Exhibit 2.(iii)
AMENDMENT
TO
LEASED EQUIPMENT PURCHASE AGREEMENTS
AND
ASSET PURCHASE AGREEMENT
__________________________________
This Amendment to Leased Equipment Purchase Agreement and
Asset Purchase Agreement ("this Amendment") is made this 13th day
of August, 1997, by and among Union Equipment, Inc. ("Union
Equipment"), Southeastern Utility Company ("Southeastern"),
Xxxxxxx Xxxxx ("Xxxxx"), Sub-Surface Construction Co. ("Seller")
and SEMCO Energy Construction Co. ("Buyer"), to amend the Leased
Equipment Purchase Agreements and the Asset Purchase Agreement
("the Agreements") entered into between the parties on August 9,
1997.
Union Equipment, Southeastern, Kniff, Seller and Buyer
agree that Section 10 of the Leased Equipment Purchase Agreements
and Section 14 of the Asset Purchase Agreement are amended to
clarify and provide that the liability of all Seller Parties to
Buyer under the indemnity provisions contained in Sections 10 of
the Leased Equipment Purchase Agreements and Section 14 of the
Asset Purchase Agreement is joint and several, and that any
damages actually incurred by Buyer under the Agreements shall be
aggregated for purposes of the Twenty-five Thousand Dollar
($25,000.00) basket and the maximum liability of all Seller
Parties of One Million Five Hundred Forty Thousand Dollars
($1,540,000.00).
IN WITNESS OF WHICH, each of the parties has executed and
delivered this Amendment this 13th day of August, 1997.
UNION EQUIPMENT, INC.
By Xxxxxxx Xxxxx
Its President
SOUTHEASTERN UTILITY COMPANY
By Xxxxxxx Xxxxx
Its Vice President
SEMCO ENERGY CONSTRUCTION CO.
By L. L. Xxxxxxx
Its President
SUB-SURFACE CONSTRUCTION CO.
By Xxxxxxx Xxxxx
Its President
Xxxxxxx Xxxxx