DATED THIS 25TH DAY OF January, 2008 BETWEEN PLANT BIOFUELS CORPORATION SDN BHD (Company No. 625499-X) (Contract Awarder) AND OIL-LINE ENGINEERING & ASSOCIATES SDN BHD (Company No. 193811-U) (Contractor) SECOND SUPPLEMENTARY AGREEMENT [to the contract...
Exhibit 10.17
DATED THIS 25TH DAY OF January, 2008
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BETWEEN
PLANT BIOFUELS CORPORATION SDN BHD
(Company No. 625499-X)
(Contract Awarder)
AND
OIL-LINE ENGINEERING & ASSOCIATES SDN BHD
(Company No. 193811-U)
(Contractor)
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[to the contract agreement dated 18th January 2007 and
supplemental agreement dated 13th February 2007]
[In relation to the construction and development of one (1) 100,000 metric
tones per year biodiesel plant at Xxx Xx. 000X, Xxxxxx Xxxxxxxxxx Xxxx,
Xxxxx Xxxxxx Karang, Daerah Kuantan, Pahang Darul Makmur]
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Second Supp Agmt/PlantBiofuel/XXXX/2008
THIS SUPPLEMENTAL AGREEMENT is made this day of , 2008
BETWEEN
PLANT BIOFUELS CORPORATION SDN BHD [Company No. 625499-X] a company incorporated in Malaysia under the Companies Act, 1965 and having its business address at Xxx 000, 0xx Xxxxx, XXX Xxxxxx, Xx.0, Xxxxx Perbandaran Kelana Jaya, 47301 Petaling Jaya, Selangor Darul Ehsan (“Contract Awarder”) of the one part;
AND
OIL-LINE ENGINEERING & ASSOCIATES SDN BHD (Company No. 193811-U) a company incorporated in Malaysia under the Companies Xxx 0000 and having its business address at No.2-2, Xxxxx XX0/0, Xxxxxx Xxxx, 00000 Xxxxxxxx Xxxx, Xxxxxxxx Darul Ehsan (“the Contractor”) of the other part.
WHEREAS:-
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(1)
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The Project
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The Contract Awarder has engaged the Contractor to construct and develop one (1) 100,000 metric tones per year biodiesel plant at Xxx Xx. 000X Xxxxxx Xxxxxxxxxx Xxxx, Xxxxx Xxxxxx Karang, Daerah Kuantan, Pahang Darul Makmur [“the Project”].
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(2)
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The Contract Agreement
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By an agreement dated the 18th day of January, 2007 made between the Contract Awarder and the Contractor [“Contract Agreement” as amended by supplemental agreement dated 13th February 2007], the Contract Awarder had agreed to grant and the Contractor had agreed to accept a contract to undertake the Project upon the terms and conditions therein provided.
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[3]
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Additional Work
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At the request of the Contract Awarder and pursuant to several concluded technical discussions between the Contract Awarder and the Contractor, the Contractor has agreed to undertake the construction of a tank farm consist of biodiesel, crude palm oil, glycerine and chemical tanks; and its associated pipings within the tank and to the process plant as indicated in the equipment schedule, drawing no: JMS0606/PBSB/G/LP-001 [“the Additional Work”].
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NOW THIS ADDITIONAL WORK AGREEMENT WITNESSETH as follows:-
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[1]
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ADDITIONAL CONTRACT PRICE
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The contract value of the Additional Work has been determined to be Ringgit Malaysia Twenty Million only [RM20,000,000.00].
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[2]
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COMMENCEMENT DATE & COMPLETION DATE
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The date on which the Contractor shall commence the Additional Work shall be 28th Jan 2008 and shall complete the Additional Work within a six [6] months period with effect from the hereof.
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[3]
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CONTRACT AGREEMENT TO REMAIN IN EFFECT
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Subject to the amendments and variations set out herein, the terms and conditions of the Contract Agreement (as amended by supplemental agreement dated 13th February 2007) shall remain in full force and effect and this Supplemental Agreement shall as from the date hereof be taken, read and construed as an essential and integral part of the Contract Agreement ( as amended by supplemental agreement dated 13th February 2007). Unless expressly defined herein or unless the context otherwise requires, words and expressions used in this Supplemental Agreement shall have the same meanings as defined in the Contract Agreement (as amended by supplemental agreement dated 13th February 2007).
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(THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK)
IN WITNESS WHEREOF the parties hereunto have hereunto dully set their hands the day and year first above written.
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Signed by
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DATO’ XXXXX XXXXXX BIN
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DATO’ JAAFAR
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For and on behalf of
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PLANT BIOFUELS
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CORPORATION SDN. BHD.
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(Company No. 625499-X)
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in the presence of:-
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)
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Signed by
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NG HUAT CHAI
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For and on behalf of OIL-LINE
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ENGINEERING& ASSOCIATES
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SDN BHD
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(Company No. 193811-U)
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in the presence of:-
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)
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