SCHEDULE D-1 CHANGE ORDER
Exhibit 10.5
SCHEDULE D-1
CHANGE ORDER
| PROJECT NAME: Xxxxxx Xxxx LNG Receiving,
OWNER: Sabine Pass LNG, L.P.
CONTRACTOR: Xxxxxxx Corporation
DATE OF AGREEMENT: December 18, 2004 |
CHANGE ORDER NUMBER: SP/BE-060
DATE OF CHANGE ORDER: March 24, 2009
Guaranteed Substantial Completion |
The Agreement between the Parties listed above is changed as follows:
With reference to Article 5.3.A. and Attachment E of the Agreement, as amended by Change Order 30, Owner and Contractor agree that due to the effects of Hurricane Ike the Guaranteed Substantial Completion Date of December 20, 2008 is changed to June 13, 2009.
| Adjustment to Contract Price |
|||
| The original Contract Price was |
$ | 646,936,000 | |
| Net change by previously authorized Change Orders (#SP/BE-002 to 028, 031, 033 thru 035; 037 thru 059) |
$ | 182,442,446 | |
| The Contract Price prior to this Change Order was |
$ | 829,378,446 | |
| The Contract Price will be increased by this Change Order in the amount of |
$ | 0.00 | |
| The new Contract Price including this Change Order will be |
$ | 829,378,446 |
Adjustment to dates in Project Schedule
The Target Bonus Date is July 18, 2008.
The following dates are modified:
The Guaranteed Substantial Completion Date is June 13, 2009
The Guaranteed Substantial Completion Date, referenced in Attachment E of the Agreement, is changed to 1,530 days following NTP.
Adjustment to other Changed Criteria: No Change
Adjustment to Payment Schedule: No Change
Adjustment to Minimum Acceptance Criteria: No Change
Adjustment to Performance Guarantees: No Change
Adjustment to Design Basis: No Change.
Other adjustments to liability or obligation of Contractor or Owner under the Agreement: As modified by this Change Order.
This Change Order shall constitute a full and final settlement and accord and satisfaction of all effects of the change as described in this Change Order upon the Changed Criteria set forth herein.
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Upon execution of this Change Order by Owner and Contractor, the above-referenced change shall become a valid and binding part of the original Agreement without exception or qualification, unless noted in this Change Order. Except as modified by this and any previously issued Change Orders, all other terms and conditions of the Agreement shall remain in full force and effect. This Change Order is executed by each of the Parties’ duly authorized representatives.
| /s/ Xxxxx Xxxxxx | /s/ Xxxxxxx XxXxxxxxx | |||
| * Xxxxxx Xxxxx |
Contractor | |||
| Chairman |
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| Xxxxxxx XxXxxxxxx | ||||
| Name | ||||
| Project Director | ||||
| Title | ||||
| 4/7/09 | 4/08/09 | |||
| Date of Signing | Date of Signing | |||
| /s/ Xxxxx Xxxxxx | ||||
| * Xxxxx Xxxxxx Senior Vice President |
||||
| 4/7/09 | ||||
| Date of Signing | ||||
| /s/ Xx Xxxxxxxx | ||||
| * Xx Xxxxxxxx Owner Representative |
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| 4/7/09 | ||||
| Date of Signing | ||||
* Required Owner signature – Xx. Xxxxxx may sign on behalf of Xx. Xxxxx during Xx. Xxxxx’x absence.
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