Common use of Section 4.9 Clause in Contracts

Section 4.9. Section 4.9 (Annual Budget) of the Partnership Agreement is hereby amended as follows: (a) The first sentence is amended by deleting it in its entirety and replacing it with the following: “The Partnership has an annual budget for the operations of the Partnership and its Subsidiaries for 2004 (the “Initial Budget”) which has been approved by the Partners pursuant to the Transaction Agreement. The Initial Budget includes, and each Annual Budget (as defined below) shall include, a separate budget (including details of revenues, expenses, capital expenditures, etc. on a monthly basis) for each of the Houston Business, the Kansas Business and the Southwest Business (such separate budgets shall, with respect to an Asset Pool, be treated as the Annual Budget therefor). Notwithstanding the foregoing, the budgets for each of the Houston Business, the Kansas Business and the Southwest Business shall be considered, for purposes of approval required under this Section 4.9, as a single combined Annual Budget and shall be submitted as such to the Management Committee for approval in its entirety.” (b) The second sentence is amended by deleting the reference therein to “1999” and replacing it with “2004”.