Exhibit 10.13
AMENDMENT TO THIRD
ADDENDUM
TO DISTRIBUTOR FRANCHISE
AGREEMENT
This Amendment to the Third Addendum
to Distributor Franchise Agreement is entered into by and between
CITGO Petroleum Corporation (“CITGO”) and SSP Partners
(“SSP”) on March 28, 2001.
WHEREAS, CITGO and SSP have entered
into a Third Addendum to Distributor Franchise Agreement dated
September 6, 1999 (the “Third Addendum to
DFA”).
WHEREAS, the Third Addendum to the
DFA sets forth the purchase price for motor fuels sold by CITGO to
SSP and delivered to certain stations that are operated by SSP (the
“Operated Stores”). SSP has requested that this
purchase price also apply for motor fuels sold by CITGO to SSP and
delivered to stores that are operated by dealers, but the
stores’ gasoline inventory is owned and priced by SSP or the
store is an unattended fueling site where the gasoline inventory is
owned and priced by SSP (collectively the “Consignment
Stores”)
WHEREAS. SSP has also agreed to
brand with CITGO certain locations that are currently branded
Exxon, Chevron and, if SSP acquires the Tex Mart Stores, the Tex
Mart Stores.
NOW THEREFORE, in consideration of
the premises and covenants contained herein, IT IS AGREED AS
FOLLOWS:
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1.
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The purchase
price for motor fuels sold, by CITGO to SSP and delivered to the
Consignment Stores that are listed on the attached Exhibit A
shall be determined in accordance with the provisions of the Third
Addendum to DFA; except that SSP’s gross margins on gasoline
sales and gross profit net on merchandise sales will not be
separately determined for the Consignment Stores, but in lieu
thereof, the Parties agree to use the same gross margins for
gasoline sales and-gross profit net from the sale of merchandise
for the Consignment Stores on a per gallon of purchased gasoline
basis as determined and used for the Operated Stores.
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2.
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Exhibit A
may be amended from time to time by the Parties.
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3.
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The effective
date of this Amendment is Ja
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