Exhibit 10.9(l)
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AMENDMENT NO. 1 TO
RESERVATION OF RIGHTS AGREEMENT
This Amendment No. 1 to the Reservation of Rights Agreement (this "Amendment")
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is dated as of July 10, 2006 by and between Enron Wind Systems, LLC ("EWS"), the
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successor by merger to Enron Wind Systems, Inc., which was formerly known as
Zond Systems, Inc., and Zond Windsystem Partners, Ltd. Series 85-B, a California
limited partnership (the "Partnership").
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RECITALS
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A. WHEREAS, EWS and the Partnership are parties to that certain
Reservation of Rights Agreement dated as of February 15, 2006 (the
"Reservation of Rights Agreement"), pursuant to which EWS has granted
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to the Partnership certain rights relating to (i) that certain Power
Purchase Agreement dated June 14, 0000 xxxxxxx Xxxxxxxx Xxxxxxxxxx
Edison Company ("SCE") and EWS known as the Monolith I PPA and (ii)
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that certain Power Purchase Agreement dated June 14, 1984 between SCE
and EWS known as the Monolith II PPA.
B. WHEREAS, the term of the Reservation of Rights Agreement expires June
30, 2006 (the "Termination Date").
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C. WHEREAS, EWS and the Partnership desire to extend the Termination Date
to September 30, 2006.
AGREEMENT
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NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, EWS and the Partnership agree as follows:
1. Amendment to Reservation of Rights Agreement. Section 4 of the Reservation of
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Rights Agreement is hereby amended as by deleting the date "June 30, 2006" that
appears therein and replacing it with the date "September 30, 2006."
2. Governing Law. The terms and provisions of this Amendment shall be governed
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by and construed in accordance with the laws of the State of California.
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3. Counterparts. This Amendment may be executed in counterparts, each of which
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shall be deemed an original and all of which, when taken together, shall
constitute one and the same document.
4. Effective Date. This Amendment shall be effective as of June 30, 2006 and the
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Reservation of Rights Agreement shall be deemed amended by this Amendment as of
such date.
IN WITNESS WHEREOF, each of the parties to this Amendment has executed this
Amendment on the date first set forth above.
EWS Partnership
Enron Wind Systems, LLC, Zond Windsystem Partners, Ltd. Series
a California limited liability company 85-B, a California limited partnership
By: Enron Wind LLC, By: Zond Windsystems Management
its sole member IV LLC, its General Partner
By: Enron Renewable Energy Corp., By: /s/ Xxxxx X. Xxxxxx
its sole member -------------------------------
Name: Xxxxx X. Xxxxxx
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Title: President & CEO
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By: /s/ Xxxxx X. Xxxxxx
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Name: Xxxxx X. Xxxxxx
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Title: President & CEO
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