exhibit10_2.htm


EXHIBIT 10.2


 


***  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. #01


 


 


EFFECTIVE AUGUST 18, 2009


TO


PROFESSIONAL SERVICES AGREEMENT


FOR


 


 


TXU ENERGY'S


2009 iTHERMOSTAT PROGRAM


AN INTERNET BASED LOAD MANAGEMENT SYSTEM


WITH ZIBEE HOME AREA NETWORK


 


 


 


BY AND BETWEEN


COMVERGE INC.


AND


TXU ENERGY RETAIL COMPANY LLC


 


 


DATED APRIL 15, 2009


 


 


CONTRACT NO. C 0600559 C












Redacted Version


 


 




  





  











  











AMENDMENT NO. #01








	
 


The Effective Date of the Amendment is August 18, 2009


 


This Amendment modifies, alters or changes specific terms and


conditions of Contract No. C 0600559 C ("Agreement") that exists


between the parties hereto. Except as modified in this Amendment or previous amendments, the Agreement will remain in full force and effect.


 


The Agreement is modified as follows:


 


Attachment 1 "Statement of Work Document" to the Agreement is


being modified as follows:


 


The following language is hereby added to the end of the first paragraph of "Introduction and Background":


CONTRACTOR will also be providing hardware, software and professional services for the COMPANY iThermostat project in support of Commercial and Industrial customers.


 


The second paragraph of Article 1. "Hardware" IS hereby


deleted and replaced with the following:


 


***.


 


The following new language is hereby inserted as a new


subsection, entitled "C & I Portal Scope," into Article 1


"Hardware" :


C & I PORTAL SCOPE:


• ***


• ***


• ***


• ***


• ***


• ***


• ***


• ***


 

	
 


EFFECTIVE DATE


 


PURPOSE


 


 


 


MODIFICATIONS


 


 


ATTACHMENT 1


 


 


INTRODUCTION AND


BACKGROUND


 


 


HARDWARE


 


 


 


 


 


 


 


 


 


C & I PORTAL SCOPE







 


 




  





  











  






 


AMENDMENT NO. #01


 


The cost of the C & I Portal is hereby inserted into the "Pricing/ Budget" provision as a new line item:                                                            BUDGET/PRICING


 




	
Description

	
Pricing

	
Unit

	
#Units

	
Sub-Totals


	
***

	
***

	
***

	
***

	
***


	  	  	  	
***


Total

	
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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/ Arthur Vos____________________                                                                           By:  _/s/ Nancy F. Perry___________________


Signature                                                                                         Signature







Name:  _Arthur Vos_____________________                                                                              Name:  ___Nancy F. Perry_________________







 

 


Title:   _Executive Vice President, CTO_____                                                                                   Title:  ___________VP____________________












Date:  __January 13, 2010________________                                                                                 Date:  ___1/15/10________________________