0001059025-04-000003 Sample Contracts

Contract
Termination Agreement • March 24th, 2004 • Esi Tractebel Acquisition Corp • Electric services • New Jersey

Termination Agreement between Hercules Incorporated and North Jersey Energy Associates, A Limited Partnership Dated as of October 21, 2003

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LETTER AGREEMENT BETWEEN PUBLIC SERVICE ELECTRIC AND GAS COMPANY AND NORTH JERSEY ENERGY ASSOCIATES
Letter Agreement • March 24th, 2004 • Esi Tractebel Acquisition Corp • Electric services

This Letter Agreement (the "Letter Agreement") is entered into this 9th day of October, 2003 by and between Public Service Electric and Gas Company ("PSE&G) and North Jersey Energy Associates, A Limited Partnership ("NJEA"), collectively referred to herein as the "Parties".

SECOND AMENDMENT TO AMENDED AND RESTATED POWER PURCHASE AGREEMENT dated as of December 16, 2003 By and Between NORTH JERSEY ENERGY ASSOCIATES, A LIMITED PARTNERSHIP and JERSEY CENTRAL POWER & LIGHT COMPANY
Power Purchase Agreement • March 24th, 2004 • Esi Tractebel Acquisition Corp • Electric services • New Jersey

WHEREAS, JCP&L and NJEA entered into an Amended and Restated Power Purchase Agreement dated as of May 16, 2003, as amended by that First Amendment to Amended and Restated Power Purchase Agreement dated as of October 21, 2003 (collectively, the "Original Agreement" and as amended by this Second Amendment, the "Agreement") pursuant to which the NJEA is obligated to sell and JCP&L is obligated to purchase the Contract Energy generated at the Facility or provided by NJEA from other sources;

North Jersey Energy Associates
Esi Tractebel Acquisition Corp • March 24th, 2004 • Electric services
FIRST AMENDMENT TO AMENDED AND RESTATED POWER PURCHASE AGREEMENT dated as of October 21, 2003 By and Between NORTH JERSEY ENERGY ASSOCIATES, A LIMITED PARTNERSHIP and JERSEY CENTRAL POWER & LIGHT COMPANY
Power Purchase Agreement • March 24th, 2004 • Esi Tractebel Acquisition Corp • Electric services • New Jersey

WHEREAS, JCP&L and NJEA entered into an Amended and Restated Power Purchase Agreement dated as of May 16, 2003 (the "Original Agreement" and as amended by this Amendment, the "Agreement") pursuant to which the NJEA is obligated to sell and JCP&L is obligated to purchase the Contract Energy generated at the Facility or provided by NJEA from other sources;

Tractebel SUEZ-TRACTEBEL s.a. Place du Trone 1 B-1000 Brussels (Belgium) Tel. + 32 2 510 71 11 Fax + 32 2 510 73 30 GUARANTY
Esi Tractebel Acquisition Corp • March 24th, 2004 • Electric services • New York

This is a guaranty (the "Guaranty"), dated as of December 23, 2003, given by Suez-Tractebel S.A., a corporation organized under the laws of Belgium (the "Guarantor"), in favor of Public Service Electric and Gas Company, a corporation incorporated under the laws of New Jersey, (hereinafter referred to as the "Beneficiary").

TERMINATION AGREEMENT This Termination Agreement (this "Agreement"), is made and entered into on this 23rd day of December, 2003 by and between North Jersey Energy Associates, A Limited Partnership, a New Jersey limited partnership ("Buyer") and...
58 Termination Agreement • March 24th, 2004 • Esi Tractebel Acquisition Corp • Electric services

WHEREAS, Buyer and Seller are parties to a Base Contract for Sale and Purchase of Natural Gas (the "Base Contract") dated September 26, 2002 pursuant to which Seller sells and Buyer purchases natural gas for a portion the operational needs of Buyer's gas-fired electrical and steam generating plant located in the borough of Sayreville, New Jersey or to satisfy certain obligations of Buyer under a Gas Purchase and Sale Agreement between Buyer and Pubic Service Electric and Gas Company, dated as of May 4, 1989, as amended;

