PIPELINE GATHERING LINE
FROM FAIRFIELD LEASES.
04)
FORMULA NUMBER:
1000202240
PRICE FOR CRUDE OIL SHALL BE THE AVERAGE OF CHEVRON/UNOCAL/EXXONMOBIL/
SHELL TRADING COMPANY PRICES POSTED FOR MIDWAY SUNSET CRUDE OIL
DURING THE DELIVERY MONTH,
*** $*** PER NET BARREL DIFFERENTIAL,
ADJUSTED FOR ACTUAL GRAVITY DELIVERED BASED ON THE AVERAGE OF
CHEVRON/UNOCAL/EXXONMOBIL/SHELL TRADING COMPANY GRAVITY SCALES.
DELIVERIES TO BE DEEMED EQUAL DAILY QUANTITES.
DELIVERY
VOLUME/LOCATIONS:
APPROXIMATELY
2,100 BARRELS PER DAY -
INTO CONOCOPHILLIPS COMMON CARRIER
PIPELINE (LINE 100) FROM FORMAX LEASES.
EXXONMOBIL OIL CORPORATION - CRUDE CONTRACT
AGREEMENT
TODAY'S
DATE:
08/19/2009
DATE:
09/24/2009
PAGE:
3 OF 5
TO:
BERRY PETROLEUM
CO
FROM:
EXXONMOBIL
OIL CORPORATION
RON CROSS
(303.999.4141)
***
3039994141
(FAX)
***
(FAX)
NOTE:
TOTAL CONTRACT VOLUME IS APPROXIMATELY 12, 600
BARRELS
PER DAY (378k BARRELS PER MONTH) - LIMITED TO 100% OF THE
LEASE PRODUCTION AT BERRY CENTRAL, ETHEL D, FORMAX,
AND FAIRFIELD LEASES.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
THE FOLLOWING ADDITIONAL PROVISIONS APPLY TO THE ENTIRETY OF
THE CONTRACT:
1)
IN THE EVENT THE CRUDE OIL WILL BE EXPORTED FROM THE
UNITED STATES, BUYER UNDERTAKES TO DETERMINE ANY EXPORT
LICENSE REQUIREMENTS. TO OBTAIN ANY EXPORT LICENSE OR
OTHER OFFICIAL AUTHORIZATIOINS, AND TO CARRY OUT ANY
CUSTOMS
FORMALITIES FOR THE EXPORT OF THE CRUDE OIL.
2)
MEASUREMENT AND TEST:
ALL CALIFORNIA CRUDE OIL
PRODUCTION DELIVERED AND RECEIVED BY BOTH PARTIES
SHALL NOT EXCEED 3% BS&W.
Confidential Portions Redacted and Filed with the Commission pursuant to 17 CFR
200.83.
"***" Symbolizes Language Omitted Pursuant to an Application For Confidential
Treatment.
3)
PRESS RELEASES OR ANNOUNCEMENTS WITH REGARD TO THIS
CONTRACT HAVE TO BE CLEARED IN ADVANCE BY BOTH PARTIES.
DELIVERY:
01)
WEST COAST PIPELINE CO
AT: DUVALL ROAD, CA
02)
PLAINS MARKETING & AT: ETHEL D, CA
03)
PLAINS MARKETING & AT: BERRY FAIRFIELD, CA
04)
CONOCOPHILLIPS COMMON CARRIER AT: FORMAX LEASE, CA
TERMINATION:
BEGINNING OCTOBER 1, 2009
THRU SEPTEMBER 30, 2010.
FOLLOWING THIS INITIAL PERIOD, THIS AGREEMENT SHALL
CONTINUE THEREAFTER ON A MONTH-TO-MONTH BASIS UNLESS
CONTRACT IS CANCELLED BY EITHER PARTY WITH A 60-DAY
NOTICE OF CANCELLATION.
FIRST NOTICE OF CANCELLATION
SHALL NOT BE GIVEN PRIOR TO AUGUST 1, 2010.
_________________________________________________________________________________________________________
OTHER SPECIAL PROVISIONS:
PLEASE REFER TO CONTRACT NUMBER BRRY1403TE ON ALL CORRESPONDENCE INCLUDING
STATEMENTS AND WIRE TRANSFERS
GENERAL TERMS:
CONOCO'S GENERAL PROVISIONS FOR DOMESTIC CRUDE OIL AGREEMENTS DATED
JANUARY 1, 1993 ARE INCORPORATED HEREIN BY REFERENCE AND MADE PART OF
THIS AGREEMENT.
IN THE EVENT OF A CONFLICT BETWEEN THESE GENERAL TERMS
AND CONDITIONS AND THE SPECIFIC TERMS AND CONDITIONS OF THE AGREEMENT,
THE SPECIFIC TERMS AND CONDITIONS SHALL GOVERN.
PAYMENT TERMS:
EXXONMOBIL OIL CORPORATION - CRUDE CONTRACT
AGREEMENT
TODAY'S
DATE:
08/19/2009
DATE:
09/24/2009
PAGE:
4 OF 5
TO:
BERRY PETROLEUM
CO
FROM:
EXXONMOBIL
OIL CORPORATION
RON CROSS
(303.999.4141)
***
3039994141
(FAX)
***
(FAX)
IN CONSIDERATION FOR THE MUTUAL EFFICIENCIES ARISING FROM NET
SETTLEMENT, UNLESS OTHERWISE SPECIFIED, THE PARTIES WILL USE THE
FOLLOWING PROCEDURE, EXCEPT AS TO CONTRACTS FOR THE DELIVERY OF
CRUDE OIL AND/OR CONDENSATE DELIVERED BY TANKER(S) AND CONTRACTS
SECURED BY PREPAYMENT AND/OR DOCUMENTARY LETTER(S) OF CREDIT, WHICH
SHALL BE EXCLUDED