Exhibit 10(ee)
CONTRACT AGREEMENT
This Contract Agreement is made and effective as
of October 27, 2004, by and between The Dayton Power and Light
Company, a corporation of the State of Ohio, (hereinafter called
Purchaser), with offices at US Route 52 (4 miles east of Aberdeen),
Aberdeen, Ohio, 45101, and Pullman Power LLC, a Limited Liability
Corporation of the State of Maryland, (hereinafter called
Contractor), with offices at 1575 Universal Avenue, Ste. 230,
Kansas City, Missouri 64120. Wherever the word
“Subcontractor” is used in this Contract, it shall be
deemed to mean the Contractor. Purchaser and Contractor
(collectively, the Parties) agree as follows:
In consideration of the mutual covenants
contained herein and other valuable consideration, receipt and
sufficiency of which are hereby acknowledged, the Parties hereby
agree as follows:
Contractor agrees to provide all adequate and
competent labor, plus all materials, equipment, tools, supplies,
transportation, supervision, technical and professional and other
services and items, and to perform all operations necessary and
required for the complete performance of the work
(“Work”) for the
J.M. Stuart Station AQC Project, in accordance with Specification
No. 069685.71.0409 (the Specification).
Purchaser shall pay
to Contractor , in the manner indicated within the
Specification, for the complete and satisfactory performance of all
the Work, a firm, fixed lump sum amount of $31,000,000.00, which
the Contractor shall
accept as full compensation therefore.
Time is a material
consideration of this Contract Agreement. T
he Work shall
be performed in accordance with the schedule provided within
the Specification.
The Parties agree that neither this
Contract Agreement nor any other portion of the Specification
releases Contractor to proceed with any portion of the Work
described
