Engineering, Procurement And Construction Agreement Sample Contracts

VivoPower International PLC – SOLAR POWER FACILITY ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT by and Between INNOVATIVE SOLAR 31, LLC and GRUPO GRANSOLAR, LLC Dated as of July 29, 2016 (August 24th, 2016)

This SOLAR POWER FACILITY ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT (this "Agreement"), dated as of July 29, 2016 (the "Effective Date"), is entered into by and between Grupo Gransolar, LLC, a Delaware limited liability company ("Contractor"), and Innovative Solar 31, LLC, a North Carolina limited liability company ("Owner"), with reference to the following matters:

Southern Power Co – Amendment No. 8 to Engineering, Procurement and Construction Agreement (August 8th, 2016)

This AMENDMENT NO. 8 (this "Amendment") TO THE ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT, dated April 8, 2008 (together with the Exhibits thereto, as amended, the "EPC Agreement"), by and between GEORGIA POWER COMPANY, a Georgia corporation ("GPC"), acting for itself and as agent for OGLETHORPE POWER CORPORATION (AN ELECTRIC MEMBERSHIP CORPORATION), an electric membership corporation formed under the laws of the State of Georgia, MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA, a public body corporate and politic and an instrumentality of the State of Georgia, MEAG Power SPVJ, LLC, MEAG Power SPVM, LLC, MEAG Power SPVP, LLC, each a Georgia limited liability company, and THE CITY OF DALTON, GEORGIA, an incorporated municipality in the State of Georgia acting by and through its Board of Water, Light and Sinking Fund Commissioners (hereinafter referred to individually and collectively as "Owners"), and a consortium consisting of WESTINGHOUSE ELECTRIC COMPANY LLC, a Delaware limited liab

CBD Energy Ltd – ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT Dated as of ____, 2015 by and Between PANASONIC CORPORATION OF NORTH AMERICA, ACTING THROUGH ITS DIVISION PANASONIC ENTERPRISE SOLUTIONS COMPANY (Contractor) and Green Earth Developers LLC (Subcontractor) NORTH CAROLINA for Projects Specified in Exhibit G TABLE OF CONTENTS (December 10th, 2015)

Page Article 1 DEFINED TERMS; CONTRACT INTERPRETATION 5 1.1 Definitions 5 1.2 Rules of interpretation 13 1.3 Contract Documents 13 1.4 Conflicting Provisions 13 Article 2 THE WORK 14 2.1 Scope of Work 14 2.2 Design 14 2.3 Project Schedule 16 2.4 Progress Meetings 16 2.5 Standard of Performance 16 2.6 Subsidies; Incentives; Tax Credits 16 2.7 Change Orders 17 2.8 Work Site Supervision; Safety; Maintenance of Site 21 2.9 Delay 21 2.10 Hazardous Materials 22 2.11 Force Majeure Events 23 2.12 Subcontractors 23 2.13 Security and Background Screening 23 Article 3 COMMISSIONING; PERFORMANCE TESTING 24 3.1 System Commissioning Tests 24 3.2 System Performance Tests 24 Article 4 COMPLETION AND

PowerSecure International, Inc – ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT by and Between GEORGIA POWER COMPANY and POWERSECURE SOLAR, LLC Dated as of July 9, 2015 (November 4th, 2015)

This ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT is made and entered into as of this 9th day of July, 2015 by and between GEORGIA POWER COMPANY, a Georgia corporation (Owner), and POWERSECURE SOLAR, LLC, a Delaware Limited Liability Company (Contractor). Each entity is sometimes individually referred to herein as a Party and the entities are sometimes collectively referred to herein as the Parties.

Cheniere Energy Partners, LP – LUMP SUM TURNKEY AGREEMENT for the ENGINEERING, PROCUREMENT AND CONSTRUCTION of the SABINE PASS LNG STAGE 3 LIQUEFACTION FACILITY by and Between SABINE PASS LIQUEFACTION, LLC as Owner and BECHTEL OIL, GAS AND CHEMICALS, INC. As Contractor Dated as of the 4th Day of May, 2015 (May 7th, 2015)

THIS ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT (this Agreement), dated as of the 4th Day of May, 2015 (the Contract Date), is entered into by and between SABINE PASS LIQUEFACTION, LLC, a Delaware limited liability company, having its principal place of business at 700 Milam, Suite 1900, Houston, Texas 77002 (Owner), and BECHTEL OIL, GAS AND CHEMICALS, INC., a Delaware corporation, having an address at 3000 Post Oak Boulevard, Houston, Texas 77056 (Contractor and, together with Owner, each a Party and together the Parties).

