Contract
Exhibit 4.18
SECOND AMENDMENT TO THE ELECTRIC POWER PURCHASE AND SALE AGREEMENT — EPPSA-011/2004, CELEBRATED BETWEEN COMPANHIA HIDRO ELÉTRICA DO SÃO FRANCISCO-CHESF AND BRASKEM S.A.-UNIB-BA, DATED AS OF 10/20/2004.
By this instrument, the PARTIES
COMPANHIA HIDRO ELÉTRICA DO SÃO FRANCISCO — CHESF, a public services concessionaire engaged in the supply of electric power, with headquartered in the city of Recife, in the state of Pernambuco, at Xxx Xxxxxxx Xxxxxxx, n° 333, Bairro do Bongi, enrolled before the CNPJ of the Ministry of Finance under no 33.541.368/0001-16, and enrolled before the state tax office under no 18.1.001.0005584-6, hereinafter simply referred to as “CHESF” and represented herein pursuant to its Bylaws by its Directors, described and undersigned at the end of the agreement; and
BRASKEM S.A. – UNIB-BA, with headquarters in the city of Camaçari, in the state of Bahia, at Xxx Xxxxx, xx 0000, Xxxxxxxx Petrochemical Complex, enrolled before the CNPJ of the Ministry of Finance under no 42.150.391/0001-70, and enrolled before the state tax office under no 01.027.389-NO, hereinafter referred to simply as “CONSUMER”, represented herein pursuant to its Bylaws by its Directors, described and undersigned at the end of the agreement.
WHEREAS
| • | pursuant to the Electric Power Purchase and Sale Agreement – EPPSA–011/2004, hereinafter referred to as AGREEMENT celebrated between the PARTIES on October 20, 2004, which sets forth that, each year, the electric power reserve will be updated to be effective as of January of the subsequent year, |
have decided to celebrate the 2nd Amendment to the AGREEMENT pursuant to the following clauses and conditions:
FIRST CLAUSE – This Amendment (“AMENDMENT”) purports to update the ELECTRIC POWER RESERVE CHART of the Annex I of the First Amendment to the AGREEMENT.
SECOND CLAUSE — The amounts corresponding to the period between January 2006 and December 2010, referred to in the ELECTRIC POWER RESERVE CHART of the Annex I of the First Amendment to the AGREEMENT are replaced herein by the amounts referred to in the ELECTRIC POWER RESERVE CHART of the Annex I of this Amendment.
THIRD CLAUSE — All the remaining conditions set forth in the AGREEMENT as well as its Amendment remain unchanged and fully valid as regards everything that do not conflict, explicitly or implicitly, with this document.
1
And, in witness whereof, the PARTIES have celebrated this AMENDMENT in two (2) counterparts, each considered to be an original, in the presence of the undersigned witnesses.
Recife, December 30, 2005.
| Companhia Hidro Elétrica do São Francisco – CHESF |
| /s/ Xxxxxx xx Xxxxx Xxxxxxxx |
| Xxxxxx xx Xxxxx Xxxxxxxx Director-President CPF: 000.000.000-00 |
| /s/ Mozart Bandeira Arnaud |
| Mozart Bandeira Arnaud Operations Director CPF: 000.000.000-00 |
| Consumer: Braskem S.A. – UNIB-BA |
| /s/ Xxxxxxxx Xxxxxx xx Xxxxxxx Xxxxxx |
| Xxxxxxxx Xxxxxx xx Xxxxxxx Xxxxxx Director CPF: 000.000.000-00 |
| /s/ Xxxxxxx xx Xxxx Xxxxx Xxxxxx |
| Xxxxxxx de Xxxx Xxxxx Xxxxxx Power Manager/Attorney in Fact CPF: 000.000.000-00 |
Witnesses:
Name:
CPF:
| /s/ Xxx Xxxxx Xxxxx Xxxxx Xxxxxxxx |
| Name: Xxx Xxxxx Xxxxx Xxxxx Xxxxxxxx CPF: 000.000.000-00 |
2
ELECTRIC POWER RESERVE CHART – ANNEX I
Annex to the Second Amendment of the Electric Power Purchase and Sale Agreement, EPPSA-011/2004, celebrated between CHESF and BRASKEM – UNIB-BA, on 10/20/2004.
| period of supply |
period of the year |
ELECTRIC POWER RESERVE (AMOUNTS IN kW) | ||||||
| item |
month/year |
peak |
off Peak | |||||
| 1 | Jan to Apr/2006 | Wet | 69,000 | 125,000 | ||||
| 2 | May to Nov/2006 | Dry | 69,000 | 125,000 | ||||
| 3 | Dec/2006 | Wet | 69,000 | 125,000 | ||||
| 4 | Jan to Apr/2007 | Wet | 85,000 | 150,000 | ||||
| 5 | May to Nov/2007 | Dry | 85,000 | 150,000 | ||||
| 6 | Dec/2007 | Wet | 85,000 | 150,000 | ||||
| 7 | Jan to Apr/2008 | Wet | 85,000 | 150,000 | ||||
| 8 | May to Nov/2008 | Dry | 85,000 | 150,000 | ||||
| 9 | Dec/2008 | Wet | 85,000 | 150,000 | ||||
| 10 | Jan to Apr/2009 | Wet | 85,000 | 150,000 | ||||
| 11 | May to Nov/2009 | Dry | 85,000 | 150,000 | ||||
| 12 | Dec/2009 | Wet | 85,000 | 150,000 | ||||
| 13 | Jan to Apr/2010 | Wet | 85,000 | 150,000 | ||||
| 14 | May to Nov/2010 | Dry | 85,000 | 150,000 | ||||
| 15 | Dec/2010 | Wet | 85,000 | 150,000 | ||||
3
