Exhibit 10(ff)
CONTRACT AGREEMENT
This Contract is made and effective as of
January 12, 2005, 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 Ershigs, Inc., a corporation of the
State of Washington, (hereinafter called Contractor), with offices
at 742 Marine Drive, Bellingham, Washington, 98227. 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 and Killen Station AQC Projects, in accordance with
Specification No. 139226.72.3608 (the
Specification).
Purchaser shall pay
to Contractor , in the manner indicated within this
Contract, for the complete and satisfactory performance of all
the Work, a firm, fixed lump sum amount of $58,515,000, which
the Contractor shall
accept as full compensation therefore.
Time is a material
consideration of this Contract. T he Work shall be performed
in accordance with the schedule provided within this
Contract. The Parties
agree that neither this Contract Agreement nor any other portion of
the Contract releases Contractor to proceed with any portion of the
Work described herein. Such release shall only be made by
Purchaser’s issuance of a Purchase Order (or Purchase Orders)
to Contractor, which may release Contractor for all or only a
portion of the Work described herein. The commercial
ter
