EXHIBIT 10.58
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CONFIDENTIAL TREATMENT
REQUESTED
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CONFIDENTIAL PORTIONS OF THIS
DOCUMENT HAVE BEEN REDACTED AND HAVE BEEN SEPARATELY FILED WITH THE
SECURITIES AND EXCHANGE COMMISSION
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Amendment No. 2 to
Turnkey Engineering, Procurement
and
Construction Agreement
This Amendment
No. 2 to Turnkey, Engineering, Procurement and Construction
Agreement for Solar Photovoltaic Generating Facility (this “
Amendment ”), is made and entered into as of this
25 day of November 2008, by and among Florida Power Light
Company (“FPL”) and SunPower Corporation,
Systems (“ Contractor ”, together with FPL, the
“ Parties ”, individually, a “
Party ”).
W I T N E S S E T
H:
WHEREAS, the
Parties entered into that certain Turnkey, Engineering, Procurement
and Construction Agreement for Solar Photovoltaic Generating
Facility, dated as of July 3, 2008 (as amended by Amendment to
Turnkey, Engineering, Procurement and Construction Agreement for
Solar Photovoltaic Generating Facility, dated as of October 7,
2008, the “ Agreement ”); and
WHEREAS, the
Parties have agreed to amend the Agreement as set forth in this
Amendment; and
NOW, THEREFORE,
in consideration of the mutual promises and covenants contained
herein and in the Agreement and for other good and valuable
consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties do hereby agree as follows:
1. The Agreement
shall be amended by deleting “Appendix D” of the
Agreement in its entirety and inserting “Appendix D” to
this Amendment in lieu thereof.
2. This Amendment is
executed in connection with, and is deemed to be a part of, the
Agreement. Upon the execution of this Amendment, this
Amendment shall thereafter automatically become a part of the
Agreement. Wherever the terms of this Amendment and the
terms of the Agreement are in conflict, the terms of this Amendment
shall govern and control. Capitalized terms used herein,
unless otherwise defined in this Amendment, shall have the meanings
ascribed to them in the Agreement.
3. The execution,
delivery, and performance of this Amendment has been duly
authorized by all requisite corporation action and this Amendment
constitutes the legal, valid and bindi
