Exhibit 10.58
***CONFIDENTIAL TREATMENT REQUESTED ? CONFIDENTIAL PORTIONS OF THIS DOCUMENT HAVE BEEN REDACTED AND HAVE BEEN SEPARATELY FILED WITH THE COMMISSION***
In Madrid, on the 29 th day of November, 2007
APPEARING PARTIES
(1)
SUNPOWER ENERGY SYSTEMS SPAIN, S.L. (hereinafter, the " Contractor "), with a registered office in Madrid, at calle Pradillo nba 5.
(2)
MORALAS RENOVABLES, S.L. (hereinafter, the " Owner "), with a registered office at calle Nfaf1ez de Balboa, 120, 7ba, 28006, Madrid and
having Tax Identification Code (CIF) number B-79136636.
Hereinafter, the companies mentioned in paragraphs (1) and (2) above, will be jointly referred to as the " Parties ".
RECITALS
I.
That on November 6, 2007, Contractor and Owner entered into a turnkey construction contract for the construction of a solar park in Manzanares, consisting of 50 Solar Facilities of 100kW each, which was amended by virtue
of another agreement entered into among others, by Contractor and Owner on November 21, 2007 (hereinafter, jointly, the " Construction Contract ").
II.
That the Construction Contract included:
(i)
The Owner's undertaking to provide Contractor with the definitive geotechnical report about the Site, so that Contractor confirms the modifications in the Scope of Work and/or the Contract Price that may arise
from the terms of said geotechnical report;
(ii)
A reference stating that the prices of the perimeter fences and the monitoring system (Scada) of the tracker hubs were not included in the Contract Price and therefore, the inclusion thereof in the Scope of Work shall
be conditioned upon Contractor's delivery to Owner of an offer to perform such works and the issuance of a Change Order agreeing to a new Contract Price including such items.
(iii)
The need of reviewing the Technical Specifications attached as Annex 2 to the Construction Contract by Contractor.
III.
That Owner has provided Contractor with the geotechnical report established in paragraph (i) of Recital II above and the Technical Specifications, and that the Parties have reached an agreement on the price of the perimeter
fences and the monitoring system (Scada) of the tracker hubs.
*** CONFIDENTIAL MATERIAL REDACTED AND
SEPARATELY FILED WITH THE COMMISSION***
1
IV.
That in order to formalize the agreement reached by the Parties on the issues mentioned in Recitals II and III above, the Parties have decided to enter into this Contract which shall be ruled by the following
CLAUSES
1.
DEFINED TERMS
All the capitalized terms which are not herein expressly defined, shall have the same meaning ...
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