Procurement And Construction Agreement Sample Contracts

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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.

Raser Technologies – Section 8.1 Consequential Damages 27 Article Ix Warranties and Guaranties 28 Section 9.1 Warranties 28 Section 9.2 Warranty Period 28 Section 9.3 Repair of Defects 28 Section 9.4 Warranty Period Extension 29 Section 9.5 No Liens or Encumbrances 29 Section 9.6 Limitation of Warranty 30 Article X Changes 30 Section 10.1 Changes 30 Article Xi Force Majeure 30 Section 11.1 Excused Performance 30 Section 11.2 Burden of Proof 31 Article Xii Indemnification 31 Section 12.1 Contractors Indemnity 31 Section 12.2 Owners Indemnity 31 Section 12.3 Recovery 32 Section 12.4 Notice 32 Section 12.5 Defense Of (September 5th, 2008)

ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT, dated as of August 31, 2008 (the Effective Date), by and between Thermo No. 1 BE-01, LLC, a Delaware limited liability company (Owner), and Raser Technologies, Inc., a Delaware corporation (Contractor).

GenOn Energy Holdings – 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 Point Generating Station (August 3rd, 2007)

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).

GenOn Energy Holdings – 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 Point Generating Station (August 3rd, 2007)

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).

GenOn Energy Holdings – 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 Point Generating Station (August 3rd, 2007)

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).

Mirant North America, LLC – 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 Point Generating Station (August 3rd, 2007)

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).