Exhibit 10.8(b)
---------------
AMENDMENT NO. 1
TO THE
POWER PURCHASE CONTRACT
BETWEEN
SOUTHERN CALIFORNIA EDISON COMPANY
AND
ZOND SYSTEMS, INC
MONOLITH I
ZOND#63/1MONOAM
9/16/85 #2
AMENDMENT NO. 1
POWER PURCHASE CONTRACT
BETWEEN
SOUTHERN CALIFORNIA EDISON COMPANY
AND
ZOND SYSTEMS, INC.
1. PARTIES: This Amendment No. 1 to the Power Purchase Contract between
Southern California Edison Company and Zond Systems, Inc. - Monolith I
("Contract"), is entered into by Southern California Edison Company
("Edison"), a California corporation, and Zond Systems, Inc., a California
corporation "Seller"), individually "Party," collectively "Parties."
2. RECITALS: This Amendment No. 1 to the Contract is made with reference to
the following facts, among others:
The Contract was executed between Southern California Edison Company
and Zond Systems, Inc., as of the 22nd day of June, 1984.
Seller wishes to amend the Contract to reflect their current
development plans
2.3 Edison is willing to amend the Contract to reflect the Seller's
current development plans
2.4 Concurrent with this Amendment No. 1, Edison and Seller have agreed to
terminate four previous Power Purchase Contracts, dated June 22, 1984,
designated Monolith III, Monolith IV, Monolith V and Monolith VI, to
effectively transfer capacity to be produced under those Power
Purchase Contracts from those Power Purchase Contracts to account for
the increase in capacity to be produced under this Contract.
3. Agreement: The Parties agree to amend the Contract as follows:
3.1 Section 1.2.a. is amended to change the nameplate rating from
"7,000 kW to "17,000 kW"
APPROVED AS TO FORM:
XXXX X XXXX
General Counsel
By /s/ Xxxxxxx X. Dozir
----------------------
Attorney
September 19, 1985
ZOND#63/1MONOAM
9/16/85 #2
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Section 1.5 is amended to change Contract Capacity from "7,000 kW" to
"17,000 kW"
Section 1.5.1 is amended to change estimated as-available capacity
from "7,000 kW" to "17,000 kW"
Section 1.6 is amended to change expected annual production from
"24,000,000 kWh" to "58,000,000 kWh"
4. Other Contract Terms and Conditions: Except as expressly amended, the terms
and conditions of the original Contract shall remain in full force and
effect
5. Effective Date: This Amendment No. 1 shall become effective when it has
been duly executed by the Parties
6. Signature Clause: The signatories hereto represent that have been
appropriately authorized to enter into this Amendment No. 1 to the
Contract on behalf of the Party for whom they sign. This Amendment No. 1
to the Contract is hereby executed as of this 20th day of September, 1985
APPROVED AS TO FORM: SOUTHERN CALIFORNIA EDISON COMPANY
XXXX X XXXX
General Counsel
By /s/ Xxxxxxx X. Dozir By /s/ Xxxxxx X. Xxxxx
---------------------- --------------------------------
Attorney Xxxxxx X. Xxxxx, Xx.,
September 19, 1985 Vice President
ZOND SYSTEMS, INC
By /s/ Xxxxxx X. Xxxxxxxx
--------------------------------
Xxxxxx X. Xxxxxxxx,
Senior Vice President
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