SCHEDULE D-1 CHANGE ORDER
Exhibit
10.1
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PROJECT
NAME: Xxxxxx Xxxx LNG Receiving, Storage and
Regasification Terminal
OWNER: Sabine
Pass LNG, L.P.
CONTRACTOR: Xxxxxxx
Corporation
DATE OF AGREEMENT:
December 18, 2004
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CHANGE ORDER NUMBER:
SP/BE-061
DATE OF CHANGE ORDER:
July 27, 2009
Insurance
and Sales & Use Tax Allowance
Amount Reconciliations
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The
Agreement between the Parties listed above is changed as follows:
Owner and
Contractor agree to implement the following changes in connection with the
Louisiana Sales and Use Tax Allowance and the Insurance Allowance relating to
the Work performed by Contractor. To the extent the changes set forth
herein conflict with any of the terms and conditions set forth in the Agreement,
the changes herein shall be controlling.
1. The
Parties agree that the actual amount of Louisiana Sales and Use Taxes paid by
Contractor and its Subcontractors and Sub-subcontractors is less than the
Louisiana Sales and Use Tax Allowance: and the Contract Price is therefore to be
reduced by the amount of $4,793,521 pursuant to Article 7.1.A of the Agreement,
subject to further adjustment as required.
2. The
Parties also agree that the actual Insurance Cost is greater than the Insurance
Allowance, and Contractor is therefore entitled to a Change Order pursuant to
Article 7.1.B of the Agreement to increase the Contract Price by the amount of
$569,042.
3. The
aggregate change in the Contract Price resulting from this Change Order, based
upon Sections 1 and 2 above, is a decrease in the amount of $4,224,479 as
further illustrated below.
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Adjustment
to Contract Price
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The
original Contract Price was
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$646,936,000
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Net
change by previously authorized Change Orders (#SP/BE-002 to 028, 031, 033
thru 035; 037 thru 060)
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$182,442,446
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The
Contract Price prior to this Change Order was
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$829,378,446
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The
Contract Price will be increased/decreased by this Change Order in the
amount of
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$
(4,224,479)
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The
new Contract Price including this Change Order will be
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$825,153,967
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Adjustment
to dates in Project Schedule
The
Target Bonus Date will be unchanged and is July 18, 2008.
The
Guaranteed Substantial Completion Date will be unchanged and is June 13,
2009.
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.
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.
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/s/ XXXXXX
XXXXX
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/s/ XXXXX
XXXXXXX
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*Xxxxxx
Xxxxx
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Contractor
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Chairman
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Xxxxx
Xxxxxxx
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| August 11, 2009 |
Name
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| Date of Signing |
Project
Manager
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Title
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August
17, 2009
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/s/ XXXXX
XXXXXX
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Date
of Signing
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*Xxxxx
Xxxxxx
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Senior
Vice President
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| August 11, 2009 | ||
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Date of Signing
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/s/ XX
XXXXXXXX
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*Xx
Xxxxxxxx
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Owner
Representative
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| August 4, 2009 | ||
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Date
of Signing
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*
Required Owner signature – Xx. Xxxxxx may sign on behalf of Xx. Xxxxx during Xx.
Xxxxx’x absence.
