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NATURAL GAS AGREEMENTS (005) .;!If: .~ I I SERVICE AGREEJvlENT FOR TOTAL ENERGY INTERRUPTIBLE GAS SERVICE THIS AGREE}illNT entered into this .;2 -xci' , 19~ by and between the CITY OF CLEARWATER, FLORIDA, a munici herein called the "Seller" and the CLEAR\olATER PROFESSIONAL BUILDING COHPANY, INC., 301 Pierce Street, Clearwater, Pinellas County, Florida, Hereinafter called the UBuyeru; WIT N E SSE T H : WHEREAS, the Buyer wishes to obtain the special gas rate provided I I herein for interruptibl~ gas service and the Seller is willing to sell and deliver Natural Gas, when available, to the Buyer; NOW, THEREFORE, Seller and Buyer agree as follows: 1. The Buyer hereby agrees to install and maintain stand-by Liquefied Petroleum Gas burning apparatus, in good working order, for all equipment and appliances to be served with interruptible Natural Gas under this Agreement, during the life of this Agreement. Equipment without such stand-by apparatus shall not be served with gas under the terms of this Agreement. 2. The Seller agrees to furnish an adequate supply of Natural Gas to aforesaid equipment and appliances except when necessary to interrupt said supply as provided herein. 3. Whenever a curtailment of gas delivered hereunder is required, the Seller, through the Superintendent of Gas Distribution, shall issue a curtailment order to the Buyer, through the Superintendent of Building Maintenance, specifying the quantity of gas to be curtailed and the time at which such curtailment shall take effect. When restoration of service is permissible, Seller shall similarly issue a restoration order. A curtailment order may be issued either by verbal or written notice at least two hours in advance of its effective time, except that if curtailment or interruption is occasioned by an' event "of. "force'm"ajeure" affecting "che Seller's system, Seller shall be obligated to give only such notice as is practicable in the circumstances. 4. Gas taken by the Buyer Under this Agreement by reason of Buyer's failure to comply with curtailment order shall be considered as oVer-run gas and Buyer shall pay for such oVer-run gas at the rate of $1.50 per Therm. The Seller shall have a meter reading taken at the effective time of a curtail- ment order and any gas recorded on meter after said time and before restoration -1_ C"'J,c",,' ", !,':-' '.-- ,. .r: .~ " , I of service shall be considered as oVer-run gas. 5. All gas furnished by the Seller under the terms of this Agreement shall be separately metered by metering equipment furnished by the Seller. 6. The rate for gas furnished under the terms of this Agreement shall be Four Cents (4~) per Therm for the first 10,000 Therms and allover @ 3.8~ per therm billed monthly. Said rate shall be subject to adjustment from time to time in accordance with any changes in the base rate for interruptible gas furnished to the Seller by the Florida Gas Transmission Company. There will be no minimum bill. 7. This Agreā‚¬lment shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. IN WITNESS WEEREOF, the parties hereto have executed this Agreement d officials on the date set forth above. ~~- Ci ty l"lanager, - CLEAl1'iJATER PROFESSIONAL BUILDING COl"IPANY, INC. "C"',',, ~ ~ I ~........: J By/~'UU~,' ,.'..' President , ,,' v -2-