Engineering, Procurement and Construction Agreement (May 1st, 2015)

This ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT (the "Agreement") is entered into as of the date of the last execution hereof (the "Effective Date") by and between Principal Solar, Inc., a Delaware corporation ("Client"), and Alpha Energy, a division of Alpha Technologies Services, a Nevada corporation ("Contractor") (each a "Party" and collectively, the "Parties").

PowerSecure International, Inc – ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT by and Between GEORGIA POWER COMPANY and POWERSECURE SOLAR, LLC Dated as of July 15, 2014 (February 3rd, 2015)

This ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT is made and entered into as of this 15th day of July, by and between GEORGIA POWER COMPANY, a Georgia corporation (Owner), and POWERSECURE SOLAR, LLC, a Delaware Limited Liability Company (Contractor). Each entity is sometimes individually referred to herein as a Party and the entities are sometimes collectively referred to herein as the Parties.

PowerSecure International, Inc – ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT by and Between GEORGIA POWER COMPANY and POWERSECURE SOLAR, LLC Dated as of July 14, 2014 (February 3rd, 2015)

This ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT is made and entered into as of this 14th day of July, by and between GEORGIA POWER COMPANY, a Georgia corporation (Owner), and POWERSECURE SOLAR, LLC, a Delaware Limited Liability Company (Contractor). Each entity is sometimes individually referred to herein as a Party and the entities are sometimes collectively referred to herein as the Parties.

PowerSecure International, Inc – ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT by and Between and POWERSECURE SOLAR, LLC Dated as of July 15, 2014 (November 5th, 2014)

This ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT is made and entered into as of this 15th day of July, by and between [***], a [***] corporation (Owner), and POWERSECURE SOLAR, LLC, a Delaware Limited Liability Company (Contractor). Each entity is sometimes individually referred to herein as a Party and the entities are sometimes collectively referred to herein as the Parties.

PowerSecure International, Inc – ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT by and Between and POWERSECURE SOLAR, LLC Dated as of July 15, 2014 (November 5th, 2014)

This ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT is made and entered into as of this 15th day of July, by and between [***], a [***] corporation (Owner), and POWERSECURE SOLAR, LLC, a Delaware Limited Liability Company (Contractor). Each entity is sometimes individually referred to herein as a Party and the entities are sometimes collectively referred to herein as the Parties.

Southern Power Co – Amendment No. 6 to Engineering, Procurement and Construction Agreement Between (May 8th, 2014)

This AMENDMENT NO. 6 (this "Amendment") TO THE ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT, dated April 8, 2008, as amended (the "Agreement") by and between GEORGIA POWER COMPANY, a Georgia corporation ("GPC"), acting for itself and as agent for OGLETHORPE POWER CORPORATION (AN ELECTRIC MEMBERSHIP CORPORATION), an electric membership corporation formed under the laws of the State of Georgia, MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA, a public body corporate and politic and an instrumentality of the State of Georgia, and THE CITY OF DALTON, GEORGIA, an incorporated municipality in the State of Georgia acting by and through its Board of Water, Light and Sinking Fund Commissioners (hereinafter referred to collectively as "Owners"), and a consortium consisting of WESTINGHOUSE ELECTRIC COMPANY LLC, a Delaware limited liability company having a place of business in Monroeville, Pennsylvania ("Westinghouse"), and STONE & WEBSTER, INC. a Louisiana corporation having a place of business i

Lsb Industries Inc. – Engineering, Procurement and Construction Agreement (January 7th, 2014)

THIS AGREEMENT (Agreement) is made and entered into as of the 31st day of December, 2013 (Effective Date) between El Dorado Chemical Company, an Oklahoma corporation (Owner) and SAIC Constructors, LLC, an Oklahoma limited liability company (EPC Contractor).

