Indicates material has been omitted pursuant to a Confidential Treatment Request filed with the Securities and Exchange Commission. A complete copy of this agreement has been filed separately with the Securities and Exchange Commission.
EXHIBIT
10.35
*** Indicates
material has been omitted pursuant to a Confidential Treatment Request filed
with the Securities and Exchange Commission. A complete copy of this
agreement has been filed separately with the Securities and Exchange
Commission.
[Letterhead
of Consolidated Edison Company of New York, Inc.]
October
30, 2009
Via
Fax and Federal Express
Public
Energy Solutions, LLC
00 Xxxxxx
Xxxxxx
Xxxxxxxxx,
XX 00000
Attention: Xxxxx
Xxxxxxxx
Re: Amendment of Demand Side
Management Agreement
Gentlemen:
Reference
is made to the Demand Side Management Agreement (the “Agreement”), dated as of
February 6, 2008, as amended, between Consolidated Edison Company of New York,
Inc. (“Con Edison”) and Public Energy Solutions, LLC
(“Contractor”). Capitalized terms used herein without definition
shall have the respective meanings ascribed to them in the
Agreement.
The
following, when confirmed by you, shall serve to set forth our agreement to
amend the Agreement, as follows:
|
1.
|
In
Exhibit B, the chart containing the Contract Load Reduction Guaranty, LRCD
and LRED and the Security B Amount and related payment date for each of
the Electric Network Periods applicable to the East 13th
Street Load Area shall be deleted and the following chart shall be
substituted in lieu thereof:
|
|
5/1/2010
LRCD
to 4/30/2012 LRED
|
5/1/2011
LRCD
to 4/30/2012 LRED
|
5/1/2012
LRCD
to 4/30/2013 LRED
|
|
|
Load Areas/Networks (“Electric Network” as
defined in the Agreement)
|
|||
|
Xxxx
00xx
Xxxxxx-Xxxxxxxxx (Xxxxxx Square /City Hall / Chelsea / Madison
Square / Greeley Square / Kips Bay / Greenwich / Sheridan Square/ Canal /
Park Place)
|
***
KW CLRG
(Security
B Amount of $*** due on or before 1/1/2010)
|
***
KW CLRG
(Security
B Amount of $*** due on or before 1/1/2011)
|
***
KW CLRG
(Security
B Amount of $*** due on or before
1/1/2012)
|
1
|
2.
|
Simultaneously
with the execution of this letter agreement by Contractor, Contractor’s
parent, Comverge Inc., shall execute and deliver to Con Edison a Guarantee
in the form of Exhibit A hereto. Such guarantee shall be in
addition to, and not in lieu of, the Security A Amounts and the Security B
Amounts required to be posted by PES pursuant to the DSM
Agreement.
|
|
3.
|
Except
as set forth above, the Agreement shall remain in full force and effect,
without change or modification.
|
Please
confirm your agreement to the foregoing by signing the enclosed copy of this
letter and returning it to the undersigned.
Very
truly yours,
CONSOLIDATED
EDISON COMPANY OF NEW
YORK,
INC.
By: /s/ Xxxx
XxXxxxx
Print
Name: Xxxx
XxXxxxx
Title:
Executive
VP
CONFIRMED
AND AGREED TO:
PUBLIC
ENERGY SOLUTIONS, LLC
By: /s/ Xxxxx X.
Xxxxxxxx
Print
Name: Xxxxx X.
Xxxxxxxx
Title:
President Public
Energy Solutions LLC
Date:
October 30,
2009
304181
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