UNILATERAL CHANGE ORDER FORM

EXHIBIT 10.15

SCHEDULE D-2

UNILATERAL CHANGE ORDER FORM

 

 

You are hereby directed to make the following additions or modifications to, or deductions from, the Work: (attach additional documentation if necessary)

Increase sendout pressure of the Natural Gas as measured at the back-pressure control valve located just upstream of the Master Meter from 1250 psig to 1440 psig. Piping from outlet of the high pressure sendout pumps through to and including the last flange of the LNG terminal shall be ANSI Class 900 lb. Temperature of sendout gas and all other requirements of the Minimum Acceptance Criteria and the Performance Guarantees as specified in Attachment S and Attachment T of the Agreement shall be remain the same.

Contractor shall proceed with design solely on the basis of a 1440 psig sendout pressure and prepare the required documentation, including a completed Schedule D-3 in accordance with Article 6.1A of the Agreement.

 

Compensation for the changes specified in this Change Order is on a time and materials basis as provided in Section 6.1C and 6.2D of the Agreement.

Contractor shall commence with the performance of the change(s) described above on January 18, 2005.

This Change Order is signed by Owner’s duly authorized representative.

 

/s/    Ed Lehotsky

Owner Representative Ed Lehotsky

 

January18, 2005

Date of signing

 

SCHEDULE D-1

CHANGE ORDER FORM

 

 

The Agreement between the Parties listed above is changed as follows:

Adjustment to Contract Price

 

Adjustment to dates in Project Schedule

The following dates are modified (list all dates modified; insert N/A if no dates modified):

The Target Bonus Date will be unchanged.

The Target Bonus Date as of the date of this Change Order therefore is 1,095 Days following NTP

The Guaranteed Substantial Completion Date will be unchanged.

The Guaranteed Substantial Completion Date as of the date of this Change Order therefore is 1,247 Days following NTP

Adjustment to other Changed Criteria: The Tank Subcontract will be awarded to MHI/MSI

Adjustment to Milestone Payment Schedule, Schedule C-1:

 

•

Milestone Number 2.02, LNG Tank Subcontract Awarded, will be increased by $1,500,000 from $3,234,680 to $4,734,680. The entire $1,500,000 increase will be provided as an increased payment to the LNG Tank Subcontractor MHI/MSI

 

•

Milestone Number 4.03, “LNG Tank test piling started,” will be decreased by $350,000 from $3,234,680 to $2,784,680 to offset the payment to MHI/MSI for LNTP, as described in the Adjustment to Payment Schedule, Schedule C-2 below

Adjustment to Monthly Payment Schedule, Schedule C-2:

 

•

Payment for Month #2, Feb-05, will be increased by $350,000 from $2,005,502 to $2,355,502. The entire $350,000 increase will be provided as a payment for Limited Notice to Proceed to the LNG Tank Subcontractor MHI/MSI

Adjustment to Minimum Acceptance Criteria: None

Adjustment to Design Basis: None

Other adjustments to liability or obligation of Contractor or Owner under the Agreement:

MHI/MSI shall be awarded the Tank Subcontract

This Change Order shall constitute a full and final settlement and accord and satisfaction of all effects of the change as described in this Change Order upon the Changed Criteria and shall be deemed to compensate Contractor fully for such change.

Upon execution of this Change Order by Owner and Contractor, the above-referenced change shall become a valid and binding part of the original Agreement without exception or qualification, unless noted in this Change Order. Except as modified by this and any previously issued Change Orders, all other terms and conditions of the Agreement shall remain in full force and effect. This Change Order is executed by each of the Parties, duly authorized representatives.

