EXHIBIT 10.8.38
[Letterhead of ANR Pipeline Company]
July 23, 2001
Xx. Xxxxx Xxxxxxxxx
Sithe/Independence Power Partners, L.P.
00 Xxxxxxxxxxxx Xxx
X.X. Box 1046
Oswego, NY 13126
Dear Xx. Xxxxxxxxx:
ANR Pipeline Company ("ANR") and Sithe/Independence Power Partners, L.P.
("Sithe") are parties to a Second Amended and Restated Agreement dated August
23, 1994. ANR and Xxxxx hereby agree to terminate this agreement effective July
31, 2001 (hereinafter the "Termination Date") without any further liability or
obligation whatsoever between the parties. Notwithstanding the termination of
these agreements, the parties shall be liable for all amounts due under the
agreements for services rendered up to and including the Termination Date.
If the foregoing accurately reflects the understandings between ANR and
Xxxxx, please so indicate by signing in the space provided below and returning
to the undersigned.
Sincerely,
ANR Pipeline Company
By: /s/ Xxxxxx X. Xxxxxxx
-------------------------------
Title: Director, Transportation Services
Agreed and Accepted this
26th day of July, 2001
Sithe/Independence Power Partners, L.P.
By: Its General Partner
By: /s/ Xxxxxx X. Xxxxxxxxx
--------------------------------
Title: Senior Vice President
