Contract
Exhibit 10.11
Xxxxxxxx Xx. 00 to the Contract of Potency Reserve and Supply of Electric Power, executed by and between Companhia Hidro Elétrica do São Francisco — CHESF and Trikem S/A, on 06/02/1998. |
COMPANHIA HIDRO ELÉTRICA DO SÃO FRANCISCO, operator of electric power public services, established in the City of Recife, State of Pernambuco, at Xxx Xxxxxxx Xxxxxxx number 333, District of Bongi, enrolled in the Taxpayers’ General Registry of the Ministry of Finance under number 33 541 368/0001-16 and in the Fiscal Registry of the State of Pernambuco under number 18 1 001 0005584-6, hereinafter referred to as CHESF, and TRIKEM S/A, with its industrial facilities in the Municipality of Maceió, State of Alagoas, enrolled in the Taxpayers’ General Registry of the Ministry of Finance under number 13 558 226/0013-98 and in the Fiscal Registry of the State of Alagoas under number 240 07111-5, hereinafter referred to as CONSUMER, the parties being represented by their Directors who signed “in-fine”, have mutually adjusted this ADDENDUM TO THE CONTRACT OF POTENCY RESERVE AND SUPPLY OF ELECTRIC POWER, according to the following clauses:
1st CLAUSE
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The subject matter of this addendum is to set forth the replacement of demand corresponding to the “Compensation of the electric energy block that was not consumed by TRIKEM-UCS-AL during the scheduled stoppage for maintenance in the period from 09/22/99 through 09/28/99, as follows: |
1. | Keep the demand amounts, contracted for both peak and out of peak segments, at the present amount, which is 165,000 kW. | |||
2. | The tolerance for calculating the excess demand is 5% (five percent) of the contract’s value for both peak and out of peak segment, and corresponds to 8,250 kW. | |||
3. | For the replacement period, TRIKEM-UCS-AL’s consumption history will be observed, where it is verified the demand record close to the 5% limit over the contract. | |||
4. | During the replacement period, from 00:00h of 01/01/2000 through 24:00h of 01/31/2000, for both peak and out of peak segments, the following conditions are agreed: |
4.1. | The demand amount measured, or equivalent, up to the limit of 173,000 kW (value historically practiced, updated to the new value of the contract) will be considered as firm demand for billing purposes. | |||
4.2. | The demand amount measured, or equivalent, in excess of 173,000 KW, up to the limit of 178,000 KW, will be deemed to be replacement demand, which will not be billed. | |||
4.3. | The demand amount measured, or equivalent, in excess of 178,000 KW, up to the limit of 178,250 KW, will be considered as firm demand for billing purposes. | |||
4.4. | If the limit of 178,250 KW (contract demand plus replacement demand plus tolerance limit) is exceeded, the demand amount measured, or equivalent, in excess of 170,000 KW (contracted demand plus replacement demand) will be considered as excess |
for billing purposes. | ||||
4.5. | The consumption effectively measured, or equivalent, will be considered as firm for billing purposes. | |||
4.6 | In the case of operational restrictions, CHESF might request the return of demand to the contract’s level, without such event implying in postponement of this addendum, or any other kind of compensation by CHESF. |
2nd CLAUSE
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The other clauses in the contract hereby appended, remain unchanged with respect to all provisions that do not expressly or implicitly are conflicting herewith. |
Being thus agreed, the parties sign this instrument on 02 (two) copies of equal content and configuration, in the presence of the witnesses indicated.
Recife, December 31, 1999
COMPANHIA HIDRO ELÉTRICA DO SÃO FRANCISCO — CHESF
(Signed by) Mozart xx Xxxxxxxx Xxxxxx Xxxxxx, Director President |
(Signed by) Paulo de Tarso da Costa, Operations Director |
TRIKEM S/A.
(Signed by)
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(Signed by) | |
XXXXXXX URDANIZ DEIRO,
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XXXXX XXXXXX XXXXXXXXXX XXXX, | |
Director
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Production Manager of the Chlorine Soda Plant | |
WITNESSES: |
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(Signed by) Xxxxxxx de Xxxx Xxxxx Xxxxxx, |
(Signed by) Xxxx Xxxxxxxx xx Xxxxxx Xxxxxxxx Xxxx |