EXHIBIT 10.1
SECOND AMENDMENT
to
POWER SUPPLY AND SERVICE
AGREEMENT
between
FIRST CHOICE POWER SPECIAL
PURPOSE, L.P.
and
CONSTELLATION ENERGY COMMODITIES
GROUP, INC.
This Second Amendment to Power
Supply and Service Agreement dated as of August 25, 2004
(“Amendment”) is by and between First Choice Power
Special Purpose, L.P., a Texas limited partnership (“First
Choice”), and Constellation Energy Commodities Group, Inc.,
formerly known as Constellation Power Source, Inc., a Delaware
corporation (“Constellation”) (each a
“Party” and collectively, the “Parties”).
Reference is made to the Power Supply and Service Agreement dated
as of December 22, 2003 (“Agreement”) between First
Choice and Constellation. Capitalized terms used herein and not
defined herein shall have the meanings set forth in the
Agreement.
WHEREAS, the Parties to the
Agreement desire to amend the Agreement to, among other things,
modify the procedure set forth in the Agreement for the calculation
of Ancillary Service obligations; and
WHEREAS, the Parties desire to amend
the Agreement on the terms and conditions set forth
herein;
NOW, THEREFORE, in accordance with
the foregoing and in consideration of the mutual promises,
covenants, and agreements set forth herein, and for good and
valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties hereby agree as
follows:
Section 1.
Amendment.
1.1 The Agreement is hereby amended,
as follows:
a. Section 6.2(d)(i) of Article Six
is replaced in its entirety with the following:
[***]
