOF AND SHALL
IN NO WAY MODIFY OR RESTRICT ANY OF THE TERMS OR PROVISIONS HEREOF.
4
17.
RELATIONSHIP TO THE PLAN.
IN ADDITION TO THE TERMS AND CONDITIONS
DESCRIBED IN THIS AGREEMENT, GRANTS OF PHANTOM UNITS ARE SUBJECT TO ALL OTHER
APPLICABLE PROVISIONS OF THE PLAN.
THE DECISIONS OF THE COMMITTEE WITH RESPECT
TO QUESTIONS ARISING AS TO THE INTERPRETATION OF THE PLAN, OR THIS AGREEMENT AND
AS TO FINDINGS OF FACT, SHALL BE FINAL, CONCLUSIVE AND BINDING.
K-SEA GENERAL PARTNER GP LLC
By
[Name]
[Title]
GRANTEE
[Name]
Date
5