Exhibit 10.9(b)
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AMENDMENT NO. 1
TO THE
POWER PURCHASE CONTRACT
BETWEEN
SOUTHERN CALIFORNIA EDISON COMPANY
AND
ZOND SYSTEMS, INC.
MONOLITH II
AMENDMENT NO. 1
POWER PURCHASE CONTRACT
BETWEEN
SOUTHERN CALIFORNIA EDISON COMPANY
AND
ZOND SYSTEMS, INC.
1. PARTIES: This Amendment No. 1 to the Power Purchase Contract between
Southern California Edison Company and Zond Systems, Inc. - Monolith II
("Contract"), is entered into by Southern California Edison Company
("Edison"), a California corporation, and Zond Systems, Inc., a
California corporation ("Seller"), individually "Party," collectively
"Parties."
2. RECITALS: This Amendment No. 1 to the Contract is made with reference to
the following facts, among others:
2.1 The Contract was executed between Southern California Edison
Company and Zond Systems, Inc., as of the 22nd day of June,
1984.
2.2 Seller wishes to amend the Contract to reflect their current
development plans.
2.3 Edison is willing to amend the Contract to reflect the Seller's
current development plans.
3. Agreement: The Parties agree to amend the Contract as follows:
3.1 Section 1.2.a. is amended to change the nameplate rating from
"7,000 kW" to 025,000 kW".
3.2 Section 1.5 is amended to change Contract Capacity from "7,000
kW" to 025,000 kW".
3.3 Section 1.5.1 is amended to change estimated as available
capacity from "7,000 kW" to "25,000 kW".
3.4 Section 1.6 is amended to change expected annual production from
"24,000,000 kWh" to 85,700,000 kWh".
4. Other Contract Terms and Conditions: Except as expressly amended, the
terms and conditions of the original Contract, shall remain in full
force and effect.
5. Effective Date: This Amendment No. 1 shall become effective when it has
been duly executed by the Parties.
6. Signature Clause: The signatories hereto represent that they have been
appropriately authorized to enter into this Amendment No. 1 to the
Contract on behalf of the Party for whom they sign.
This Amendment No. 1 to the Contract is hereby executed as of
this 20th day of September, 1985.
SOUTHERN CALIFORNIA EDISON COMPANY
By /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇, ▇▇.
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▇▇▇▇▇▇ ▇. ▇▇▇▇▇, ▇▇.,
Vice President
ZOND SYSTEMS, INC.
By /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
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▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
Senior Vice President
2.4 Concurrent with this Amendment No. 1, Edison and
Seller have agreed to terminate four previous
Power Purchase Contracts, dated June 22, 1984,
designated Monolith III, Monolith IV, Monolith V
and Monolith VI, to effectively transfer
capacity to be produced under those Power
Purchase Contracts from those Power Purchase
Contracts to account for the increase in
capacity to be produced under this Contract.
Southern California Edison Company
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▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇
October 15, 1986
Zond Systems, Inc.
▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Attention: ▇▇. ▇▇ ▇▇▇▇▇▇
Gentlemen:
Subject: Certificate of Insurance
Generators located at Tehachapi
Monolith I - QFID No. 6043
Monolith II - QFID No. 6044
Phase I - QFID No. 6002
Phase II - QFID No. 6010
Northwind I - QFID No. 6111
Victory Garden I - QFID No. 6039
Victory Garden II - QFID No. 6040
Victory Garden III - QFID No. 6041
Victory Garden IV - OFID No. 6042
By letters dated August 1, 1986 and August 29, 1986, Edison advised you to
provide Edison with a valid Certificate of Insurance pursuant to your Power
Purchase Contracts with Edison. To date Edison has not received the requested
Certificate of Insurance.
You are hereby notified that Edison must receive the subject Certificate of
Insurance on or before November 7, 1986. If Edison does not receive a
Certificate of Insurance by November 7, 1986, Edison shall consider Zond
Systems, Inc. in breach of the conditions of the Power Purchase Contracts and
Edison shall initiate action(s) to disconnect Zond Systems, Inc.'s generator(s)
from the Edison electric system.
Please forward the Certificate of Insurance to the undersigned at the letterhead
address, Room 465. If you have any questions, please call ▇▇. ▇. ▇. ▇▇▇▇▇▇▇▇▇ at
(▇▇▇) ▇▇▇-▇▇▇▇.
Sincerely
/s/ A. P. C. King
A. P. C. King
Supervisor, Contract Administration
Cogeneration and Small Power Development