EXHIBIT 10.57
Amendment to Turnkey,
Engineering, Procurement
and Construction
Agreement
This Amendment
to Turnkey, Engineering, Procurement and Construction Agreement for
Solar Photovoltaic Generating Facility (this “
Amendment ”), is made and entered into as of
this
7
day of October 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 into that certain Turnkey, Engineering, Procurement and
Construction Agreement for Solar Photovoltaic Generating Facility,
dated as of July 3, 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 is hereby
acknowledged, the Parties do hereby agree as follows:
1. The Agreement
shall be amended by deleting “Appendix Z” and
“Appendix Z-1” of the Agreement in its entirety and
inserting “Appendix Z” and “Appendix Z-1”
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 execution of this Amendment, this
Amendment shall thereafter automatically become a part of the
Agreement. Wherever the terms of this Amendment and
the