Cheniere Energy, Inc. – FIXED PRICE SEPARATED TURNKEY AGREEMENT for the ENGINEERING, PROCUREMENT AND CONSTRUCTION of the CORPUS CHRISTI STAGE 2 LIQUEFACTION FACILITY by and Between CORPUS CHRISTI LIQUEFACTION, LLC as Owner and BECHTEL OIL, GAS AND CHEMICALS, INC. As Contractor Dated as of the 6th Day of December, 2013 (December 10th, 2013)

THIS ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT (this Agreement), dated as of the 6th Day of December, 2013 (the Contract Date), is entered into by and between CORPUS CHRISTI LIQUEFACTION, LLC, a Delaware limited liability company, having its principal place of business at 700 Milam, Suite 800, Houston, Texas 77002 (Owner), and BECHTEL OIL, GAS AND CHEMICALS, INC., a Delaware corporation, having an address at 3000 Post Oak Boulevard, Houston, Texas 77056 (Contractor and, together with Owner, each a Party and together the Parties).

Cheniere Energy, Inc. – FIXED PRICE SEPARATED TURNKEY AGREEMENT for the ENGINEERING, PROCUREMENT AND CONSTRUCTION of the CORPUS CHRISTI STAGE 1 LIQUEFACTION FACILITY by and Between CORPUS CHRISTI LIQUEFACTION, LLC as Owner and BECHTEL OIL, GAS AND CHEMICALS, INC. As Contractor Dated as of the 6th Day of December, 2013 (December 10th, 2013)

THIS ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT (this Agreement), dated as of the 6th Day of December, 2013 (the Contract Date), is entered into by and between CORPUS CHRISTI LIQUEFACTION, LLC, a Delaware limited liability company, having its principal place of business at 700 Milam, Suite 800, Houston, Texas 77002 (Owner), and BECHTEL OIL, GAS AND CHEMICALS, INC., a Delaware corporation, having an address at 3000 Post Oak Boulevard, Houston, Texas 77056 (Contractor and, together with Owner, each a Party and together the Parties).

Cheniere Energy Partners LP Holdings, LLC – Contract (November 15th, 2013)
Cheniere Energy Partners LP Holdings, LLC – Contract (October 18th, 2013)
Cheniere Energy Partners LP Holdings, LLC – LUMP SUM TURNKEY AGREEMENT for the ENGINEERING, PROCUREMENT AND CONSTRUCTION of the SABINE PASS LNG STAGE 2 LIQUEFACTION FACILITY by and Between SABINE PASS LIQUEFACTION, LLC as Owner and BECHTEL OIL, GAS AND CHEMICALS, INC. As Contractor Dated as of the 20th Day of December, 2012 (October 18th, 2013)

THIS ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT (this Agreement), dated as of the 20th Day of December, 2012 (the Contract Date), is entered into by and between SABINE PASS LIQUEFACTION, LLC, a Delaware limited liability company, having its principal place of business at 700 Milam, Suite 800, Houston, Texas 77002 (Owner), and BECHTEL OIL, GAS AND CHEMICALS, INC., a Delaware corporation, having an address at 3000 Post Oak Boulevard, Houston, Texas 77056 (Contractor and, together with Owner, each a Party and together the Parties).

Lsb Industries Inc. – Engineering, Procurement and Construction Agreement (August 15th, 2013)

THIS AGREEMENT (Agreement) is made and entered into as of the 12th day of August, 2013 (Effective Date) between El Dorado Ammonia L.L.C., an Oklahoma Limited Liability Company (Owner) and SAIC Constructors, LLC, an Oklahoma limited liability company (EPC Contractor).

ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT (Antelope Valley Solar Project 308.97 MW at the Delivery Point) (July 11th, 2013)

THIS ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT, dated as of December 28, 2012 (this "Agreement"), is entered into by and between SOLAR STAR CALIFORNIA XIX, LLC, a Delaware limited liability company ("Owner"), and SunPower Corporation, Systems, a corporation formed under the laws of the State of Delaware ("Contractor"). Owner and Contractor are each hereinafter sometimes referred to as a "Party" and collectively as the "Parties."

ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT (Antelope Valley Solar Project 270.18 MW at the Delivery Point) (July 11th, 2013)

THIS ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT, dated as of December 28, 2012 (this "Agreement"), is entered into by and between SOLAR STAR CALIFORNIA XX, LLC, a Delaware limited liablity company ("Owner"), and SunPower Corporation, Systems, a corporation formed under the laws of the State of Delaware ("Contractor"). Owner and Contractor are each hereinafter sometimes referred to as a "Party" and collectively as the "Parties."

ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT (Antelope Valley Solar Project 308.97 MW at the Delivery Point) (February 25th, 2013)

THIS ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT, dated as of December 28, 2012 (this "Agreement"), is entered into by and between SOLAR STAR CALIFORNIA XIX, LLC, a Delaware limited liability company ("Owner"), and SunPower Corporation, Systems, a corporation formed under the laws of the State of Delaware ("Contractor"). Owner and Contractor are each hereinafter sometimes referred to as a "Party" and collectively as the "Parties."

ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT (Antelope Valley Solar Project 270.18 MW at the Delivery Point) (February 25th, 2013)

THIS ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT, dated as of December 28, 2012 (this "Agreement"), is entered into by and between SOLAR STAR CALIFORNIA XX, LLC, a Delaware limited liablity company ("Owner"), and SunPower Corporation, Systems, a corporation formed under the laws of the State of Delaware ("Contractor"). Owner and Contractor are each hereinafter sometimes referred to as a "Party" and collectively as the "Parties."

Cheniere Energy Partners, LP – LUMP SUM TURNKEY AGREEMENT for the ENGINEERING, PROCUREMENT AND CONSTRUCTION of the SABINE PASS LNG STAGE 2 LIQUEFACTION FACILITY by and Between SABINE PASS LIQUEFACTION, LLC as Owner and BECHTEL OIL, GAS AND CHEMICALS, INC. As Contractor Dated as of the 20th Day of December, 2012 (December 27th, 2012)

THIS ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT (this Agreement), dated as of the 20th Day of December, 2012 (the Contract Date), is entered into by and between SABINE PASS LIQUEFACTION, LLC, a Delaware limited liability company, having its principal place of business at 700 Milam, Suite 800, Houston, Texas 77002 (Owner), and BECHTEL OIL, GAS AND CHEMICALS, INC., a Delaware corporation, having an address at 3000 Post Oak Boulevard, Houston, Texas 77056 (Contractor and, together with Owner, each a Party and together the Parties).

ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT Between HIGH PLAINS RANCH II, LLC, and SUNPOWER CORPORATION, SYSTEMS September 30, 2011 (November 2nd, 2012)

This ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT is made and entered into as of this 30th day of September, 2011 (the "Effective Date"), between High Plains Ranch II, LLC, a Delaware limited liability company ("HPR II" or "Owner") and SunPower Corporation, Systems, a Delaware corporation ("Contractor"). Each entity is sometimes individually referred to herein as a "Party" and the entities are sometimes collectively referred to herein as the "Parties."

Cheniere Energy Partners, LP – LUMP SUM TURNKEY AGREEMENT for the ENGINEERING, PROCUREMENT AND CONSTRUCTION of the SABINE PASS LNG LIQUEFACTION FACILITY by and Between SABINE PASS LIQUEFACTION, LLC as Owner and BECHTEL OIL, GAS AND CHEMICALS, INC. As Contractor Dated as of the 11th Day of November 2011 (November 14th, 2011)

THIS ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT (this Agreement), dated as of the 11th Day of November, 2011 (the Contract Date), is entered into by and between SABINE PASS LIQUEFACTION, LLC, a Delaware limited liability company, having its principal place of business at 700 Milam, Suite 800, Houston, Texas 77002 (Owner), and BECHTEL OIL, GAS AND CHEMICALS, INC., a Delaware corporation, having an address at 3000 Post Oak Boulevard, Houston, Texas 77056 (Contractor and, together with Owner, each a Party and together the Parties).

Southern Power Co – Amendment No. 4 to Engineering, Procurement and Construction Agreement Between Georgia Power Company, for Itself and as Agent for Oglethorpe Power Corporation (An Electric Membership Corporation), Municipal Electric Authority of Georgia and the City of Dalton, Georgia, Acting by and Through Its Board of Water, Light and Sinking Fund Commissioners, as Owners and a Consortium Consisting of Westinghouse Electric Company Llc and Stone & Webster, Inc., as Contractor for Units 3 & 4 at the Vogtle Electric Generating Plant Site in Waynesboro, Georgia Dated as of April 8, 2008 (August 5th, 2011)

