|
|
Enron Mail |
Insert at p. 42 as ARTICLE XII.
ARTICLE XII. ADJUSTMENTS REGARDING UNITS WITH SERIAL NUMBERS LISTED IN EXHIBIT P 12.1 Adjustments in Performance Guarantees to Reflect Site Conditions. Seller recognizes that the Sites for the Units identified and listed by serial number in Exhibit P have not been identified by Purchaser. When the Site for each such Unit has been identified and the corresponding Site conditions for each such Unit has been provided by Purchaser to Seller, Seller and Purchaser agree to amend the Guaranteed Levels and the Specific Performance Levels for each such Unit to reflect changes in the Basis Conditions made to reflect the Site conditions for each such Unit. The Guaranteed Levels and Specific Performance Levels as so amended will be consistent with those customarily provided by Seller for other LM 6000 Enhanced Sprint combustion turbine generator units in the United States with comparable Site conditions. 12.2 Storage of Unit(s). Seller and Purchaser recognize and agree that the period or periods during which any of the Units identified and listed by serial number in Exhibit P is placed in storage (a) by Seller pursuant to Section 10.2.7 or (b) by Purchaser, as agreed between Seller and Purchaser, shall not be considered, directly or indirectly, in determining the commencement of the Primary Warranty Period or the Extended Warranty Period, or both. 12.3 Maximum Period of Seller Liability. To the extent any Unit identified and listed by serial number in Exhibit P is placed in storage as contemplated in Section 12.2, the duration of such storage period shall be added, in the case of each such Unit, to the six (6)-year period identified in the last sentence of Section 27.1 for purposes of calculating the maximum duration of Seller's liability with respect to any such Unit and with respect to this Agreement. 12.4 No Effect on Cost, Schedule or Scope of Work. Seller and Purchaser agree that implementation of the provisions and agreements of this Article XII shall be at no additional cost or result in any other change or impact to or upon the Scope of Work, Purchase Amount or Guaranteed Unit Delivery Dates, or all of them.
|