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NATURAL GAS AGREEMENTS (021) ..:>.- <,,' , C.L- '-. " ,,>:. I~ (3.:.: 4 . FORM OF SERVICE AGREEMENT FOR GENERAL SERVICE THIS AGREEMENT entered into this 25th day of February 1980, by and between Florida Gas Transmission Company, a corporation of the State of Delaware (herein called "Seller") and City of Clearwater, Florida, (herein called "Buyer"): WIT N E SSE T H : WHEREAS, Buyer wishes to purchase natural gas from Seller and Seller wishes to sell and deliver natural gas to Buyer, NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer do covenant and agree as follows: ARTICLE I Quantities 1. Firm Gas: Buyer agrees to purchase and receive from Seller and Seller agrees to sell and deliver to Buyer firm natural gas for resale and use in its gas distribution business in the communities and areas supplied by Buyer up to but not in excess of the Maximum Daily Contract Quantity and the Annual Contract Quantity speci- fied below at the Point(s) of Delivery set forth in Article IV hereof: Maximum Daily Contract Quantity (Therms) 100,000 11,499,000 Annual Contract Quantity (Therms) ARTICLE II Rate Schedule 1. Buyer shall pay Seller, for all service rendered hereunder, the prices established under Seller's Rate Schedule G as filed with the Federal Energy Regulatory Commission and as said Rate Schedule may hereafter be legally amended or superseded. ~~'_:-<:""''',~ '--, ~',.~"l--t;"'::.. \,_ ~-'-,:L;.r.'''< I ';:: ~ ~ I . 2. This Agreement in all respects shall be and remain subject to the applicable provisions of said Rate Schedule and of the General Terms and Conditions of Seller on file with the Federal Energy Regulatory Commission (as the same may hereafter be legally amended or superseded), all of which are made a part hereof by this reference. ARTICLE III Term of Agreement This Agreement shall be effective on February 25, 1980, and shall continue in effect until July 1, 1999, and thereafter from year to year unless and until terminated either by Seller or by Buyer upon twelve (12) months' prior written notice to the other specifying a termination date at the end of such period or any yearly period thereafter. It is understood that Seller does not now have and may not have in the future sufficient gas reserves to supply Buyer with gas for the term of this Service Agreement and that, consequently, Seller will not be responsible for a failure to have gas available for delivery hereunder. ARTICLE IV Point of Delivery The Point(s) of Delivery for all natural gas purchased under this Agreement shall be at the City gate(s) of: North Clearwater, Florida - not to exceed 90,000 therms per day; South Clearwater, Florida - not to exceed 90,000 therms per day East Clearwat~r, Florida - not to exceed 90,000 therms per day ARTICLE V Notices All shall be below or writing: notices and communications with respect to this Agreement in writing and sent by prepaid mail to the addresses stated at such other address as may hereafter be designated in Seller: Florida Gas Transmission Company P.O. Box 44 Winter Park, Florida 32790 Buyer: City of Clearwater P. O. Box 4749 Clearwater, Florida 33518 - 2 - ., - .. ,~ I , ARTICLE VI Miscellaneous 1. The interpretation and performance of this Agreement shall be in accordance with the laws of the State of Florida. 2. Seller may make changes in its FERC Gas Tariff upon filing with the Federal Energy Regulatory Commission under Section 4 of the Natural Gas Act and acceptance thereof by the Federal Energy Regulatory Commission. 3. This Agreement shall bind and benefit the successors and assigns of the respective parties hereto. 4. This Agreement cancels and supersedes, as of its effective date, existing agreement relating to the sale of gas by Seller to Buyer as follows: August 25, 1973 IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officials on the dates set forth below. FLORIDA GAS TRANSMISSION COMPANY By: CITY;F, CLEAR1:TER, FL:;A ~ By: Cz.t, tJ" ,.-Q 'B,-\k.. , ., . \ Title: Acting City Manager Title: ATTEST: / - Counsel ATTEST: 1n Lx~ AVo r17 c~&ie;:k ., ~::'("l~i,}~ Mayor- Commissioner Date: April 1, 1980 rectness: - 3 -