Exhibit 10.9(d)
---------------
AMENDMENT NO. 3
TO THE
POWER PURCHASE CONTRACT
BETWEEN
SOUTHERN CALIFORNIA EDISON COMPANY
AND
ZOND WIND SYSTEM PARTNERS, LTD. SERIES 85-B
MONOLITH II
QFID NO. 6044
AMENDMENT NO. 3 TO THE
POWER PURCHASE CONTRACT BETWEEN
SOUTHERN CALIFORNIA EDISON COMPANY AND
ZOND WIND SYSTEM PARTNERS, LTD. SERIES 85-B
1. PARTIES: This Amendment No. 3 to the Power Purchase Contract
("Contract") between Zond Windsystem Partners, Ltd. Series 85-B, a
California limited partnership ("Seller"), and Southern California
Edison Company, a California corporation ("Edison"), is entered into by
Seller and Edison, individually "Party," collectively "Parties."
2. RECITALS: This Amendment No. 3 to the Contract is made with reference to
the following facts, among others:
2.1 The Contract was executed between Zond Systems, Inc. and Edison
on June 22, 1984.
2.2 The Contract was assigned to Seller on September 9, 1985.
2.3 The Contract was amended on September 20, 1985 to increase the
Contract's nameplate rating and on September 13, 1989 to correct
the location of the Generating Facility, to define Nameplate
Rating within the body of the Contract, to limit the size of
Seller's Generating Facility on a Nameplate Rating basis, and to
provide that Edison will not pay for Energy and capacity which
is produced by any portion of the Generating Facility which is
in excess of the Nameplate Rating.
2.4 Seller wishes to add Zond Systems, Inc. as a Seller under the
Contract.
2.5 The Parties wish to amend the Contract to reflect intentions
referenced in this Section 2. The changes agreed to by amendment
are set forth herein.
3. AGREEMENT: The Parties agree to amend the Contract as follows:
3.1 Section 1 is amended to add Zond Systems, Inc. as a Seller and
shall now read in part as follows:
"1. Project Summary
This Contract is entered into by Southern California
Edison Company, a California corporation ("Edison"),
Zond Windsystem Partners, Ltd. Series 85-B, a California
partnership, and Zond Systems, Inc., a California
corporation, collectively referred to as ("Seller") . .
.".
4. OTHER CONTRACT TERMS AND CONDITIONS: Except as expressly amended by this
Amendment No. 3, the terms and conditions of the Contract and Amendments
1 and 2 shall remain in full force and effect.
5. EFFECTIVE DATE: This Amendment No. 3 shall become effective when it has
been duly executed by the Parties.
6. SIGNATURE CLAUSE: The signatories hereto represent that they have been
duly authorized to enter into this Amendment No. 3 to the Contract on
behalf of the Party for whom they sign. This Amendment No. 3 to the
Contract is hereby executed as of this 31st day of October 1991.
SOUTHERN CALIFORNIA EDISON COMPANY
By: /s/ Glenn J. Bjorklund
---------------------------
Name: GLENN J. BJORKLUND
Title: Vice President
ZOND WIND SYSTEM PARTNERS, LTD.
SERIES 85-B
By its authorized General Partner:
ZOND WIND SYSTEMS MANAGEMENT
CORPORATION III, a California
Corporation
By: /s/ Kenneth C. Karas
---------------------------
Name: KENNETH C. KARAS
Title: President
ZOND SYSTEMS, INC.
By: /s/ Kenneth C. Karas
---------------------------
Name: KENNETH C. KARAS
Title: President