Amendment No. 1 to Master Agreement for Contract Services between Global Energy Systems, Inc. and Gulf Power Company
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Summary
This amendment, dated March 11, 2009, adds Article 49 to the existing Master Agreement for Contract Services between Global Energy Systems, Inc. and Gulf Power Company. The new article clarifies that the agreement benefits not only Gulf Power Company but also its parent, The Southern Company, and its affiliates, allowing them to enforce the agreement. However, it specifies that affiliates are not liable for charges incurred by others. All other terms of the original agreement remain unchanged.
EX-10.7 8 v145994_ex10-7.htm
Global Energy Systems, Inc.
Agreement C08-210121
Amendment Number One
March 11, 2009
The purpose of this Amendment, Amendment One, is to add Article 49 under Agreement C08-210121.
Article 49 shall state:
49. | Benefited Parties. It is understood and agreed that Corporation is entering into this Master Agreement for Contract Services not only for its own benefit but also and equally for the direct benefit of its parent and affiliates, present and future, and that each and every right, benefit, remedy and warranty accruing to Corporation hereunder likewise accrue to its parent and affiliates, including but not limited to the right to enforce this Master Agreement for Contract Services in their respective names; provided, however, that in no event shall any provision of this Master Agreement for Contract Services be construed as making the parent or any affiliate of Corporation liable for any charges or other amounts due hereunder incurred by any other affiliate. The Southern Company is the parent of Corporation and Corporation’s present affiliates consist of Alabama Power Company, Georgia Power Company, Mississippi Power Company, Savannah Electric and Power Company, Southern Company Services, Inc., Southern Electric Generating Company, Southern Nuclear Operating Company, Inc., The Southern Investment Group Inc., Southern Electric Railroad Company, Inc., and Southern Electric International, Inc. |
All other terms and conditions remain unchanged.
THIS SECTION IS TO BE COMPLETED BY GLOBAL ENERGY SYSTEMS, INC.
CONTRACT DATA AND AFFIDAVIT
Witness the acceptance hereof by the signing this 12th da y of March , 2009.
Signed by
TWO WITNESSES: | ||||
/s/ Jannice C. Ball | By: | /s/ Rom Papadopoulos | ||
(Witness) | ||||
/s/ Kathy K. Robb | Title: | Exec. VP, CFO & COO | ||
(Witness) |
THIS SECTION TO BE COMPLETED BY GULF POWER COMPANY
Signed and sealed for GULF POWER COMPANY
Attested: (Gulf) | By: | /s/ P. Bernard Jacob | ||
/s/ Terry A. Davis | Title: | Vice President | ||
(Asst. Secretary) | 3/20/09 |