AFFILIATE PERFORMANCE AGREEMENTAffiliate Performance Agreement • March 31st, 2003 • Cogentrix Energy Inc • Electric services
WHEREAS, GCE has entered into a Parts Sharing Agreement (the "PS Agreement") dated as of October 1, 2002 with Cogentrix Parts Company, Inc. ("Partsco"); WHEREAS, GCE has entered into a Long Term Service Agreement ("LTSA") dated as of October 1, 2002 with General Electric International, Inc. ("GE"), whereby GE will supply parts and perform maintenance on a combined cycle generating project near Jenks, Oklahoma owned by GCE; WHEREAS, Partsco has entered into a Capital Parts Agreement (the "CP Agreement") with GE granting GE some rights to use parts from a pool of parts in the custody of Partsco for the benefit of GCE and other projects owned by other affiliates of GCE; WHEREAS, pursuant to the PS Agreement, Partsco has certain obligations to GCE; and WHEREAS, CEI as an affiliate of Partsco, is willing to enter into this Performance Agreement to satisfy a request of GCE. NOW, THEREFORE, in consideration of the premises and mutual covenants set forth herein, the Parties he
