Exhibit 10.36
First Amendment
to the Design/Build Agreement
between
AES Clean Technology and Dendreon
Corporation
THIS FIRST AMENDMENT (this
“First Amendment”) dated as of February 16, 2006, is
entered into by and between Dendreon Corporation, having an office
at 3005 First Avenue, Seattle, WA, 98121 (“Owner”) and
AES Clean Technology, Inc., having an office at 422 Stump Road,
Montgomeryville, PA, 18936
(“Design/Builder”)
WHEREAS, Design/Builder and Owner
entered into a Design/Build Agreement dated November 4, 2005
(the “Agreement”); and
WHEREAS, Owner and Design/Builder
desire to revise the scope of the Work, as defined in the
Agreement, as set forth below (“Services”);
and
WHEREAS, Owner desires to amend the
pricing structure and other provisions of the Agreement, as set
forth below;
NOW THEREFORE, in consideration of
the mutual covenants and agreements contained herein, the parties
hereto agree as follows:
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1.
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Scope of the
Services .
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The first sentence of
Section 1.1 of the Agreement is hereby replaced with the
following sentence:
Design/Builder shall perform and
complete, or cause to be performed and completed, the design and
construction of all work required for the Project, consistent with
the Redesign Meeting Notes from January 5-6, 2006 and with the
layout depicted in the Perkins +