July 21, 2006
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July 21, 2006
Duke
Energy Xxxxxx Operating, LLC
000 Xxxx Xxxxxx Xxxxxx
0 Xxxxxx XX
Xxxxxxxxxx, Xxxx 00000
Attn: Xx. Xxxx Xxxxxxx, Contract Manager
Reference is made to the Operation and Maintenance Agreement dated August 5, 2004 ("Agreement") between Duke Energy Xxxxxx Operating, LLC ("DEMO") and KGen Xxxxxx I and II LLC ("KGen Xxxxxx").
DEMO and KGen Xxxxxx, hereby agree that subject to the Lenders Consents described below, Section 6.5 of the 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 KGen Xxxxxx notifies DEMO that KGen Xxxxxx has received all consents and approvals of its lenders necessary for the amendment of the Agreement contained herein ("Lenders Consents"). KGen Xxxxxx agrees that it shall provide DEMO prompt notice of its receipt of the Lender Consents.
Except as amended hereby, the Agreement shall remain in full force and effect.
[Signatures follow]
| KGEN XXXXXX I AND II LLC | ||||||
By: |
/s/ Xxxxxx X. Xxxx Xxxxxx X. Xxxx Xx. Vice President—Operations |
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AGREED TO AND ACKNOWLEDGED BY: |
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DUKE ENERGY XXXXXX OPERATING LLC |
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By: |
/s/ Xxxxx X. Xxxxxxx |
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Name: |
Xxxxx X. Xxxxxxx |
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Title: |
Contract Manager |
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