Notice of Termination of EPC Contract between Kiewit Energy Company and Aventine Renewable Energy – Mt. Vernon, LLC
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Summary
Kiewit Energy Company has formally notified Aventine Renewable Energy – Mt. Vernon, LLC that it is terminating their Engineering, Procurement and Construction (EPC) Services Fixed Price Contract, effective March 6, 2009. This action follows Aventine's failure to cure a payment default under the contract, as modified by a change order dated December 31, 2008. The letter reserves Kiewit's rights and remedies and invites further discussion if desired.
EX-10.6.2 14 dp12814_ex100602.htm EXHIBIT-10.6.2
Exhibit 10.6.2
March 6, 2009
Via Facsimile and Federal Express Overnight Delivery
Mr. Jeff Moery
Vice President
Aventine Renewable Energy – Mt. Vernon, LLC
1300 South 2nd Street
Pekin, IL 61554
Facsimile: (309) 478-1526
| Re: | EPC Contract – Mt. Vernon West Ethanol Project | |
| Change Order dated December 31, 2008 |
Dear Jeff:
On March 3, 2009, Kiewit notified you of Aventine’s default of its payment obligations under the EPC Contract, as modified by the referenced Change Order. As of today’s date, Aventine has failed to cure this default.
By this letter, Kiewit notifies you of its termination of the Engineering, Procurement and Construction Services Fixed Price Contract between Kiewit Energy Company and Aventine Renewable Energy – Mt. Vernon, LLC dated May 31, 2007. The termination is effective March 6, 2009.
Nothing in this letter is intended to waive any right or remedy Kiewit Energy Company may have.
Please contact me if you would like to discuss the matter further.
Sincerely,
/s/ Mike Casey
Mike Casey
Vice President
| cc: | Brad Kaufman |
| Elizabeth Gage |
KIEWIT ENERGY GROUP
7906 North Sam Houston Parkway West, Suite 300, Houston, TX 77064
(281) 517-8900 ###-###-#### fax
