HECO Exhibit 10.4(c)
--------------------
[ Maui Electric Company, Ltd. letterhead ]
December 11, 1997
Xx. Xxxxx Xxxxxxx
Hawaiian Commercial & Sugar Company
P. O. Box 266
Puunene, HI 96784
Dear Xx. Xxxxxxx:
Re: Agreement to Extend Term of Amended and Restated Power Purchase Agreement
Between A&B Hawaii, Inc., through its division, Hawaiian Commercial & Sugar
Company, and Maui Electric Company, Limited, dated November 30, 1989, as
Amended on November 1, 1990
This will confirm and document the Agreement between A&B Hawaii, Inc., through
its division, Hawaiian Commercial & Sugar Company ("HC&S") and Maui Electric
Company, Limited ("MECO") to extend the term of the Amended and Restated Power
Purchase Agreement Between HC&S and MECO (the "Power Purchase Agreement") as
follows:
1. The Power Purchase Agreement shall remain in full force and effect through
December 31, 2000, and from year to year thereafter; subject to termination
on or after January 1, 2001, on not less than two (2) years' prior written
notice by either party.
2. All other terms and conditions of the Power Purchase Agreement shall remain
unmodified for the extended term set forth above.
3. To the extent that this Agreement to extend the Power Purchase Agreement
requires the approval of the Public Utilities Commission ("PUC") of the
State of Hawaii, it is expressly understood and agreed that the obligations
of MECO and HC&S hereunder are contingent upon the continuing approval of
the PUC.
If the foregoing meets with your approval, please execute the below
acknowledgment and return the original to me, retaining the duplicate original
for your files. MECO values its long-standing relationship with HC&S, and thanks
you for your willingness to work cooperatively to position both companies for
the future.
MAUI ELECTRIC COMPANY, LIMITED
By /S/ X. Xxxxxxx Xxx
---------------------
Its Board Chairman
----------------
Date: 12/11/97
----------
By /S/ Xxxxxxx X. Xxxxxx
------------------------
Its President
-----------
Date: 12/11/97
----------
Acknowledged and agreed:
A&B-HAWAII, INC., by its division
HAWAIIAN COMMERCIAL & SUGAR COMPANY
By /S/ Xxxxxx Xxxxxxx
--------------------
Its Gen. Mgr.
-----------
Date: Dec., 12, 1997
----------------
By /S/ Xxxxxx Xxxx
-----------------
Its Vice President, Production
----------------------------
Date: Dec., 12, 1997
----------------
Page 2
