exhibit10_4.htm


 



EXHIBIT 10.4







***  Indicates material has been omitted pursuant to a Confidential Treatment Request filed with the Securities and Exchange Commission.  A complete copy of this agreement has been filed separately with the Securities and Exchange Commission.












AMENDMENT NO. 03







EFFECTIVE JUNE 18, 2010












TO












PROFESSIONAL SERVICES AGREEMENT







FOR







TXU ENERGY'S


2009 iTHERMOSTAT PROGRAM


AN INTERNET BASED LOAD MANAGEMENT SYSTEM


WITH ZIGBEE HOME AREA NETWORK












BY AND BETWEEN







COMVERGE INC.







AND







TXU ENERGY RETAIL COMPANY LLC

















DATED APRIL 15, 2009












CONTRACT NO. C 0600559 C


 


 


Redacted Agreement




  





  











  






 

 


No. С 0600559 C


AMENDMENT NO. 03













	
 


The Effective Date of the Amendment (this “Amendment”) is June 18, 2010.

	
 


EFFECTIVE DATE


	
 


This Amendment modifies, alters or changes specific terms and conditions of Contract No. C 0600559 C (“Аgreement”) that exists between the parties hereto. Except as modified in this Amendment or previous amendments, the Agreement will remain in full force and effect.

	
 


PURPOSE


	
 


The Agreement is modified as follows:


 

	
 


MODIFICATIONS


	
 


A new Statement of Work in the form of Exhibit A to this Amendment is incorporated into the Agreement and shall constitute as statement of Work, as such term is defined in the Agreement.

	
 


NEW STATEMENT OF WORK NO. 3


 


 


 

















The parties have signed this Amendment acknowledging their agreement to its provisions as of the Effective Date.












Comverge Inc.                                                                           TXU Energy Retail Company LLC







By:              /s/ Ed Myszka                                                        By:           /s/ Michael Grasso


Name:         Ed Myszka                                   Name:       Michael Grasso


Title:           COO                                                                Title:         CMO


 


 




 




  





  











  











EXHIBIT А


STATEMENT OF WORK # 3







BIS/CARE Integration


Enrollment and Scheduling Web Services












General; Description of Work







The Work to be completed by CONTRACTOR under this Statement of Work (the “Project”) shall be as set forth herein.







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