Exhibit 10.53
AMENDMENT TO SERVICES AGREEMENT
THIS AMENDMENT ("Amendment") to the March 17, 2000 Services Agreement between
Plug Power Inc. and General Electric Company is effective as of the 31st day
of December, 2000, by and between:
(1) PLUG POWER INC. (the "Buyer"), a corporation organized and existing under
the laws of Delaware and having a place of business at 000 Xxxxxx-Xxxxxx Xxxx,
Xxxxxx, Xxx Xxxx, 00000, XXX and
(2) GENERAL ELECTRIC COMPANY (the "Seller"), a corporation organized and
existing under the laws of the State of New York, U.S.A., having offices at 0
Xxxxx Xxxx, Xxxxxxxxxxx, Xxx Xxxx, 00000, XXX. (Buyer and Seller are referred
to individually herein as a "Party" and collectively as the "Parties").
WHEREAS, Buyer and Seller entered into a Services Agreement dated March
17, 2000 ("March 17 Agreement"), under which Seller agreed to perform certain
technical services and support for Buyer;
WHEREAS, Buyer and Seller entered into an Amendment to Services Agreement
dated September 18, 2000 (September 18 Amendment) that provided for Seller to
act as Buyer's agent in procuring certain fuel cell equipment, parts, and
components and for Seller to provide certain training services to Buyer;
WHEREAS, the September 18 Amendment will expire on December 31, 2000
unless modified;
WHEREAS, Buyer and Seller desire to further amend the March 17 Agreement
to extend the term of the September 18 Amendment through December 31, 2001 and
on an annual basis thereafter unless terminated earlier by Buyer or Seller;
NOW, THEREFORE, in consideration of the mutual promises stated herein,
the parties agree as follows:
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The September 18 Amendment shall continue and remain in full force and effect
until December 31, 2001, and year-to-year thereafter, unless and until
terminated by either Party pursuant to the terms therein.
Except as expressly set forth herein, this Amendment in no way alters or
affects any other term of the March 17 Agreement or any amendments thereto,
which otherwise remain in full force and effect.
IN WITNESS WHEREOF the Parties have caused this document to be executed by
their authorized representatives on the date first above written.
SELLER BUYER
GENERAL ELECTRIC COMPANY PLUG POWER INC.
By By
______________________________ ______________________________
(Signature) (Signature)
_________________________ _________________________
(Printed Name) (Printed Name)
_________________________ _________________________
(Title) (Title)
_________________ _________________
(Date) (Date)
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