EX-4.19 4 dex419.htm AMEND NO. 1 TO ELECTRIC POWER PURCHASE AND SALE AGREEMENT Amend No. 1 to Electric Power Purchase and Sale Agreement

Exhibit 4.19

 

Chesf

 

Companhia Hidro Elétrica do São Francisco

 

ELECTRIC POWER PURCHASE AND SALE AGREEMENT

 

CHESF

 

X

 

BRASKEM S.A.

 

BASIC PETROCHEMICALS UNIT - UNIB

 

ADDENDUM TO CCVE - 012/2004


FIRST TERM OF ADDENDUM TO THE ELECTRIC POWER PURCHASE AND SALE AGREEMENT CELEBRATED BETWEEN COMPANHIA HIDRO ELÉTRICA DO SÃO FRANCISCO - CHESF AND BRASKEM S.A., ON OCTOBER 20, 2004.

 

By this instrument, the PARTIES

 

COMPANHIA HIDRO ELÉTRICA DO SÃO FRANCISCO — CHESF, a public services concessionaire engaged in the supply of electric power, headquartered in the city of Recife, in the state of Pernambuco, at Rua Delmiro Gouveia, n° 333, Bairro do Bongi, enrolled before the CNPJ of the Ministry of Finance under no. 33.541.368/0001-16, and enrolled before the state tax office under no. 18.1.001.0005584-6, hereinafter simply referred to as “CHESF” and represented herein pursuant its Social Bylaws by its Directors, described and undersigned at the end of the agreement; and

 

BRASKEM S.A., with headquarters in the city of Camaçari, in the state of Bahia, at Rua Eteno, n° 1561, Petrochemical Complex, enrolled before the CNPJ of the Ministry of Finance under no. 42.150.391/0001-70, and enrolled before the state tax office under no. 01.027.389-NO, hereinafter simply referred to as “CONSUMER” and represented herein pursuant is Social Bylaws by its Directors who have been described at the end and who have signed this agreement;

 

WHEREAS

 

    pursuant art. 25 of Law no. 10.848 dated March 15, 2004, the PARTIES have decided to modify the power supply agreement purporting to have it comply with the new sectorial regulations regarding the commercialization of electric power, replacing it by several electric power purchase and sale agreements and the use of the transmission and connection system,

 

    as result, the PARTIES have signed the Electric Power Purchase and Sale Agreement on October 20, 2004, referred to herein as AGREEMENT;

 

    and pursuant art. 25 of Law no. 10.848, dated March 15, 2004, the parties being interested in amending said AGREEMENT;

 

have decided to celebrate the 1st. Term of Addendum to the AGREEMENT pursuant the following clauses and conditions:

 

FIRST CLAUSE – This Term of Addendum (“ADDENDUM”) purports to extend the term of the AGREEMENT and, for all contractual purposes, to establish:

 

a) the required amounts for the year 2010;


b) the limits regarding the revision of requirements for year 2010,

 

SECOND CLAUSE the AGREEMENT being amended herein shall have its term extended to remain in effect until December 31, 2010, being extinguished at that time upon full accomplishment of all obligations arising therein;

 

THIRD CLAUSE — The ELECTRIC POWER RESERVE CHART appended to Annex I of the AGREEMENT being amended herein by the ELECTRIC POWER RESERVE CHART listed on Annex I to this Term of Addendum;

 

FOURTH CLAUSE — The chart showing the limits for the variation regarding the annual revision of requirements, found in sub-item (c) of the Third Paragraph of Clause 5 of said AGREEEMENT being amended herein is replaced by the table infra.

 

Year of

Supply


 

Lower Limit

%


 

Upper Limit

%


2006

  83   120

2007

  70   120

2008

  70   120

2009

  70   120

2010

  65   125


FIFTH CLAUSE — All the remaining terms envisaged in the AGREEMENT remain unchanged, and they shall remain throughout their term of effectiveness.

 

And, in witness whereof, the PARTIES have celebrated this TERM OF ADDENDUM in two (2) counterparts, each considered to be an original, in the presence of the two undersigned witnesses.

 

Recife, October 20, 2004.

 

Companhia Hidro Elétrica do São Francisco – CHESF
           

Dilton da Conti Oliveira

     

Mozart Bandeira Arnaud

Director-President

     

Operations Director

CPF: 018.205.404-72

     

CPF: 137.474.444-15

 

CONSUMER: BRASKEM S.A. – UNIB-BA        
           

Bernardo Afonso de Almeida

     

Ricardo de Maya Gomes Simões

Gradin

     

Power Manager/Attorney in Fact

Director

     

CPF: 382.605.654-04

CPF: 316.183.245-00

       

 

Witnesses:        
           

Manoel Carnauba Cortez

     

José Carlos de Miranda Farias

CPF: 209.049.084-53

     

CPF: 090.244-174-49


ELECTRIC POWER RESERVE CHART - ANNEX I

 

Annex to the Term of Addendum No. 01 of the Electric Power Reserve and Supply Agreement, celebrated between CHESF and BRASKEM - UNIB-BA, on 10/20/2004.

 

Period of Supply


 

Period of the year


 

ELECTRIC POWER RESERVE

(amounts in kW)


item


 

Month/year


   

Peak


 

Off peak


1

  Nov/2004   dry   75,000   135,000

2

  Dec/2004   wet   84,000   135,000

3

  Jan to Apr/2005   wet   63,000   138,000

4

  May to Nov/2005   dry   63,000   138,000

5

  Dec /2005   wet   63,000   138,000

6

  Jan to Apr/2006   wet   83,000   150,000

7

  May to Nov/2006   dry   83,000   150,000

8

  Dec/2006   wet   83,000   150,000

9

  Jan to Apr/2007   wet   85,000   150,000

10

  May to Nov/2007   dry   85,000   150,000

11

  Dec/2007   wet   85,000   150,000

12

  Jan to Apr/2008   wet   85,000   150,000

13

  May to Nov/2008   dry   85,000   150,000

14

  Dec/2008   wet   85,000   150,000

15

  Jan to Apr/2009   wet   85,000   150,000

16

  May to Nov/2009   dry   85,000   150,000

17

  Dec/2009   wet   85,000   150,000

18

  Jan to Apr/2010   wet   85,000   150,000

19

  May to Nov/2010   dry   184,000   150,000

20

  Dec/2010   wet   184,000   150,000