GOVERNMENT OF PUERTO RICO PUERTO RICO ELECTRIC POWER AUTHORITY AMENDMENT NO. 2 TO EMERGENCY MASTER SERVICE AGREEMENT FOR PREPA’S ELECTRICAL GRID REPAIRS – HURRICANE MARIA APPEAR
EXHIBIT 10.3
GOVERNMENT OF PUERTO RICO
PUERTO RICO ELECTRIC POWER AUTHORITY
AMENDMENT NO. 2 TO EMERGENCY MASTER SERVICE AGREEMENT FOR
PREPA’S ELECTRICAL GRID REPAIRS – HURRICANE ▇▇▇▇▇
APPEAR
AS FIRST PARTY: The Puerto Rico Electric Power Authority (PREPA), a public corporation and government instrumentality of the Commonwealth of Puerto Rico, created by Act 83 of May 2, 1941, as amended, represented in this act by its Executive Director, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, of legal age, married, engineer and resident of ▇▇▇▇▇ ▇▇▇▇, Puerto Rico.
AS SECOND PARTY: Cobra Acquisitions LLC, a limited liability company organized and existing under the laws of the State of Delaware with a place of business at ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, herein represented by ▇▇▇▇ ▇▇▇▇▇▇▇▇, of legal age, married, and a resident of Oklahoma City, Oklahoma (hereinafter referred to collectively as the “Contractor”) whose authority of representation is evidenced by corporate resolution.
WHEREAS: On October 19, 2017, PREPA and the Contractor entered into an Emergency Master Service Agreement for PREPA’s Electrical Grid Repairs – Hurricane ▇▇▇▇▇ (the “Original Contract”), as amended by Amendment No. 1. to the Original Contract entered into on November 1, 2017 (as so amended, the “Contract”).
WHEREAS: PREPA and the Contractor agree that a new Article 71 needs to be added to the Contract.
WITNESSETH
In consideration of the mutual covenants hereinafter stated, the Parties agree as follows:
TERMS AND CONDITIONS
| 1. | PREPA and Contractor agree that a effective December 8, 2017 new Article 71 is hereby added to the Contract to read as follows: |
ARTICLE 71: AD 17-28.
Pursuant to Administrative Determination No. 17-28, issued by the Puerto Rico Department of Treasury on November 10, 2017, Contractor and PREPA both hereby acknowledge that Contractor is engaged in a trade or business in Puerto Rico as a foreign company and is providing an essential service to the Government of Puerto Rico under the Contract; namely, Contractor is engaged in the repair, rebuilding, and re-construction of the electrical grid throughout the Commonwealth of Puerto Rico.
Amendment No. 2 to Emergency Master Service Agreement for PREPA’S Electrical Grid Repairs – Hurricane ▇▇▇▇▇
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Pursuant to the provisions of Administrative ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇. ▇▇-▇▇, ▇▇▇▇▇▇▇▇▇▇ hereby elects to be treated, for purposes of income tax, as engaged in/dedicated to a trade or business in Puerto Rico with respect to providing essential services rendered in Puerto Rico. Contractor will thereby file a Puerto Rico corporation income tax return and comply with the requirements of Administrative Determination No. 17-28.
| 2. | Except as set forth herein, the Contract remains in full force and effect in accordance with its terms including, for the avoidance of doubt, the terms set forth in Exhibit B to the Contract. |
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment as of the 8th day of December, 2017.
| Puerto Rico Electric Power Authority | Cobra Acquisitions LLC | |||
| /s/ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ |
|
/s/ Arty ▇▇▇▇▇▇▇▇ | ||
| ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ | ▇▇▇▇ Straehla | |||
| Executive Director | Chief Executive Officer | |||
| Employer Social Security xx-xxxxxxx | Employer Social Security xx-xxxxxxx | |||
