Amended Letter Agreement
Exhibit 10.9
Amended Letter Agreement
Amergy Solar
0000 Xxxxxxxx Xx
Xxxxxxxx Xxxxxxxx, XX 00000
Green Stream Holdings, Inc.
000 X. Xxxxx Xxxxxx, Xxxxx 000
Xxxxxxxx, XX 00000
Dear Xxxxx XxXxxxx,
This Amended Letter Agreement (the “Amendment”) amends the Letter Agreement dated that we reached on October 29, 2020 (the “Agreement”). If this Amendment is acceptable to you, please sign below in the space designated for your signature.
1. Agreement
It is my understanding we have agreed to the following:
2. Term
The term of the Agreement (“Term”) will commence as of November 2, 2020 and will continue in effect until November 2, 2021, at which point it will terminate, unless the Term is extended or terminated earlier in a written document signed by both of us in the manner described in Paragraph 5 of this Agreement or as otherwise provided for in this Agreement
3. No Other Agreement
This Amendment contains the entire agreement between us. No part of this Amendment may be changed, modified, amended or supplemented except in a written document, signed by both of us which specifically states that the document is being signed for the purposes of modifying this Agreement. Each of us acknowledges and agrees that the other has not made any representations, warranties or agreement of any kind, except as is expressly described in this Agreement.
4. Projects
The Amendment shall cover the projects that you request from time to time.
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5. Scope of Work
Amergy Solar will provide the EPC work for projects upon your request including the NYSERDA and utility interconnection applications. Green Stream Holdings, Inc will use Renewable Energy Development for the solar designs and the local NY building and electrical permitting.
6. Retainer Fee
Green Stream Holdings, Inc. will pay Amergy Solar five thousand dollars ($5,000) as a retainer to begin work on a project. As the work progresses we will enter into a separate solar agreement for each individual project that will be signed between Amergy Solar and Green Stream Holdings, Inc.
7. Governing Law
This Agreement shall be interpreted in accordance with the laws on New Jersey. In interpreting this contract, we each hereby acknowledge that we have mutually agreed to the terms of this Agreement and thus waive the protections of any law or statute which provides that in case of uncertainty not removed by the laws relating to the interpretation of the contracts, the language of a contract should be interpreted against the drafter of the contract. Further, we agree that in the event that any one or more of the provisions of this agreement shall be found invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not be in any way affected or impaired.
8. Remedy of the Parties
Except as otherwise specifically provided for in this Agreement, in the event one of us is in default or in breach of any of the material provisions of this Agreement and fails to cure the default or breech within ten (10) days after written notice of such default or breech by the other, the non-breeching party shall have the right to terminate this Agreement.
9. Assignment
This Agreement shall only be assignable or transferable by one party upon the written approval of the other.
10. Relationship of the Parties
It is understood and agreed that this Agreement does not create a partnership, joint venture, or employment relationship of any kind between us; that each of us is acting as independent contractors with respect to each other; and that none of the employees of either of us will be deemed to be employees of the other for any purpose.
11. Termination
Either party shall have the right, forthwith and without further notice, to terminate this Agreement by written notice to the other, upon the occurrence of any of the following events:
(A) A breach or default of a provision of this Agreement.
(B) A Force Majeure Event that continues for a period of thirty (30) days; or
(C) The bankruptcy of either of party during the Term.
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Customer has the right to cancel the agreement within 3 days of contract signing in writing to:
Amergy Solar Inc. 0000 Xxxxxxxx Xx., Xxxxx 000, Xxxxxxxx Xxxxxxxx, XX 00000
YOUR SIGNATURE BELOW INDICATES THAT YOU HAVE RECEIVED, THOROUGHLY READ AND UNDERSTOOD, AND AGREED TO ALL TERMS AND CONDITIONS IN THE EIGHT (3) PAGES OF THIS CONTRACT.
For and on Behalf of Amergy Solar
/s/ Xxxxx DeCicco______
Name: Xxxxx XxXxxxx
Date: July 26, 2021
For and on Behalf of Green Stream Holdings, Inc.
/s/ Xxxxx DiPrima_______
Name: Xxxxx XxXxxxx
Date: July 26, 2021
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