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EXHIBIT 10.9
AMENDMENT NO. 6 TO CONTRACT CSXT-C-03951
SUBJECT TO 49 USC 10709 AND 49 CFR 1313.3(c)
COGENTRIX OF ROCKY MOUNT, INC., (Industry); and CSX TRANSPORTATION,
INC. (CSXT); agree to amend the aforementioned Contract, which has been in
effect since October 27, 1989.
1. This Amendment will be effective on January 1, 1997.
2. The Contract is modified in the following manner:
(A) Industry and CSXT will use reasonable best efforts to
implement a permanent solution to the grade crossing blockage
concern at Industry's Rocky Mount Cogeneration Facility.
(B) As a temporary solution, effective on and after January 1,
1997, CSXT will permit Industry to ship seventy-five (75) car
unit trains at the ninety (90) car rate levels presently
applicable in the Contract.
(C) This Sixth Amendment will remain in effect until a more
permanent solution can be implemented, but will terminate no
later than June 30, 1997.
3. All other provisions of the Contract are ratified and
reaffirmed.
COGENTRIX OF ROCKY MOUNT, INC. CSX TRANSPORTATION, INC.
By: /s/ Xxxxxx X. Xxxxx By: /s/ Xxxx X. Xxxxx
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Title: Vice President Title: Director - Industrial Coal
Fuel and Transportation and Cogeneration
