Amendment to Operation and Maintenance Agreements between DEGS O&M, LLC and KGen Project Companies
This amendment, dated July 21, 2006, modifies seven existing Operation and Maintenance Agreements between DEGS O&M, LLC and various KGen project companies. The main change extends a specific deadline in Section 6.4 of each agreement from 60 to 120 days, subject to the KGen companies obtaining necessary lender consents. The amendment becomes effective once KGen notifies DEGS that all required lender approvals have been received. All other terms of the original agreements remain unchanged.
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Exhibit 10.15
July 21, 2006
DEGS O&M, LLC
139 East Fourth Street
5 Atrium II
Cincinnati, Ohio 45202
Attn: Mr. Dave Ledonne, General Manager
Reference is made to the seven (7) Operation and Maintenance Agreements each dated September 13, 2004 (each an "Agreement", collectively the "Agreements") between DEGS O&M, LLC (formerly known as Cinergy Solutions O&M LLC) ("DEGS") and the KGcn project companies signatory hereto ("KGen Companies").
DEGS and each of the KGen Companies hereby agree that subject to the Lenders Consents described below, Section 6.4 of each Agreement is amended by replacing the reference to "sixty (60) days" contained therein to "one hundred twenty (120) days."
The amendment described above shall be effective upon the date that the KGen Companies notify DEGS that the KGen Companies have received all consents and approvals of its lenders necessary for the amendment of the Agreements contained herein ("Lenders Consents"). The KGen Companies agree that they shall provide DEGS prompt notice of their receipt of the Lender Consents.
Except as amended hereby, the Agreements shall remain in full force and effect.
[Signatures follow]
KGEN ENTERPRISE LLC | KGEN NEW ALBANY LLC | |||||
By: | /s/ Donald E. Boyd Donald E. Boyd Sr. Vice PresidentOperations | By: | /s/ Donald E. Boyd Donald E. Boyd Sr. Vice PresidentOperations | |||
KGEN HINDS LLC | KGEN SANDERSVILLE LLC | |||||
By: | /s/ Donald E. Boyd Donald E. Boyd Sr. Vice PresidentOperations | By: | /s/ Donald E. Boyd Donald E. Boyd Sr. Vice PresidentOperations | |||
KGEN HOT SPRING LLC | KGEN SOUTHAVEN LLC | |||||
By: | /s/ Donald E. Boyd Donald E. Boyd Sr. Vice PresidentOperations | By: | /s/ Donald E. Boyd Donald E. Boyd Sr. Vice PresidentOperations | |||
KGEN MARSHALL LLC | ||||||
By: | /s/ Donald E. Boyd | AGREED TO AND ACKNOWLEDGED BY: | ||||
Donald E. Boyd Sr. Vice PresidentOperations | DEGS O&M, LLC | |||||
By: | /s/ David A. Ledonne | |||||
Name: | David A. Ledonne | |||||
Title: | Vice President |
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