 

/s/ Charif Souki				/s/ C. Asok Kumar
* Charif Souki Chairman				Contractor
				C. Asok Kumar
				Name
				Project Director
				Title
				February 7, 2005
Date of Signing				Date of Signing
/s/ Keith Meyer
* Keith Meyer President
February 7, 2005
Date of Signing
/s/ Ed Lehotsky
* Ed Lehotsky Owner Representative
February 7, 2005
Date of Signing

 

*	Required Owner signature

SCHEDULE D-2

UNILATERAL CHANGE ORDER FORM

 

 

You are hereby directed to make the following additions or modifications to, or deductions from, the Work

Contractor shall delete the High Pressure Compressor from its scope (included in the reimbursable scope) and instead install only the tie-ins and space necessary for a “Future” diesel driven compressor. All other requirements of the Agreement shall remain the same.

Discussions with FERC indicate that they feel a High Pressure Sendout Compressor is required in case the LNG Tanks are de-inventoried in order to “mothball” the LNG Terminal. Since this is a very remote possibility, and since venting of this gas is neither a safety nor environmental concern, Owner will present formal arguments to FERC to delete this requirement. Failing this, Owner will propose to FERC that only connections and space are provided for this compressor. If the Terminal is mothballed, Owner will purchase or rent a portable compressor(s), heater, and other equipment, install it, and accomplish the required transfer to the pipeline.

Contractor shall proceed with design as described above and prepare the required documentation, including a completed Schedule D-3 in accordance with Article 6.1A of the Agreement.

Contractor shall commence with the performance of the change(s) described above on January 25, 2005.

This Change Order is signed by Owner’s duly authorized representatives.

 

/s/ Charif Souki				/s/ Keith Meyer
* Charif Souki Chairman				* Keith Meyer President
February 11, 2005				February 9, 2005
Date of Signing				Date of Signing
/s/ Ed Lehotsky
* Ed Lehotsky Owner Representative
January 25, 2005
Date of Signing

 

*	Required Owner signature

SCHEDULE E-1

CHANGE ORDER FORM

 

 

The Agreement between the Parties listed above is changed as follows: Approval of Change Orders via Schedule D-1 and D-2 (Rev. 1) of the EPC Agreement will require the signatures of both Messrs. Charif Souki and Keith Meyer, in addition to the designated Owner Representative, Ed Lehotsky. This requirement will not apply to any other correspondence under the EPC Agreement.

A revised copy of Schedules D-1 and D-2 is attached reflecting the above change.

 

Adjustment to Contract Price

 

Adjustment to dates in Project Schedule

The following dates are modified (list all dates modified; insert N/A if no dates modified):

The Target Bonus Date will be unchanged.

The Target Bonus Date as of the date of this Change Order therefore is 1,095 Days following NTP.

The Guaranteed Substantial Completion Date will be unchanged.

The Guaranteed Substantial Completion Date as of the date of this Change Order therefore is 1,247 Days following NTP.

Adjustment to other Changed Criteria: None

Adjustment to Payment Schedule: None

Adjustment to Minimum Acceptance Criteria: None

Adjustment to Performance Guarantees: None

Adjustment to Design Basis: None

Other adjustments to liability or obligation of Contractor or Owner under the Agreement: N/A

 

1

This Change Order shall constitute a full and final settlement and accord and satisfaction of all effects of the change as described in this Change Order upon the Changed Criteria and shall be deemed to compensate Contractor fully for such change.

Upon execution of this Change Order by Owner and Contractor, the above-referenced change shall become a valid and binding part of the original Agreement without exception or qualification, unless noted in this Change Order. Except as modified by this and any previously issued Change Orders, all other terms and conditions of the Agreement shall remain in full force and effect. This Change Order is executed by each of the Parties’ duly authorized representatives.

 

/s/ Charif Souki				/s/ C. Asok Kumar
* Charif Souki Chairman				Contractor
				C. Asok Kumar
				Name
				Project Director
				Title
				March 31, 2005
Date of Signing				Date of Signing
/s/ Keith Meyer
* Keith Meyer President
March 29, 2005
Date of Signing
/s/ Ed Lehotsky
* Ed Lehotsky Owner Representative
Date of Signing

 

*	Required Owner signature

 

2

SCHEDULE D-1

CHANGE ORDER FORM