ENGLISH TRANSLATION) 1st ADDENDUM TO AGREEMENT NO. DICGN/190 — CUSD/05.2008 1st ADDENDUM TO THE AGREEMENT FOR THE USE OF THE DISTRIBUTION SYSTEM ENTERED INTO BY AND BETWEEN EMPRESA ENERGÉTICA DE MATO GROSSO DO SUL S.A. — ENERSUL AND ANGÉLICA...
Exhibit 10.26
(ENGLISH TRANSLATION)
1st ADDENDUM TO AGREEMENT NO. DICGN/190 — CUSD/05.2008
1st ADDENDUM TO THE AGREEMENT FOR THE USE OF THE DISTRIBUTION SYSTEM ENTERED INTO BY AND
BETWEEN EMPRESA ENERGÉTICA DE MATO XXXXXX DO SUL S.A. — ENERSUL AND XXXXXXXX AGROENERGÉTICA LTDA.
By this private instrument, the Parties:
EMPRESA ENERGÉTICA DE MATO XXXXXX DO SUL S.A. — ENERSUL, a private concessionaire of electricity
distribution, with headquarters in the city of Campo Grande, State of Mato Xxxxxx do Sul, at
Xxxxxxx Xxxx Xxxxxxx, 0000, enrolled in CNPJ/MF under No. 15.413.826-0001-50, herein represented by
its undersigned legal representatives pursuant to its By-laws, hereinafter referred to as
“DISTRIBUTOR”,
XXXXXXXX AGROENERGÉTICA LTDA., an independent producer of electricity, with headquarters in the
city of Xxxxxxxx, State of Mato Xxxxxx do Sul, at Xxxxxxx Xxxxxxxx — Xxxxxxx XX 000, Xx 14 —
Fazenda Kurupay — Zona Rural, enrolled in the National Registry of Legal Entities of the Ministry
of Finance — CNPJ/MF under No. 07.903.169/0001-09, hereinafter referred to as “Generation Agent”,
herein represented by its undersigned legal representatives, pursuant to its By-laws;
Both parties, together, are hereinafter referred to as “Parties” and, individually, as “Party”.
WHEREAS:
(i) On June 3, 2008, the DISTRIBUTOR and the GENERATION AGENT entered into Agreement for the Use of
the Distribution System No. DICGN/190 — CUSD/05.2008 (“Agreement”);
(ii) Xxxxx Resolution 1221 of January 22, 2008 authorized the GENERATION AGENT to operate as an
Independent Producer of Electricity, by means of the implementation and exploration of UTE
Xxxxxxxx, with the following installed capacity: 1st stage 2008 — 32,000kW and
2nd stage 2010 — 64,000 kW, or total capacity of 96,000kW and;
(iii) The Parties wish to amend certain clauses of such Agreement in order to reflect the needs
arising out of their contractual relationship.
NOW THEREFORE, the Parties have decided to enter into this 1st Addendum (“First
Addendum”) to the Agreement, pursuant to the following Clauses and conditions:
CLAUSE ONE
Words in capital letters used and not otherwise defined in this Addendum shall have the meaning
ascribed to them in the Agreement.
CLAUSE TWO
Item 4.1 of Clause Four of the Agreement — VOLUME OF USE OF THE DISTRIBUTION SYSTEM is hereby
amended and shall henceforth have the following wording:
For the purposes of this CUSD, the use of the Distribution System shall be based on a CONTRACTED
MUSD of twenty thousand kilowatts (20,000 kW), to be fulfilled in 15-minute intervals and made
available at the CONNECTION POINT, in a three-phase current, at the frequency of sixty Hertz (60
Hz) and in a supply tension between phases of one hundred and thirty-eight kilovolts (138 kV).
CLAUSE THREE
All other conditions of the Agreement not otherwise amended, changed, adjusted or replaced
hereunder shall remain in full force and effect. In cases of ambiguity or inconsistency between the
provisions of the Agreement and the provisions of this Addendum, the latter shall prevail.
IN WITNESS WHEREOF the parties sign this addendum in three (3) counterparts of the same form and
content, in the presence of the two undersigned witnesses.
Campo Grande, MS, April 6, 2009
| EMPRESA ENERGÉTICA DE MATO XXXXXX DO SUL S.A. | ||||
/s/ Xxxxxx Xxxxxxxxxx
|
/s/ Edmir Xxxx Xxxxx | |||
Name: Xxxxxx Xxxxxxxxxx
|
Name: Edmir Xxxx Xxxxx | |||
Id.: Vice-Chief Executive Officer
|
Id.: Operating Officer | |||
| XXXXXXXX AGROENERGÉTICA LTDA. | ||||
/s/ Xxxxx Xxxxx Xxxx Xxxxx
|
/s/ Luiz Xxxxxxxx Xxxxxxx Xxxxx | |||
Name: Xxxxx Xxxxx Xxxx Xxxxx
|
Name: Luiz Xxxxxxxx Xxxxxxx Xxxxx | |||
Id.: 1.046.218 SSP/GO
|
Id.: m.3.339.549 SSP/MG | |||
| Witnesses: | ||||
/s/ Xxxxxxxx Xxxxxxx Martins
|
/s/ Ricardo Hervest Xxxxxxxx Xxxxx | |||
Name: Xxxxxxxx Xxxxxxx Martins
|
Name: Ricardo Hervest Xxxxxxxx Xxxxx | |||
Id.: 341.788 SSP/MS
|
Id.: Major Clients Department | |||
