Attached files
Exhibit 10.2
AMENDMENT NO. #01
EFFECTIVE AUGUST 18, 2009
TO
PROFESSIONAL SERVICES AGREEMENT
FOR
TXU ENERGY’S
2009 iTHERMOSTAT PROGRAM
AN INTERNET BASED LOAD MANAGEMENT SYSTEM
WITH ZIBEE HOME AREA NETWORK
BY AND BETWEEN
COMVERGE INC.
AND
TXU ENERGY RETAIL COMPANY LLC
DATED APRIL 15, 2009
CONTRACT NO. C 0600559 C
AMENDMENT NO. #01
| The Effective Date of the Amendment is August 18, 2009 | EFFECTIVE DATE | |
| This Amendment modifies, alters or changes specific terms and conditions of Contract No. C 0600559 C (“Agreement”) that exists between the parties hereto. Except as modified in this Amendment or previous amendments, the Agreement will remain in full force and effect. | PURPOSE | |
| The Agreement is modified as follows: | MODIFICATIONS | |
| Attachment 1 “Statement of Work Document” to the Agreement is being modified as follows: | ATTACHMENT 1 | |
| The following language is hereby added to the end of the first paragraph of “Introduction and Background”:
CONTRACTOR will also be providing hardware, software and professional services for the COMPANY iThermostat project in support of Commercial and Industrial customers. |
INTRODUCTION AND BACKGROUND | |
| The second paragraph of Article 1. “Hardware” IS hereby deleted and replaced with the following: |
HARDWARE | |
| COMPANY may elect to incorporate up to *** into the iThermostat program. In such event CONTRACTOR will incorporate these additional PCTs into the iThermostate progam, which includes the incorporation into the Utility Web Portal, the Customer Web Portal and the Commercial & Industrial (C & I) Portal. |
||
| The following new language is hereby inserted as a new subsection, entitled “C & I Portal Scope,” into Article 1 “Hardware”: |
C & I PORTAL SCOPE | |
| C & I PORTAL SCOPE:
• Residential Portal used as starting point for C & I Portal
• Enable up to *** to be seen/managed
• Configure data center support additional application
• Deploy C & I Portal to same server as TXU Residential Portal
• Hide the Hold and Opt Out functionality
• Change Residential oriented icon for programming stats
• Make any textual changes needed (none identified to date)
• Move to new C & I look and feel. |
||
| *** | Indicates material 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. |
AMENDMENT NO. #01
| The cost of the C & I Portal is hereby inserted into the “Pricing/ Budget” provision as a new line item:
|
PRICING / BUDGET | |||||||||
| Description |
Pricing |
Unit |
#Units |
Sub-Totals |
||||||
| *** |
*** | *** | 1 | *** | ||||||
| *** | *** | |||||||||
The parties have signed this Amendment acknowledging their agreement to its provisions as of the effective Date.
| Comverge, Inc. | TXU Energy Retail Company LLC | |||||||
| By: | /s/ Arthur Vos | By: | /s/ Nancy F. Perry | |||||
| Signature | Signature | |||||||
| Name: | Arthur Vos | Name: | Nancy F. Perry | |||||
| Title: | Executive Vice President, CTO | Title: | VP | |||||
| Date: | January 13, 2010 | Date: | 1/15/10 | |||||
| *** | Indicates material 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. |