EXHIBIT 10.4
CHANGE ORDER FORM
PROJECT NAME: 42-inch Sabine Pass Pipeline Project
COMPANY: Cheniere Sabine Pass Pipeline Company
CONTRACTOR: Willbros Engineers, Inc.
CHANGE ORDER NUMBER: CO-017
DATE OF CHANGE ORDER: May 12, 2008
DATE OF AGREEMENT: February 1, 2006
The Agreement between the Parties listed above is changed as follows: (attach additional documentation if necessary)
This change order is for accounting purposes to move the charges associated with an electrical cable relocation at Duck Blind road from CO-010 to CO-017. At Cheniere’s direction, Willbros made payments directly to Jeff Davis Electric Coop in the amounts shown on the attached Willbros invoices. Jeff Davis services and the amounts paid were outside Willbros’ construction scope of work covered by CO-010. Originally, Jeff Davis invoices were handled as a provisional amount associated with engineering in CO-010.
Adjustment to price under the Agreement:
| The original Guaranteed Maximum Price was |
$ | 67,670,200 | |
| Net change by previously authorized Change Orders #1 - 16 |
$ | 2,510,650 | |
| The Guaranteed Maximum Price prior to the Change Order was |
$ | 70,180,850 | |
| The Guaranteed Maximum Price will be (increased) (decreased) (unchanged) by this Change Order in the amount of | $ | 100,827 | |
| The new Guaranteed Maximum Price including this Change Order will be |
$ | 70,281,677 |
Adjustment to dates:
| The Preparation and Material Receipt Commencement Date will be (increased) (decreased) (unchanged) by 0 calendar days and as a result of this Change Order is now: | January 1, 2007 | |
| The Construction Commencement Date will be (increased) (decreased) (unchanged) by 0 calendar days and as a result of this Change Order is now: | April 1, 2007 | |
| The Scheduled Mechanical Completion Date will be (increased) (decreased) (unchanged) by 0 calendar days and as a result of this Change Order is now: | March 20, 2008 |
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Other impacts to liability or obligation of Willbros or Cheniere under the Agreement: None
Upon execution of this Change Order by Cheniere and Willbros, 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 Cheniere’s Authorized Representative and Willbros’ Authorized Representative.
| CHENIERE SABINE PASS PIPELINE COMPANY | ||
| Name | /s/ R. Keith Teague | |
| Cheniere’s Authorized Representative | ||
| Title | President | |
| Date of Signing | 5/22/08 | |
| WILLBROS ENGINEERS, INC. | ||
| Name | /s/ Curtis E. Simkin | |
| Willbros’ Authorized Representative | ||
| Curtis E. Simkin | ||
| Title | President |
| Date of Signing | 6/9/08 | |
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