July 21, 2006
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July 21, 2006
DEGS
O&M, LLC
000 Xxxx Xxxxxx Xxxxxx
0 Xxxxxx XX
Xxxxxxxxxx, Xxxx 00000
Attn: Xx. Xxxx Xxxxxxx, General Manager
Reference is made to the seven (7) Operation and Maintenance Agreements each dated September 13, 2004 (each an "Agreement", collectively the "Agreements") between DEGS O&M, LLC (formerly known as Cinergy Solutions O&M LLC) ("DEGS") and the KGcn project companies signatory hereto ("KGen Companies").
DEGS and each of the KGen Companies hereby agree that subject to the Lenders Consents described below, Section 6.4 of each Agreement is amended by replacing the reference to "sixty (60) days" contained therein to "one hundred twenty (120) days."
The amendment described above shall be effective upon the date that the KGen Companies notify DEGS that the KGen Companies have received all consents and approvals of its lenders necessary for the amendment of the Agreements contained herein ("Lenders Consents"). The KGen Companies agree that they shall provide DEGS prompt notice of their receipt of the Lender Consents.
Except as amended hereby, the Agreements shall remain in full force and effect.
[Signatures follow]
| KGEN ENTERPRISE LLC | KGEN NEW ALBANY LLC | |||||
By: |
/s/ Xxxxxx X. Xxxx Xxxxxx X. Xxxx Xx. Vice President—Operations |
By: |
/s/ Xxxxxx X. Xxxx Xxxxxx X. Xxxx Xx. Vice President—Operations |
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KGEN XXXXX LLC |
KGEN SANDERSVILLE LLC |
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By: |
/s/ Xxxxxx X. Xxxx Xxxxxx X. Xxxx Xx. Vice President—Operations |
By: |
/s/ Xxxxxx X. Xxxx Xxxxxx X. Xxxx Xx. Vice President—Operations |
|||
KGEN HOT SPRING LLC |
KGEN SOUTHAVEN LLC |
|||||
By: |
/s/ Xxxxxx X. Xxxx Xxxxxx X. Xxxx Xx. Vice President—Operations |
By: |
/s/ Xxxxxx X. Xxxx Xxxxxx X. Xxxx Xx. Vice President—Operations |
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KGEN XXXXXXXX LLC |
||||||
By: |
/s/ Xxxxxx X. Xxxx |
AGREED TO AND ACKNOWLEDGED BY: |
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| Xxxxxx X. Xxxx Xx. Vice President—Operations |
DEGS O&M, LLC |
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By: |
/s/ Xxxxx X. Xxxxxxx |
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Name: |
Xxxxx X. Xxxxxxx |
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Title: |
Vice President |
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