EXHIBIT 10.59
AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT is made this 13th day of May, 1999, by and
between THE PERRY COMPANY, A FLORIDA CORPORATION ("CONTRACTOR") and
PLASMA-THERM, INC., A FLORIDA CORPORATION ("OWNER") and is a part of, amends and
supersedes any contrary or inconsistent provision of the Standard Form of
Agreement Between Owner and Contractor on AIA Form A111 (Electronic Format),
dated of even date herewith ("CONTRACT") of which it is made a part. Any
reference herein to the Contract includes this Addendum and unless otherwise
specified, capitalized terms have the meaning ascribed to them by them Contract.
In consideration of the mutual covenants set forth in the Contract, Seller and
Buyer hereby further agree as follows:
1. AMEND SECTION 4.1 OF THE CONTRACT AS FOLLOWS: Owner and Contract
hereby agree that the construction of the Work has been and will remain stopped
until such time as Owner gives Contractor a notice to recommence and proceed
with construction (the "NOTICE TO RECOMMENCE"). Contractor will be paid in full,
in accordance with the terms of the Contract, for such portion of the Work as
has been provided prior to the date the Work was stopped. At such time as the
Notice to Recommence is given, Contractor will recommence and proceed with
construction of the Work and all of the terms of the Contract will continue to
apply, except as otherwise expressly provided in this Amendment. Without
limiting the generality of the foregoing, the parties agree that the date for
Substantial Completion of the Work will remain two hundred ten (210) days after
the date Contractor receives Notice to Recommence, pursuant to Section 4.2. In
the event that Owner does not give Contractor a Notice to Recommence within one
hundred eighty (180) days after the date that this Amendment is fully executed
by Owner and Contractor, then, unless the parties otherwise agree, in writing,
the Contract will be void and of no further force or effect.
2. Except as otherwise provided by this Amendment, the Contract remains
in full force and effect without modification.
PLASMA-THERM, INC., A FLORIDA CORPORATION
By: /s/ XXXXX X. XXXXXX
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Name: Xxxxx X. Xxxxxx
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Vice-President
/s/ XXXXXXXXX XXXXXXXX
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/s/ XXXXXXX XXXXXX
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As to Owner (CORPORATE SEAL)
"OWNER"
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THE PERRY COMPANY, A FLORIDA CORPORATION
By: /s/ XXXXX X. XXXXX
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Name: Xxxxx X. Xxxxx
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President
/s/ ILLEGIBLE
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/s/ ILLEGIBLE
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As to Contractor (CORPORATE SEAL)
"CONTRACTOR"
-2-
