Exhibit 10.13(c)
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SECOND AMENDMENT TO
SUBLEASE
This Second Amendment to Sublease (this "Amendment") is dated as of July
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10, 2006 by and between Enron Wind Systems, LLC ("EWS"), the successor by merger
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to Enron Wind Systems, Inc., which was formerly known as Zond Systems, Inc., and
Zond Windsystem Partners, Ltd. Series 85-A, a California limited partnership
(the "Partnership").
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RECITALS
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A. WHEREAS, EWS and the Partnership are parties to that certain Sublease
dated as of August 30, 1990, as amended (the "Sublease"), pursuant to
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which EWS has subleased to the Partnership forty-one (41) wind turbine
site locations on land leased by EWS under that certain Lease and Royalty
Agreement for Meteorological Research Sites and the Construction and
Operation of Wind Energy Conversion Systems (the "Lease") by and between
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the Xxxx X. Xxxxxx Family Trust and EWS, as successor by merger to Enron
Wind Systems, Inc.
B. WHEREAS, the term of the Sublease expires June 30, 2006 (the "Sublease
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Termination Date").
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C. WHEREAS, EWS and the Partnership desire to extend the Sublease Termination
Date to September 30, 2006.
AGREEMENT
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NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, EWS and the Partnership agree as follows:
1. Amendment to Sublease. Section 4 of the Sublease is hereby amended as by
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deleting the date "June 30, 2006" that appears therein and replacing it
with the date "September 30, 2006."
2. Governing Law. The terms and provisions of this Amendment shall be
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governed by and construed in accordance with the laws of the State of
California.
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3. Counterparts. This Amendment may be executed in counterparts, each of
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which shall be deemed an original and all of which, when taken together,
shall constitute one and the same document.
4. Effective Date. This Amendment shall be effective as of June 30, 2006 and
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the Sublease shall be deemed amended by this Amendment as of such date.
IN WITNESS WHEREOF, each of the parties to this Amendment has executed this
Amendment on the date first set forth above.
EWS Partnership
Enron Wind Systems, LLC, Zond Windsystem Partners, Ltd. Series
a California limited liability company 85-A, a California limited partnership
By: Enron Wind LLC, By: Zond Windsystems Management
its sole member III LLC, its General Partner
By: Enron Renewable Energy Corp., By: /s/ Xxxxx X. Xxxxxx
its sole member -------------------------------
Name: Xxxxx X. Xxxxxx
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Title: President & CEO
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By: /s/ Xxxxx X. Xxxxxx
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Name: Xxxxx X. Xxxxxx
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Title: President & CEO
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