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Exhibit 10.5.1

 

AMENDMENT

TO

ENGINEERING, PROCUREMENT AND

CONSTRUCTION SERVICES

FIXED PRICE CONTRACT

LOCATION: AURORA, NEBRASKA

 

 

THIS AMENDMENT (“Amendment”) is made and entered into effective as of October 1, 2008 by and between Aventine Renewable Energy - Aurora West, LLC (“Owner”) and Kiewit Energy Company (“Kiewit”).

 

WITNESSETH

 

WHEREAS, Owner and Kiewit are parties to that certain Engineering, Procurement and Construction Services Fixed Price Contract dated May 31, 2007 (the “Contract”); and

 

WHEREAS, Owner and Kiewit desire to amend the Contract as set forth below.

 

NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, Owner and Kiewit agree as follows;

 

1.           Capitalized terms not defined herein shall have the meaning set forth in the Contract.

 

2.           The first sentence of Section 5.1 of the Contract is deleted in its entirety and the following language is inserted in lieu thereof:

 

“Kiewit guarantees that Substantial Completion of the Work will be  achieved no later than June 30, 2009 (“Guaranteed Substantial Completion Date”).”

 

3.           The third sentence of Section 5.1 of the Contract is hereby amended by inserting the following language after the phrase “provided, however,” on the last line of page 12 of the Contract:

 

“such Base LDs shall not commence with until the 31 st Day after the Guaranteed Substantial Completion Date (i.e. Day 1 under item (i) above shall be such 31 st Day after the Guaranteed Substantial Completion Date) and provided further, however, . . .”

 

4.           Section 5.3 Early Completion Bonus of the Con


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