Letter of Understanding Revising Test Method under Amended and Restated Gypsum Contract between Duke Energy (Miami Fort Station) and Lafarge North America Inc.
Duke Energy (Miami Fort Station) and Lafarge North America Inc. have agreed to update the test method used for a specific provision in their existing Amended and Restated Gypsum Contract dated June 8, 2005. This letter formalizes the new testing procedure, effective immediately, and reflects the cooperation between both companies in resolving the issue. The agreement is limited to revising the test method and does not alter other terms of the original contract.
Exhibit 10.21
Certain confidential information has been omitted from this Exhibit 10.21 pursuant to a request for confidential treatment filed separately with the Securities and Exchange Commission. The omitted information is indicated by the symbol “* * *” at each place in this Exhibit 10.21 where the omitted information appeared in the original.
[DUKE ENERGY LETTERHEAD]
January 4, 2010
Mr. John Dickman
Director of Purchasing
Lafarge North American Inc.
12950 Worldgate Drive, Suite 400
Herndon, VA 20170
Subject: Letter of Understanding - Between Duke Energy (Miami Fort Station) and Lafarge
Dear Mr. Dickman,
In reference to the Amended and Restated Gypsum Contract dated June 8, 2005 between The Cincinnati Gas & Electric Company, an Ohio corporation and operating owner of the Miami Fort Generating Station (“Miami Fort Station”) located in North Bend, Ohio (CG&E), and Lafarge North America, Inc., a Maryland corporation (“Lafarge”), this Letter of Understanding revises the “test method” for the testing of * * * of the contract.
Below is the new agreed upon test method for testing * * * effective per this Letter of Understanding:
* * *.
We appreciate the cooperation between the Silver Grove and Miami Fort personnel to investigate and resolve this test method issue.
| Sincerely, |
| /s/ Tony R. Mathis |
| Tony R. Mathis, P.E. |
| Director - Byproducts Management |
| Duke Energy Corporation |
| cc: | Mr. Ken Britt (Lafarge) |
Mr. Scott Walton (Lafarge)
Mr. Ben G. Ruggiero (Duke Energy)
Mr. Steven Chipman (Duke Energy)
Mr. Richard T. Wilburn (Duke Energy)
