Amendment Letter Agreement between Columbia Gas Transmission Corporation and Lima Energy Company (June 3, 2005)
This agreement amends a previous letter agreement between Columbia Gas Transmission Corporation and Lima Energy Company regarding the installation of a measuring station for the Lima Energy project. Columbia acknowledges Lima Energy's plan to secure project financing by the end of 2005. Lima Energy agrees to pay any difference between the estimated and actual project costs within 30 days of receiving the final invoice. All other terms from the original agreement remain unchanged.
Exhibit 10.15
 | ||||
| A NiSource Company | ||||
Customer Services
| 1700 MacCorkle Ave SE | ||||
| PO Box 1273 | ||||
| Charleston WV ###-###-#### |
June 3, 2005
Mr. Dwight N. Lockwood
Vice President Regulatory Affairs
Global Energy, Inc.
Suite 2650
312 Walnut Street
Cincinnati, Ohio 45202
Re: Proposed Measuring Station No. 738314
Dear Mr. Lockwood:
The purpose of this letter agreement is to amend certain terms and provisions of that certain letter agreement dated May 11, 2004, entered into between Lima Energy Company (Customer) and Columbia Gas Transmission Corporation (Columbia). Customer and Columbia agree to the following:
| 1) | Columbia understands that Customer expects to finance the Lima Energy project by no later than the end of the fourth-quarter 2005. |
| 2) | Customer understands that the estimated cost of [*] set forth in the May 11, 2004 letter agreement may no longer be representative of the actual project cost due to increases in the cost of materials, contractor costs, and other unforeseen costs that may be realized at the time of installation/construction. Customer, however, agrees to pay Columbia 100% of the difference, if any, between the actual costs and the estimated cost of [*] within thirty (30) days of the date of the final invoice. |
Except as provided herein, all other terms and provisions of the May 11, 2004 letter agreement shall remain in full force and affect.
| [*] | = | Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. |
Mr. Dwight N. Lockwood
June 3, 2005
Page 2
If you are in agreement with the foregoing, please indicate your acceptance by executing both originals of this Agreement and returning one original to me at the above address within ten (10) days from the date of this Agreement.
Sincerely,
| COLUMBIA GAS TRANSMISSION CORPORATION | ||
| By: | /s/ Jeanne A. Adkins | |
| Name: | Jeanne A. Adkins | |
| Its: | Manager – Customer Services | |
Accepted and agreed to this day of , 2005.
| LIMA ENERGY COMPANY | ||
| By: | /s/ Dwight N. Lockwood | |
| Name: | DWIGHT N. LOCKWOOD | |
| Its: | SECRETARY | |
| 6/21/05 | ||