This AMENDMENT NO. 4 (the "Amendment") TO THE ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT, dated April 8, 2008, as amended (the "Agreement") by and between GEORGIA POWER COMPANY, a Georgia corporation ("GPC"), acting for itself and as agent for OGLETHORPE POWER CORPORATION (AN ELECTRIC MEMBERSHIP CORPORATION), an electric membership corporation formed under the laws of the State of Georgia, MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA, a public body corporate and politic and an instrumentality of the State of Georgia, and THE CITY OF DALTON, GEORGIA, an incorporated municipality in the State of Georgia acting by and through its Board of Water, Light and Sinking Fund Commissioners (hereinafter referred to collectively as "Owners"), and a consortium consisting of WESTINGHOUSE ELECTRIC COMPANY LLC, a Delaware limited liability company having a place of business in Cranberry Township, Pennsylvania ("Westinghouse"), and STONE & WEBSTER, INC. a Louisiana corporation having a place of busi

AMENDED AND RESTATED ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT Between RED RIVER ENVIRONMENTAL PRODUCTS, LLC Owner and BE&K CONSTRUCTION COMPANY, LLC Contractor (April 1st, 2011)

* indicates portions of the exhibit that have been omitted pursuant to a request for confidential information. The non-public information has been filed with the Commission.

USA Synthetic Fuel Corp – CONFIDENTIAL ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT by and Between Lima Energy Company as Owner and GASIFICATION ENGINEERING CORPORATION (GEC) as General Contractor Dated as of April 18, 2006 (July 29th, 2010)

THIS ENGINEERING, PROCUREMENT and CONSTRUCTION AGREEMENT, dated as of April 18, 2006 (the Effective Date), between Lima Energy Company, an Ohio corporation organized and existing under the laws of Ohio (Owner), and Gasification Engineering Corporation (GEC), an Ohio corporation organized and existing under the laws of Ohio (General Contractor).

USA Synthetic Fuel Corp – CONFIDENTIAL ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT by and Between Lima Energy Company as Owner and GASIFICATION ENGINEERING CORPORATION (GEC) as General Contractor Dated as of April 18, 2006 (July 22nd, 2010)

THIS ENGINEERING, PROCUREMENT and CONSTRUCTION AGREEMENT, dated as of April 18, 2006 (the Effective Date), between Lima Energy Company, an Ohio corporation organized and existing under the laws of Ohio (Owner), and Gasification Engineering Corporation (GEC), an Ohio corporation organized and existing under the laws of Ohio (General Contractor).

Southern Power Co – Amendment No. 3 to Engineering, Procurement and Construction Agreement Between Georgia Power Company, for Itself and as Agent for Oglethorpe Power Corporation (An Electric Membership Corporation), Municipal Electric Authority of Georgia and the City of Dalton, Georgia, Acting by and Through Its Board of Water, Light and Sinking Fund Commissioners, as Owners and a Consortium Consisting of Westinghouse Electric Company Llc and Stone & Webster, Inc., as Contractor for Units 3 & 4 at the Vogtle Electric Generating Plant Site in Waynesboro, Georgia Dated as of April 8, 2008 (May 7th, 2010)

This AMENDMENT NO. 3 (the "Amendment") TO THE ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT, dated April 8, 2008, as amended (the "Agreement") by and between GEORGIA POWER COMPANY, a Georgia corporation ("GPC"), acting for itself and as agent for OGLETHORPE POWER CORPORATION (AN ELECTRIC MEMBERSHIP CORPORATION), an electric membership corporation formed under the laws of the State of Georgia, MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA, a public body corporate and politic and an instrumentality of the State of Georgia, and THE CITY OF DALTON, GEORGIA, an incorporated municipality in the State of Georgia acting by and through its Board of Water, Light and Sinking Fund Commissioners (hereinafter referred to collectively as "Owners"), and a consortium consisting of WESTINGHOUSE ELECTRIC COMPANY LLC, a Delaware limited liability company having a place of business in Monroeville, Pennsylvania ("Westinghouse"), and STONE & WEBSTER, INC. a Louisiana corporation having a place of business in

Southern Power Co – Amendment No. 2 to Engineering, Procurement and Construction Agreement Between Georgia Power Company, for Itself and as Agent for Oglethorpe Power Corporation (An Electric Membership Corporation), Municipal Electric Authority of Georgia and the City of Dalton, Georgia, Acting by and Through Its Board of Water, Light and Sinking Fund Commissioners, as Owners and a Consortium Consisting of Westinghouse Electric Company Llc and Stone & Webster, Inc., as Contractor for Units 3 & 4 at the Vogtle Electric Generating Plant Site in Waynesboro, Georgia Dated as of April 8, 2008 (May 7th, 2010)

