EXHIBIT 10.138.06
CHANGE ORDER
TO THE
AMENDED AND RESTATED CONTRACT
FOR THE
ENGINEERING, PROCUREMENT AND CONSTRUCTION
OF THE
UPPER BHOTE KOSHI HYDROELECTRIC PROJECT
CHANGE ORDER NO. 006
RECITALS:
1. WHEREAS, in accordance with Article 6, the Contractor and Owner mutually
agree to amend certain terms in the Amended and Restated Contract for the
Engineering, Procurement and Construction of the Upper Bhote Koshi
Hydroelectric Project, dated December 19, 1996, including all Change
Orders (the "Contract");
2. WHEREAS, the Parties agreed to Change Order No. 002 dated April 26, 1997,
and the Contractor incurred certain costs associated with issuing and
maintaining the Interim Performance Guarantee.
NOW THEREFORE, the Parties hereby agree to the following:
A. SCHEDULE ADJUSTMENTS
None.
B. SPECIAL CONDITIONS
1. The Parties mutually agree that the Owner shall compensate the Contractor
for costs associated with issuing and maintaining the Interim Performance
Guarantee pursuant to Change Order No. 002, as
described below in Section C.
2. This Change Order No. 006 shall constitute the entire agreement between
Owner and Contractor relating to the subject matter hereof, shall operate
as an amendment to the Contract and shall be deemed to be a part of the
Contract.
3. Except as amended by this Change Order No. 006, all other terms and
conditions of the Contract are hereby ratified and confirmed and shall
remain in full force and effect.
4. The effective date of this Change Order No. 006 shall be the date signed
below.
CHANGE ORDER NO. 006
FINAL
C. COST ADJUSTMENTS:
Owner agrees to compensate Contractor for costs associated with the issuance and
maintenance of the Interim Performance Guarantee pursuant to Change Order No.
002 in the total amount of US One Hundred Ninety Two Thousand Five Hundred
Forty-Nine and NO/100 Dollars ($192,549.00), which includes the following:
1. Industrial and Commercial Bank of China ("ICBC") Commission $ 27,200.00
2. Administrative Costs $ 12,421.00
3. Interest paid to ICBC $152,928.00
through Interim Notice to Proceed Period (216 days)
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TOTAL AMOUNT DUE UNDER THIS CHANGE ORDER $192,549.00
This one time cost adjustment shall be paid in a lump sum payment to the
Contractor within thirty (30) days of the signing of this Change Order 6 and
shall not be considered an increase in the EPC Contract Price or the "Guaranteed
Amount" of the Performance Guarantee issued by the Industrial and Commercial
Bank of China, Singapore Branch on December 10, 1997.
Agreed to this 21st day of April, 1998 by and between:
OWNER: CONTRACTOR:
Bhote Koshi Power Company China Gezhouba Construction Group
Private Limited Corporation for Water Resources and
Hydropower
By: [SIGNATURE ILLEGIBLE] By: [SIGNATURE ILLEGIBLE]
[SEAL]
CHANGE ORDER NO. 006
FINAL