CHANGE ORDER FORM (for use when the Parties execute the Change Order pursuant to Section 32 of the General Conditions)
Exhibit 10.41
CHANGE ORDER FORM
(for use when the Parties execute the Change Order pursuant to Section 32 of the General Conditions)
PROJECT NAME: |
Xxxxxx Xxxx LNG Project (Phase 2) | |
CHANGE ORDER NUMBER: |
004 | |
DATE OF CHANGE ORDER: |
October 24, 2008 | |
PURCHASER: |
Sabine Pass LNG, L.P. | |
TANK CONTRACTOR: |
Diamond LNG, LLC and Xxxxxx Construction Corporation | |
CONTRACT NO. |
25279-004-OC2-MTD0-00002 | |
DATE OF AGREEMENT: |
July 21, 2006 |
The Agreement between the Parties listed above is charged as follows: (attach additional documentation if necessary)
Description:
A) Schedule: As a result of ALL Force Majeure events that occurred from July 1, 2007 to August 31, 2008, fifteen (15) working days have been granted (Refer to attached ZD-SPLNG-0043, CO Request, Pre Ike force majeure Delays, dated October 22, 2008), the TANK CONTRACT Milestone Dates are modified as follow:
a. | Target Milestone Date for Mechanical Completion (TARGET): |
i. | Tank S-104 from March 20, 2009 to April 10, 2009 |
ii. | Tank S-105 from May 30, 2009 to June 20, 2009 |
b. | Mechanical Completion and Ready for Cold Down (RFCD): |
i. | Tank S-104 from May 19, 2009 to June 9, 2009; |
ii. | Tank S-105 from July 29, 2009 to August 19, 2009. |
B) Pricing & Cost:
1) | Increase the TANK CONTRACT Lump Sum Price by a total Lump Sum of $800,000 for the change in the exterior coating of the LNG Tanks. Refer to attached ZD-SPLNG-0038, Change Order Request for Alternative Paint System, dated September 9, 2008 and in accordance and full compliance with PBC Proposal 2008-402-I-RC Recommended Cleaning and Painting Specifications (Proposal dated July 24, 2008). |
2) | Revise the TANK CONTRACT Louisiana Sales and Use Tax Allowance from $5,349,473 to $3,349,473. This Change Order revises only the amount of the Louisiana Sales and Use Tax Allowance, and is not the actual amount of Louisiana Sales and Use Tax paid by Tank Contractor. |
Adjustment to Contract Price:
|
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The original contract price was |
$ | 139,086,293 | ||
Net Change by previously authorized Change Orders |
$ | 1,726,254 | ||
The Contract Price prior to this Change Order |
$ | 140,812,547 | ||
The Contract Price will be decreased by this Change Order amount of |
$ | (1,200,000 | ) | |
The New Contract Price including this Change Order will be |
$ | 139,612,547 | ||
Upon execution of this Change Order by Sabine Pass LNG, L.P. and Diamond LNG, LLC and Xxxxxx Construction Corporation the above referenced change shall become a valid and binding part of the original agreement without exception or qualification unless noted in this Change Order. Except as modified by this and any previously issued Change Orders, all other terms and Condition of the Agreement shall remain in full force and effect. This Change Order is executed by each of the Parties’ duly authorized representatives.
Purchaser: |
Tank Contractor: | |||||||
Sabine Pass LNG, L.P. |
Diamond LNG, LLC and Xxxxxx Construction | |||||||
Corporation | ||||||||
By: | Sabine Pass LNG-GP, Inc., |
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Its general partner |
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Authorized Signature: | /s/ Xx Xxxxxxxx | Authorized Signature: | /s/ Xxxxxxxx Xxxxxxx | |||||
Name: |
Xx Xxxxxxxx | Name: | Xxxxxxxx Xxxxxxx | |||||
Title: |
VP LNG Proj Mgt | Title: | VP. Commercial | |||||
Date of Signing: |
24 Nov 2008 | Date of Signing: | Dec. 4, ‘08
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