Exhibit 10.23
December 20, 1990
Xxxxxx X. Xxxxxx
President
Environmental Power Corporation
00xx Xxxxx, Xxxxxxxx Xxxxx
Xxxxxx, Xxxxxxxxxxxxx 00000
Re: Scrubgrass Power Purchase Agreement Dear Xx. Xxxxxx:
Based upon information provided by Scrubgrass Power Corporation ("SPC")
to Pennsylvania Electric Company ("Penelec"), Penelec agrees, with respect to
the Agreement of Sale of Electric Energy from the Scrubgrass Generating Plant
dated August 7, 1987 between SPC and Penelec, as amended and supplemented by the
Supplemental Agreement dated February 22, 1989 between Penelec and SPC, as
further amended by the letter agreement between Penelec and SPC dated March 28,
1989, as further amended and supplemented by the Second Supplemental Agreement
dated September 27, 1989 between Penelec and SPC, as further amended and
supplemented by the Third Supplemental Agreement dated August 13, 1990 between
Penelec and SPC, and as further amended by an Amendment to the Third
Supplemental Agreement dated November 27, 1990 between Penelec and SPC
(collectively the "Agreement"), as follows:
1. Section G, paragraph 1 is hereby modified to provide that SPC shall
procure Business Interruption Insurance and Property Hazard Insurance
no later than the close of construction financing and release of funds.
2. Section G, paragraph 1(f) is hereby modified to provide that SPC shall
provide Penelec with a properly executed certificate of Property Hazard
Insurance within thirty (30) days following close of construction
financing and release of funds.
3. Section H, paragraph 5 is hereby modified to provide that within thirty
(30) days after the Effective Date, SPC shall submit interconnection
plans and specifications (including single line diagrams and control
and protective relay schemes as well as plans
and specifications for the Transmission Line) to Penelec for inspection
and acceptance.
4. Section Q, paragraph 3 is hereby modified to provide that SPC and all
general contractors performing any services in connection with the
construction and/or operation of the Facility or any appurtenant
equipment (including the Transmission Line) shall procure worker's
compensation, employer's liability, comprehensive general liability,
including bodily injury liability, property damage liability and the
other coverages (as specified), and automobile liability, including
bodily injury liability and property damage liability coverage (as
specified), at close of construction financing and release of funds.
5. All defined terms in the Agreement shall be equally applicable to this
letter agreement unless otherwise stated herein.
6. Unless specifically stated otherwise in this letter agreement, the
Agreement shall remain in full force and effect and binding in
accordance with its terms.
Sincerely,
/s/Xxxx X. Xxxxx
Xxxx X. Xxxxx
Agreed To and Accepted:
/s/ Xxxxxx X. Xxxxxx
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Scrubgrass Power Corporation