Exhibit 4(a)(1)
ADDITION TERM TO THE PURCHASE AND SALE OF ELECTRIC POWER CONTRACT BETWEEN
ENERTRADE - COMERCIALIZADORA DE ENERGIA S.A. AND ESCELSA - ESPIRITO SANTO
CENTRAIS ELETRICAS S.A.
For the present contract, the parties, on one side.
ENERTRADE - COMERCIALIZADORA DE ENERGIA S.A., electric power comercial agent in
the Wholesale Market of Electric Power-MAE, authorized BY the National Agency of
Electric Power-▇▇▇▇▇, in the terms of Resolution n.(0)62, of February 16, 2001,
with headquarters in the City of Sao Paulo. Sao Paulo State. In Av. Paulista,
Sao Paulo, n.(0)2,300, 6(0). Floor - part, registered with the CNPJ/MF under
n.(▇)▇▇.▇▇▇.▇▇▇/0001 -13, in this acted represented in the form of its Social
Statute (from now on designated "Enertrade");
And on the other side.
ESCELSA -Espirito Santo Centrais Eletricas S.A., public energy services
dealership, constituted under the joint stock company form, with headquarters in
Vitoria City, Espirito Santo State, in ▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇, Centro,
registered with the CNPJ/MF under n.(▇) ▇▇.▇▇▇.▇▇▇/0001-71, in this act
registered in the form of its Social Statute (from now on designated "Escelsa");
Enertrade and ▇▇▇▇▇▇▇ (together, the "Parties" or, individually, the "Parts")
decide to amend the purchase and Sale of Electric Power Contract, agreed between
the Parties, on December 23, 2002 (the "Purchase and Sale Contract"), in the
following terms:
FIRST CLAUSE
The Parties, duly authorized in the form established in their constituent,
mutual and reciprocal acts declare and assure, on the execution date of this
Addition Term to the Purchase and Sale of Electric Power Contract (the
"Addition"), that:
no other associate decision, besides those introduced in this action, is
necessary for the validity and effectiveness of the Addition, as their legal
representatives in the execution of the same have sufficient powers to enforce
them in a valid and effective way; and
the agreement of the Addition and the assumption and the execution of the
current obligations, don't cause, directly or indirectly, the noncompliance,
total or partial, of (i) any contracts, of any nature, prior to the Addition
execution date, of which any one of the Parties is part or to the which they are
linked, any title, any corporal, incorporeal, tangible, intangible goods,
furniture or property of its ownership; (ii) any legal or regulatory norm to
which the parties are subject: and (iii) any order, decision, even preliminary,
judicial or administrative to which the Parties are subject.
SECOND CLAUSE
The 5th Clause of the Purchase and Sale Contract comes into force with the
following composition:
"Clause 5th - The Price will be R$ 83.73 /MWh (eighty-three real and
seventy-three cents per megawatt-hour), date base April of 2002, for the
Contracted Electric Power volume mentioned in the caput of the 4th Clause, and
will be
the equivalent to the actual Normative Value in each month of the year
2003, for the volume mentioned in the Only Paragraph of the 4th Clause. All and
any costs, responsibilities, imposed, contributions, taxes and tariffs owed in
the Applicable Legislation terms for the supply of Contracted Electric Power in
the Delivery Point are included in the Price, in the Paragraphs below."
THIRD CLAUSE
The parties will make the necessary adjustments concerning the invoices for the
supply of the months of January and February of 2003 in accordance with the
procedure established here in the pertinent legislation for the application of
the agreed price.
FOURTH CLAUSE
The other terms of the Purchase and Sale Contract unaltered by the Addition are
expressly ratified. The defined terms and expressions used in this Addition and
undefined here have the meaning that is attributed to them by the Purchase and
Sale Contract.
Signatures sheet for the Addition Term to the Purchase and Sale of Electric
Power Contract agreed on March 19, 2003, between ENERTRADE -COMERCIALIZADORA
DE ENERGIA S.A. and ESCELSA - ESPIRITO SANTO CENTRAIS ELETRICAS S.A.
And, being fair and contracted, the present contract in 2 (two) copies of equal
wording and form, for the same purpose and effects of law, assuming an
obligation, for successors or assignees to any title, in the presence of two
witness signed below.
Sao Paulo, March 19, 2003.
ENERTRADE - COMERCIALIZADORA DE ENERGIA S.(a)
By : ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ By: ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇
Position: Diretor Presidente Position: Diretor Financeiro
ESCELSA - ESPIRITO SANTO CENTRAIS ELETRICAS S.A.
By : ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇ By: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Position: President Diretor Position: Comercial Director
WITNESSES:
......................................................
......................................................
Name: Name:
RG.: RG.:
CPF.: CPF.: