Exhibit 10.5
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TERMINATION OF RESERVATION OF RIGHTS AGREEMENT
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THIS TERMINATION OF RESERVATION OF RIGHTS AGREEMENT is entered into
effective as of the 31st day of August, 2006 (the "Effective Date"), by and
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between ENRON WIND SYSTEMS, LLC, a California limited liability company ("EWS"),
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and ZOND WINDSYSTEM PARTNERS, LTD. SERIES 85-A, A CALIFORNIA LIMITED PARTNERSHIP
("ZWP 85-A" and, together with EWS, the "Parties").
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RECITALS
A. As of February 15, 2006, EWS and ZWP 85-A entered into that certain
Reservation of Rights Agreement (the "Agreement").
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B. The Parties desire to terminate the Agreement.
AGREEMENT
1. In consideration of the premises and covenants herein set forth, the
Parties hereby terminate the Agreement effective as of the Effective Date.
2. All of the covenants, terms and conditions set forth herein shall be
binding upon and shall inure to the benefit of the parties hereto and their
respective successors and assigns.
EXECUTED as of the Effective Date.
PARTIES:
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ENRON WIND SYSTEMS, LLC,
a California limited liability company
By: Enron Wind LLC,
its sole member
By: Enron Renewable Energy Corp., its sole
member
By: /s/ Xxxxx X. Xxxxxx
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Xxxxx X. Xxxxxx, President and
Chief Executive Officer
ZOND WINDSYSTEM PARTNERS, LTD.
SERIES 85-A, A CALIFORNIA LIMITED
PARTNERSHIP
By: Zond Windsystems Management III LLC, its
general partner
By: /s/ Xxxxx X. Xxxxxx
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Xxxxx X. Xxxxxx, President
