The Power and Water Purchase Agreement (the “PWPA”) was signed on 31 July 2001 between ADWEC, otherwise known as the Procurer, a wholly owned, indirect subsidiary of the Abu Dhabi Water and Electricity Authority (“ADWEA”) and Shuweihat Limited Partnership. Under the terms of the PWPA, the rights and obligations of Shuweihat Limited Partnership were novated to Shuweihat CMS International Power Company (the “Project Company”) upon financial close.

The PWPA is the central document that sets out the timetable for the implementation of the Project, the tariffs for power and water and the major commercial undertakings with respect to the contracting parties.

Notice to Proceed (“NTP”) was issued to the EPC Contractor Consortium of Siemens AG and Fisia Italimpianti SpA on financial close (7 December 2001). The construction period will be for a period of 2 years and 9 months after the NTP, with a Project Commercial Operations Date (“PCOD”) of 17 August 2004. The PWPA requires delivery of early power and water commencing 1 May 2004. The PWPA runs for a period of 20 years from PCOD.