Exhibit 10.1
AMENDMENT
TO
ENGINEERING, PROCUREMENT
AND
CONSTRUCTION
SERVICES
FIXED PRICE
CONTRACT
LOCATION: AURORA,
NEBRASKA
THIS AMENDMENT
(“Amendment”) is made
and entered into effective as of October 1, 2008 by and between
Aventine Renewable Energy - Aurora West, LLC (“Owner”)
and Kiewit Energy Company (“Kiewit”).
WITNESSETH
WHEREAS, Owner and Kiewit are
parties to that certain Engineering, Procurement and Construction
Services Fixed Price Contract dated May 31, 2007 (the
“Contract”); and
WHEREAS, Owner and Kiewit desire to
amend the Contract as set forth below.
NOW, THEREFORE, in consideration of
the premises and the mutual covenants herein contained, Owner and
Kiewit agree as follows;
1.
Capitalized terms not defined herein shall have the meaning set
forth in the Contract.
2.
The first sentence of Section 5.1 of the Contract is deleted in its
entirety and the following language is inserted in lieu
thereof:
“Kiewit guarantees that
Substantial Completion of the Work will be achieved no later
than June 30, 2009 (“Guaranteed Substantial Completion
Date”).”
3.
The third sentence of Section 5.1 of the Contract is hereby amended
by inserting the following language after the phrase
“provided, however,” on the last line of page 12 of the
Contract:
“such Base LDs shall not
commence with until the 31 st Day after the Guaranteed
Substantial Completion Date (i.e. Day 1 under item (i) above shall
be such 31 st Day after the Guaranteed Substantial
Completion Date) and provided further,
however, . . .”
4.
Section 5.3 Early Completion Bonus of the Contract is
deleted in its entirety and there shall be no early completion
bonus under the Contract.
5.
For all Work performed under the Contract prior to September 22,
2008 (i.e. for Work covered by invoices through and including
Monthly Progress Invoice No. 18), Owner will make monthly
progress payments in accordance with Section 8.3. For all Work
performed under the Contract from and after September 22, 2008,
notwithstanding any language of the second, third and fourth
sentences of Section 8.3 to the contrary, Owner shall pay for such
Work in nine (9) equal monthly installments. Such nine (9) equal
monthly installments shall be determined as
