Amendment and Termination Agreement between ANR Pipeline Company and Sithe/Independence Power Partners L.P. (Contract No. 19600)

Summary

ANR Pipeline Company and Sithe/Independence Power Partners L.P. have agreed to terminate their existing transportation services agreement, effective July 31, 2001. After this date, neither party will have any further obligations under the agreement, except that Sithe/Independence Power Partners L.P. remains responsible for any outstanding payments for services provided by ANR Pipeline Company up to the termination date.

EX-10.8(35) 9 a2074499zex-10_835.txt EXHIBIT 10.8.35 EXHIBIT 10.8.35 Contract No: 19600 Amendment No: 02 AMENDMENT Date: Jul 23, 2001 "Transporter": ANR PIPELINE COMPANY "Shipper": SITHE/INDEPENDENCE POWER PARTNERS L. P. FTS-1 Contract No. 19600 dated Nov 01, 1993 ("Agreement") between Transporter and Shipper is amended effective Jul 31, 2001 as follows: Transporter and Shipper hereby agree to terminate the above-referenced Agreement, effective July 31, 2001, without any further liability or obligation whatsoever between the parties. Notwithstanding the termination of the Agreement, Shipper shall be liable for all amounts due under the Agreements for services rendered by Transporter up to and including the termination date. SITHE/INDEPENDENCE POWER PARTNERS L. P. "SHIPPER" BY: /s/ Martin B. Rosenberg ------------------------------- TITLE: Senior Vice President DATE: July 26, 2001 ANR PIPELINE COMPANY "TRANSPORTER" BY: /s/ Joseph E. Pollard ------------------------------- TITLE: Director, Transportation Services DATE: August 3, 2001 Contract No: 19600 Amendment No: 02