AMENDMENT TO
AGREEMENT
FOR PURCHASE OF ELECTRIC POWER
BETWEEN
COGEN TECHNOLOGIES NJ, INC.
AND
JERSEY CENTRAL POWER & LIGHT COMPANY
DATED
OCTOBER 29, 1985
WHEREAS, Cogen Technologies NJ, Inc. ("Seller") and Jersey Central
Power & Light Company ("Buyer") entered into an "Agreement for Purchase of
Electric Power Between Cogen Technologies NJ, Inc. and Jersey Central Power &
Light Company" ("Power Purchase Agreement") dated October 29, 1985; and
WHEREAS, the Seller and Buyer wish to make certain minor technical
changes to the Power Purchase Agreement.
NOW, THEREFORE, pursuant to Article 18 of the Power Purchase Agreement,
the Seller and Buyer agree that the following changes shall be made to the Power
Purchase Agreement and are hereby incorporated therein by reference, with the
Articles of this Amendment corresponding to the Articles in the Power Purchase
Agreement.
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ARTICLE 12
On page 18, delete Article 12.1 and substitute the following in lieu
thereof:
12.1 Limitation on Liability for Incidental, Indirect, or
Consequential Damages, Losses or Expenses. Except for breaches of this
Agreement specified in Article 14.1A and Article 14-1D, neither Buyer
nor Seller, nor their respective officers, directors, agents,
employees, parent or affiliates, or their respective officers,
directors, agents or employees shall be liable to the other Party or
its parent, subsidiaries, affiliates, officers, directors, agents,
employees, successors or assigns, for any incidental, indirect, or
consequential damages, losses or expenses connected with or resulting
from breaches of this Agreement, including, without limitation, claims
in the nature of loss of revenues, income or profits.
Except as hereinabove amended, the Power Purchase Agreement shall
remain in full force and effect without any further amendment, modification, or
alteration.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to
the Power Purchase Agreement to be duly
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executed by their respective officers thereunto duly authorized as of this
5th day of September, 1986.
ATTEST: COGEN TECHNOLOGIES NJ, INC.
/s/ [Signature appears here] BY: /s/ Xxxxxx X. XxXxxx
----------------------------- -------------------------------------
Assistant Secretary Xxxxxx X. XxXxxx
President
ATTEST: JERSEY CENTRAL POWER & LIGHT COMPANY
/s/ C. A. Marks BY: /s/ X.X. XxXxxxxx
----------------------------- -------------------------------------
C. A. Marks X.X. XxXxxxxx
Assistant Secretary Vice President
