Contract
EXHIBIT 10.2
*** Indicates material has been omitted pursuant to a Confidential Treatment Request filed with the Securities and Exchange Commission. A complete copy of this agreement has been filed separately with the Securities and Exchange Commission.
AMENDMENT NO. #01
EFFECTIVE AUGUST 18, 2009
TO
FOR
TXU ENERGY'S
2009 iTHERMOSTAT PROGRAM
AN INTERNET BASED LOAD MANAGEMENT SYSTEM
WITH ZIBEE HOME AREA NETWORK
BY AND BETWEEN
COMVERGE INC.
AND
TXU ENERGY RETAIL COMPANY LLC
DATED APRIL 15, 2009
CONTRACT NO. C 0600559 C
Redacted Version
AMENDMENT NO. #01
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The Effective Date of the Amendment is August 18, 2009
This Amendment modifies, alters or changes specific terms and
conditions of Contract No. C 0600559 C ("Agreement") that exists
between the parties hereto. Except as modified in this Amendment or previous amendments, the Agreement will remain in full force and effect.
The Agreement is modified as follows:
Attachment 1 "Statement of Work Document" to the Agreement is
being modified as follows:
The following language is hereby added to the end of the first paragraph of "Introduction and Background":
CONTRACTOR will also be providing hardware, software and professional services for the COMPANY iThermostat project in support of Commercial and Industrial customers.
The second paragraph of Article 1. "Hardware" IS hereby
deleted and replaced with the following:
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The following new language is hereby inserted as a new
subsection, entitled "C & I Portal Scope," into Article 1
"Hardware" :
C & I PORTAL SCOPE:
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EFFECTIVE DATE
PURPOSE
MODIFICATIONS
ATTACHMENT 1
INTRODUCTION AND
BACKGROUND
HARDWARE
C & I PORTAL SCOPE
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AMENDMENT NO. #01
The cost of the C & I Portal is hereby inserted into the "Pricing/ Budget" provision as a new line item: BUDGET/PRICING
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Description
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Pricing
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Unit
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#Units
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Sub-Totals
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The parties have signed this Amendment acknowledging their agreement to its provisions as of the effective Date.
Comverge Inc. TXU Energy Retail Company LLC
By: ___/s/ Xxxxxx Vos____________________ By: _/s/ Xxxxx X. Perry___________________
Signature Signature
Name: _Arthur Vos_____________________ Name: ___Nancy F. Perry_________________
Title: _Executive Vice President, CTO_____ Title: ___________VP____________________
Date: __January 13, 2010________________ Date: ___1/15/10________________________