CAPACITY TRANSFER AGREEMENT - Between - NORTH JERSEY ENERGY ASSOCIATES, A LIMITED PARTNERSHIP - And - PSEG ENERGY RESOURCES & TRADE LLC CAPACITY TRANSFER AGREEMENT PREAMBLE
Capacity Transfer Agreement • March 24th, 2004 • Esi Tractebel Acquisition Corp • Electric services • New Jersey

THIS CAPACITY TRANSFER AGREEMENT (the "Agreement") is entered into this 9th day of October, 2003, between North Jersey Energy Associates, A Limited Partnership ("NJEA") and PSEG Energy Resources and Trade LLC ("ER&T"), collectively referred to herein as the "Parties".

AMENDMENT TO GAS PURCHASE AND SALES AGREEMENT
Gas Purchase and Sales Agreement • March 24th, 2004 • Esi Tractebel Acquisition Corp • Electric services

THIS AMENDMENT TO GAS PURCHASE AND SALES AGREEMENT (this "Amendment"), dated as of August 20, 2003, is by and between Public Service Electric and Gas Company ("PSE&G"), a New Jersey corporation, and North Jersey Energy Associates, A Limited Partnership ("NJEA"), a New Jersey limited partnership (each a "Party", and collectively the "Parties").

FIRST AMENDMENT TO INDUSTRIAL STEAM SALES CONTRACT dated as of December 16, 2003 By and Between NORTH JERSEY ENERGY ASSOCIATES, A LIMITED PARTNERSHIP and HERCULES INCORPORATED
Power Purchase Agreement • March 24th, 2004 • Esi Tractebel Acquisition Corp • Electric services • New Jersey

WHEREAS, Buyer and Seller entered into an Industrial Steam Sales Contract dated as of June 5, 1989 (the "Original Agreement" and as amended by this Amendment, the "Agreement") pursuant to which the Seller is obligated to sell and Buyer is obligated to purchase the Steam generated at the Facility;

Contract
Power Purchase Agreement • March 24th, 2004 • Esi Tractebel Acquisition Corp • Electric services • Texas

AMENDED AND RESTATED POWER PURCHASE AGREEMENT dated as of May 16, 2003 By and Between North Jersey Energy Associates, A Limited Partnership and JERSEY CENTRAL POWER & LIGHT COMPANY

Contract
Sayreville Execution Agreement • March 24th, 2004 • Esi Tractebel Acquisition Corp • Electric services • New Jersey

SAYREVILLE EXECUTION AGREEMENT Dated May 16, 2003 between JERSEY CENTRAL POWER & LIGHT COMPANY and North Jersey Energy Associates, A Limited Partnership

TERMINATION AGREEMENT This Termination Agreement (this "Agreement") is made and entered into on this 23rd day of December, 2003 by and between North Jersey Energy Associates, A Limited Partnership, a New Jersey limited partnership ("Buyer") and FPL...
Exhibit 10.59 Termination Agreement • March 24th, 2004 • Esi Tractebel Acquisition Corp • Electric services

WHEREAS, Buyer and Seller are parties to a Base Contract for Sale and Purchase of Natural Gas (the "Base Contract") dated October 2, 2002 pursuant to which Seller sells and Buyer purchases natural gas for a portion the operational needs of Buyer's gas-fired electrical and steam generating plant located in the borough of Sayreville, New Jersey or to satisfy certain obligations of Buyer under a Gas Purchase and Sale Agreement between Buyer and Pubic Service Electric and Gas Company, dated as of May 4, 1989, as amended;

GUARANTEE
Guarantee • March 24th, 2004 • Esi Tractebel Acquisition Corp • Electric services

THIS GUARANTEE (this "Guarantee"), dated as of December 23, 2003, is made by FPL GROUP CAPITAL INC, a Florida corporation (the "Guarantor"), in favor of Public Service Electric and Gas Company, a New Jersey corporation (the "Guaranteed Party"). Each of the Guarantor and the Guaranteed Party are sometimes referred to herein individually as a "Party" and collectively as the "Parties".

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