This AMENDMENT NO. 2 TO THE ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT, dated April 8, 2008, as amended (the "Agreement") by and between GEORGIA POWER COMPANY, a Georgia corporation ("GPC"), acting for itself and as agent for OGLETHORPE POWER CORPORATION (AN ELECTRIC MEMBERSHIP CORPORATION), an electric membership corporation formed under the laws of the State of Georgia, MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA, a public body corporate and politic and an instrumentality of the State of Georgia, and THE CITY OF DALTON, GEORGIA, an incorporated municipality in the State of Georgia acting by and through its Board of Water, Light and Sinking Fund Commissioners (hereinafter referred to collectively as "Owners"), and a consortium consisting of WESTINGHOUSE ELECTRIC COMPANY LLC, a Delaware limited liability company having a place of business in Monroeville, Pennsylvania ("Westinghouse"), and STONE & WEBSTER, INC. a Louisiana corporation having a place of business in Charlotte, North

Southern Power Co – Amendment No. 1 to Engineering, Procurement and Construction Agreement Between Georgia Power Company, for Itself and as Agent for Oglethorpe Power Corporation (An Electric Membership Corporation), Municipal Electric Authority of Georgia and the City of Dalton, Georgia, Acting by and Through Its Board of Water, Light and Sinking Fund Commissioners, as Owners and a Consortium Consisting of Westinghouse Electric Company Llc and Stone & Webster, Inc., as Contractor for Units 3 & 4 at the Vogtle Electric Generating Plant Site in Waynesboro, Georgia Dated as of April 8, 2008 (February 25th, 2010)

This AMENDMENT NO. 1 TO THE ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT, dated April 8, 2008 (the "Agreement") by and between GEORGIA POWER COMPANY, a Georgia corporation ("GPC"), acting for itself and as agent for OGLETHORPE POWER CORPORATION (AN ELECTRIC MEMBERSHIP CORPORATION), an electric membership corporation formed under the laws of the State of Georgia, MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA, a public body corporate and politic and an instrumentality of the State of Georgia, and THE CITY OF DALTON, GEORGIA, an incorporated municipality in the State of Georgia acting by and through its Board of Water, Light and Sinking Fund Commissioners (hereinafter referred to collectively as "Owners"), and a consortium consisting of WESTINGHOUSE ELECTRIC COMPANY LLC, a Delaware limited liability company having a place of business in Monroeville, Pennsylvania ("Westinghouse"), and STONE & WEBSTER, INC. a Louisiana corporation having a place of business in Charlotte, North Carolina ("S

Raser Technologies – Engineering, Procurement and Construction Agreement (December 11th, 2009)

THIS FIRST AMENDMENT (this Amendment) to the Engineering, Procurement and Construction Agreement dated as of August 31, 2008 (the Agreement) by and between RASER TECHNOLOGIES, INC. (Contractor) and THERMO NO. 1 BE-01, LLC, a Delaware limited liability company (Owner), is made and entered on the 4th day of December, 2009.

Raser Technologies – Engineering, Procurement and Construction Agreement (December 11th, 2009)

THIS FIRST AMENDMENT (this Amendment) to the Engineering, Procurement and Construction Agreement dated as of August 31, 2008 (the Agreement) by and between RASER TECHNOLOGIES, INC. (Contractor) and THERMO NO. 1 BE-01, LLC, a Delaware limited liability company (Owner), is made and entered on the 4th day of December, 2009.

GenOn Energy Holdings – Portions of the Exhibits Hereto Marked by *** Have Been Omitted Pursuant to a Request for Confidential Treatment Filed Separately With the Securities and Exchange Commission Engineering, Procurement and Construction Agreement Between Mirant Mid-Atlantic, Llc & Mirant Chalk Point Llc (Each Individually an Owner and Collectively the Owners) and Mirant Mid-Atlantic, Llc as Agent for the Owners and Stone & Webster, Inc. (Contractor) for Engineering, Procurement & Construction Services Relating to Air Quality Control Systems at Morgantown Generating Station, Dickerson Generating Station and Chalk P (November 6th, 2009)

THIS ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT is made this 30th day of July, 2007, by and between MIRANT MID-ATLANTIC, LLC , a Delaware limited liability company, and MIRANT CHALK POINT, LLC , a Delaware limited liability company (each individually an Owner , or collectively, Owners as further described in Sections 2.1 and 2.2), MIRANT MID-ATLANTIC, LLC as agent for the Owners, and STONE & WEBSTER, INC. , a Louisiana corporation ( Contractor ).