AMENDMENT TO ENERGYMANAGEMENT AGREEMENT

EX-10.18 23 a2181284zex-10_18.htm EX-10.18

Exhibit 10.18

 

REDACTED

 

AMENDMENT TO ENERGY MANAGEMENT AGREEMENT

 

This Amendment (“Amendment”) to Energy Management Agreement is entered into by and between KGen Murray I and II LLC (“Owner”) and Fortis Energy Marketing & Trading GP, successor in interest to The Cincinnati Gas & Electric Company (“Energy Manager”).

 

WHEREAS, Owner and Energy Manager are parties to that certain Energy Management Agreement dated August 17, 2004 (the “Agreement”);

 

WHEREAS, the parties hereto desire to extend the term of the Agreement and to revise the Murray I Monthly Management Fee and the Murray II Management Fee under the Agreement; and

 

WHEREAS, the parties hereto desire to amend the Agreement as provided herein.

 

NOW THEREFORE, for and in consideration of the agreements herein made and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree to amend the Agreement as follows:

 

1.                         Section 2.2. Term, is deleted in its entirety and replaced with the following:

 

“The term of this Agreement shall commence on the Effective Date, shall continue in effect for three (3) years from the Effective Date (the “Initial Term”), and shall be extended for an additional period (“Term Extension”) through and including August 31, 2010. The parties shall agree on further Term Extensions at least forty-five (45) days prior to the end of any Term Extension.”

 

2.                         Section 6.1 Management Fees, Subsection (a) (ii), is amended by and adding a period immediately after the parenthetical phrase, “(the “Murray I Monthly Management Fee”),” followed by the following:

 

“Notwithstanding the foregoing, effective as of September 1, 2007, the Murray I Monthly Management Fee shall be equal to [***]

 

3.                         Section 6.1 Management Fees, Subsection (b) is amended by by adding the following sentence after the parenthetical phrase, “(the “Murray II Monthly Management Fee”)”:

 

“Notwithstanding the foregoing, effective as of September 1, 2007, the Murray II Monthly Management Fee shall be equal to the greater of (i) [***] (“Murray II Fixed Dollar Portion”) or (ii) [***] of the monthly Generation Margin for Murray II.”

 

 


*** Certain information on this page has been omitted and filed separately with the SEC.  Confidential treatment has been requested with respect to the omitted portions.

 

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4.                         Except as amended hereby, all terms and conditions of the Agreement shall remain in full force and effect.

 

IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Energy Management Agreement in multiple originals, effective as of July 25, 2007.

 

 

KGen Murray I and II LLC

Fortis Energy Marketing & Trading GP

 

 

By:

/s/ James H. Sweeney

 

By:

/s/ William David Duran

 

Name:

James H. Sweeney III

 

Name:

William David Duran

 

Title:

Senior Vice President –

 

Title:

Managing Director

 

 

Energy Management

 

 

 

 

 

 

By:

/s/ Frank Vickers

 

 

 

Name:

Frank Vickers

 

 

 

Title:

Managing Director

 

 

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