Attached files
| file | filename |
|---|---|
| 10-K - FORM 10-K - COMVERGE, INC. | form10k.htm |
| EX-32.1 - SECTION 906 CEO CERTIFICATION - COMVERGE, INC. | exhibit32_1.htm |
| EX-21.1 - LIST OF SUBSIDIARIES - COMVERGE, INC. | exhibit21_1.htm |
| EX-31.1 - SECTION 302 CEO CERTIFICATION - COMVERGE, INC. | exhibit31_1.htm |
| EX-31.2 - SECTION 302 CFO CERTIFICATION - COMVERGE, INC. | exhibit31_2.htm |
| EX-32.2 - SECTION 906 CFO CERTIFICATION - COMVERGE, INC. | exhibit32_2.htm |
| EX-10.47 - MATERIAL AGREEMENT - COMVERGE, INC. | exhibit10_47.htm |
| EX-10.45 - MATERIAL AGREEMENT - COMVERGE, INC. | exhibit10_45.htm |
| EX-23.1 - CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM - COMVERGE, INC. | exhibit23_1.htm |
EXHIBIT 10.46
*** Indicates material has been omitted pursuant to a Confidential Treatment Request filed with the Securities and Exchange Commission. A complete copy of this agreement has been filed separately with the Securities and Exchange Commission.
[Letterhead of Consolidated Edison Company of New York, Inc.]
November 17, 2010
Via Fax and Federal Express
Public Energy Solutions, LLC
120 Eagle Rock Avenue, Suite 190
East Hanover, NJ 07936
Attention: Ed Myszka
Re: Amendment of Demand Side Management Agreement
Gentlemen:
Reference is made to the Demand Side Management Agreement, dated as of February 6, 2008,as amended (the "Agreement"), between Consolidated Edison Company of New York, Inc. ("Con Edison") and Public Energy Solutions. LLC ("Contractor"). Capitalized terms used herein without definition shall have the respective meanings ascribed to them in the Agreement.
The following, when confirmed by you, shall serve to set forth our agreement to amend the Agreement with respect to the Electric Network Periods set forth in paragraph 1 below, as follows:
1. In Exhibit B, the chart containing the Contract Load Reduction Guaranty, LRCD and LRED and the Security B Amount and related payment date for each of the Electric Network Periods applicable to the East 13th Street Load Area shall be deleted and the following chart shall be substituted in lieu thereof:
| Load Areas/Networks ("Electric Network" as defined in the Agreement) | 5/1/2010 LRCD to 4/30/2012 LRED | 5/1/2011 LRCD to 4/30/2012 LRED | 5/1/2012 LRCD to 4/30/2013 LRED | |
| (A) East 13th Street - Manhattan (Cooper Square/City Hall/Chelsea/Madison Square/Greeley Square/Kips Bay/Greenwich/Sheridan Square/Canal/Park Place) |
*** KW CLRG
(Security B Amount of $*** due on or before 1/1/2010)
|
*** KW CLRG
(Security B Amount of $*** due on or before 1/1/2011)
|
||
| (B) Cooper Square | *** KW CLRG
(Security B Amount of $*** due on or before 1/1/2011)
|
*** KW CLRG
(Security B Amount of $*** due on or before 1/1/2012)
|
2. For purposes of clarity, the Contract Load Reduction Guaranty for the Cooper Square Electric Network set forth in (B) in Paragraph 1 above is in addition to the
Contract Load Reduction Guaranty for the East 13th Street Load area set forth in (A) in Paragraph 1 above (which may include additional load reduction in the
Cooper Square Electric Network).
3. The ***% limit on Excess Load Reduction set forth in Section 9 of the Agreement shall be changed to *** kW for the East 13th Street Load Area for each of the Electric Network
Periods set forth in (A) in Paragraph 1 above.
4. Except as set forth above the Agreement shall remain in full force and effect, without change or modification.
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|
Please confirm your agreement to the foregoing by signing the enclosed copy of this letter and returning it to the undersigned.
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Very truly yours,
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CONSOLIDATED EDISON COMPANY OF NEW YORK, INC
|
By: /s/ John McMahon
Print Name: John McMahon
Title: Executive Vice President
CONFIRMED AND AGREED TO:
By: /s/ Edward Myszka
Print Name: Edward Myszka
Title: EVP
Date: 11-17-10